Possible Reduction. If necessary, the Covered Payments shall be reduced in a manner that maximizes Executive’s economic position. In applying this principle, the reduction shall be made in a manner consistent with the requirements of Section 409A of the Code, and where two economically equivalent amounts are subject to reduction but are payable at different times, such amounts shall be reduced on a pro rata basis but not below zero.
Appears in 10 contracts
Samples: Employment Agreement (Nortech Systems Inc), Employment Agreement (Nortech Systems Inc), Employment Agreement (Nortech Systems Inc)