Common use of Performance of Calculations Clause in Contracts

Performance of Calculations. The calculations in Section 4.1 above shall be made by a certified public accounting firm, executive compensation consulting firm, or law firm designated by the Company in its sole and absolute discretion, and may be determined using reasonable assumptions and approximations concerning applicable taxes and relying on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The costs of performing such calculations shall be borne exclusively by the Company.

Appears in 4 contracts

Samples: Severance Compensation Agreement (Rare Element Resources LTD), Severance Compensation Agreement (Rare Element Resources LTD), Change in Control Agreement (Rare Element Resources LTD)

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Performance of Calculations. The calculations in Section 4.1 8.1 above shall be made by a certified public accounting firm, executive compensation consulting firm, or law firm designated by the Company in its sole and absolute discretion, and may be determined using reasonable assumptions and approximations concerning applicable taxes and relying on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The costs of performing such calculations shall be borne exclusively by the Company.

Appears in 2 contracts

Samples: Employment Agreement (Rare Element Resources LTD), Employment Agreement (Rare Element Resources LTD)

Performance of Calculations. The calculations in Section 4.1 6(a) above shall be made by a certified public accounting firm, executive compensation consulting firm, or law firm designated by the Company in its sole and absolute discretion, and may be determined using reasonable assumptions and approximations concerning applicable taxes and relying on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The costs of performing such calculations shall be borne exclusively by the Company.

Appears in 1 contract

Samples: Performance Share Agreement (PDC Energy, Inc.)

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Performance of Calculations. The calculations in Section 4.1 5.1 above shall be made by a certified public accounting firm, executive compensation consulting firm, or law firm 3954123 designated by the Company in its sole and absolute discretion, and may be determined using reasonable assumptions and approximations concerning applicable taxes and relying on reasonable, good faith interpretations concerning the application of Sections 280G and 4999 of the Code. The costs of performing such calculations shall be borne exclusively by the Company.

Appears in 1 contract

Samples: Severance Compensation Agreement (SYNERGY RESOURCES Corp)

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