Payments for Reimbursements and In-Kind Benefits. All reimbursements for costs and expenses under this Agreement shall be paid in no event later than the end of the calendar year following the calendar year in which the Executive incurs such expense. With regard to any provision herein that provides for reimbursement of costs and expenses or in-kind benefits, except as permitted by Section 409A, (i) the right to reimbursement or in-kind benefits shall not be subject to liquidation or exchange for another benefit, and (ii) the amount of expenses eligible for reimbursement or in-kind benefits provided during any taxable year shall not affect the expenses eligible for reimbursement or in-kind benefits to be provided in any other taxable year.
Payments for Reimbursements and In-Kind Benefits. All reimbursements for costs and expenses under this Agreement shall be paid in no event later than the end of the calendar year following the calendar year in which the Executive incurs such expense. With regard to any provision herein that provides for reimbursement of costs and expenses or in-kind benefits, except as permitted by Section 409A, (i) the right to reimbursement or in-kind benefits shall not be subject to liquidation or exchange for another benefit, and (ii) the amount of expenses eligible for reimbursements or in-kind benefits provided during any taxable year shall not affect the expenses eligible for reimbursement or in-kind benefits to be provided in any other taxable year, provided, however, that the foregoing clause (ii) shall not be violated with regard to expenses reimbursed under any arrangement covered by Section 105(b) of the Code solely because such expenses are subject to a limit related to the period the arrangement is in effect.
Payments for Reimbursements and In-Kind Benefits. All reimbursements for costs and expenses under this Agreement shall be paid in no event later than the end of the calendar year following the calendar year in which you incur such expense. With regard to any provision herein that provides for reimbursement of costs and expenses or in-kind benefits, except as permitted by Section 409A of the Code, (i) the right to reimbursement or in-kind benefits shall not be subject to liquidation or exchange for another benefit, and (ii) the amount of expenses eligible for reimbursements or in-kind benefits provided during any taxable year shall not affect the expenses eligible for reimbursement or in-kind benefits to be provided in any other taxable year, provided, however, that the foregoing clause (ii) shall not be violated with regard to expenses reimbursed under any arrangement covered by Section 105(b) of the Code solely because such expenses are subject to a limit related to the period the arrangement is in effect. Very truly yours, SUBURBAN PROPANE PARTNERS, L.P. By: /s/ XXXXXX X. XXXXX, XX. Xxxxxx X. Xxxxx, Xx. Title: Chairman of the Board of Supervisors ACCEPTED AND AGREED as of the date first written above: /s/ XXXX X. XXXXXXXXX Xxxx X. Xxxxxxxxx [FORM OF SUPPLEMENTAL RELEASE] [Letterhead of Suburban Propane Partners, L.P.] Xx. Xxxx X. Alexander Chief Executive Officer Suburban Propane Partners, L.P. 00 Xxxxx 00 Xxxx Xxxxxxxx, Xxx Xxxxxx 00000-0206 Dear Xx. Xxxxxxxxx: This supplemental release agreement (the “Supplemental Release”) supplements that certain agreement between you and Suburban Propane Partners, L.P., dated April 22, 2009 (the “Separation Agreement”), which reflects our mutual understanding and agreement as to the arrangements relating to your separation from Suburban Propane Partners, L.P. (the “MLP”) and its subsidiaries (collectively with the MLP, “Suburban”) as of the end of the current fiscal year. Terms used but not otherwise defined in this Supplemental Release have the meanings ascribed to them in the Separation Agreement. In accordance with the term of Section 5(d) of the Separation Agreement and as a condition to the receipt of the compensation and benefits set forth in Section 3 of the Separation Agreement, you hereby agree as follows:
(a) Your acceptance and execution of this Supplemental Release constitutes a full, complete and knowing release and waiver of any claims asserted or non-asserted that you now have or now may have against Suburban arising out of your employment or termina...
