Reimbursement of Legal Costs. The Company shall pay to the Executive all legal fees and expenses incurred by the Executive as a result of a termination which entitles the Executive to any payments under this Agreement including all such fees and expenses, if any, incurred in contesting or disputing any Notice of Intent to Terminate under Section 4(a) hereof or in seeking to obtain or enforce any right or benefit provided by this Agreement or in connection with any tax audit or proceeding to the extent attributable to the application of Section 4999 of the Code to any payment or benefit provide hereunder. Such payments shall be made within five (5) business days after delivery of the Executive's respective written requests for payment accompanied by such evidence of fees and expenses incurred as the Company reasonably may require.
Reimbursement of Legal Costs. The Company (or any successor thereto) shall pay to the Executive all reasonable legal fees and expenses incurred by the Executive after a Change in Control as a result of or in connection with a bona fide dispute regarding the application of any provision of this Agreement that arises after a Change in Control, including, without limitation, all such fees and expenses, if any, incurred (i) in disputing any termination under Section 6, or (ii) in seeking to enforce or obtain any right or benefit provided by this Agreement; PROVIDED, HOWEVER, that the Company (or any successor thereto) shall only be obligated to make payments under this Section 11(l) for legal fees and expenses incurred by the Executive in connection with or as a result of any such bona fide dispute regarding which the Executive has obtained a final, nonappealable decision or determination in his favor (a "Final Determination"). Any payments pursuant to this Section 11(l) shall be made only if a Final Determination has been rendered and shall be made within five (5) business days after delivery of the Executive's respective written requests for payment accompanied by such evidence of fees and expenses incurred as the Company (or any successor thereto) reasonably may require.
Reimbursement of Legal Costs. The Company shall pay to the ---------------------------- Executive all legal fees and expenses incurred by the Executive as a result of a termination which entitles the Executive to any payments under Section 2 of this Agreement, including all such fees and expenses, if any, incurred in contesting or disputing any Notice of Intent to Terminate under Section 2.9(C) hereof or in seeking to obtain or enforce any right or benefit provided by Section 2 of this Agreement (or Section 3 of this Agreement in connection with its applicability under Section 2 of this Agreement), or in connection with any tax audit or proceeding to the extent attributable to the application of section 4999 of the Code to any payment or benefit provided hereunder. Such payments shall be made within five (5) business days after delivery of the Executive's respective written requests for payment accompanied with such evidence of fees and expenses incurred as the Company reasonably may require.
Reimbursement of Legal Costs. The Company shall pay to the Executive all legal fees and expenses incurred by the Executive as a result of a termination which entitles the Executive to any payments under this Agreement including all such fees and expenses, if any, incurred in contesting or disputing any Notice of Termination under Section 4(a) hereof or in seeking to obtain or enforce any right or benefit provided by this Agreement or in connection with any tax audit or proceeding to the extent attributable to the application of Section 4999 of the Code to any payment or benefit provide hereunder. Such payments shall be made within five (5) business days after delivery of the Executive’s respective written requests for payment accompanied by such evidence of fees and expenses incurred as the Company reasonably may require. Notwithstanding the foregoing, to the extent that Code Section 409A is applicable to the expenses under this Section 6 as deferred compensation, to the extent that no exception under Code Section 409A is applicable the following shall apply (and to the extent such expenses are not reimbursements for tax audit or litigation expenses which are subject to the reimbursement provisions of Section 5(d)): (a) all expenses to be paid under this Section 6 and that are taxable and includable in Executive’s income shall only be paid for a period not to exceed 25 years from the Executive’s Separation from Service; (b) any amount reimbursable or paid in one tax year shall not affect the amount to be reimbursed or paid in another tax year; (c) the Executive must provide the Company with reasonable documentation of such expenses; (d) payments for such expenses will be made in cash within 30 days after the reasonable documentation of the expenses incurred is provided but in no event later than the end of Executive’s taxable year following the Executive’s tax year in which the expenses are incurred; and (e) the payments under this Section 6 cannot be substituted for another benefit.
Reimbursement of Legal Costs. If any action, at law, in equity or in admiralty, is brought by the Seller, either under the provisions of these Terms and Conditions of Sale or to enforce the Buyer’s contractual obligation arising from the Agreement of Sale of Marine Fuel or, enforcement of the Seller’s right under these Terms and Conditions, the Seller shall be entitled to recover its legal costs, on an indemnity basis, from the Buyer.
Reimbursement of Legal Costs. The Company shall pay to the Executive all reasonable legal fees and expenses incurred by the Executive as a result of a termination that entitles the Executive to any payments under this Agreement including all such fees and expenses, if any, incurred in contesting or disputing any Notice of Termination under Section 6.2 hereof or in seeking to obtain or enforce any right or benefit provided by this Agreement. Such payments shall be made within five (5) business days after delivery of the Executive's respective written requests for payment accompanied with such evidence of fees and expenses incurred as the Company reasonably may require.
Reimbursement of Legal Costs. The Company agrees to reimburse Xxxxxx for his reasonable legal costs (including reasonable attorney’s fees) incurred in connection with the negotiation and documentation of this Agreement.
Reimbursement of Legal Costs. Lessee shall reimburse and pay to Lessor for the legal fees and expenses incurred by Lessor in connection with the preparation and negotiation of this Agreement and the consummation of transactions contemplated hereunder and under any Lease.
Reimbursement of Legal Costs. The first sentence of Section 5.5 of the Agreement is hereby amended by replacing clause (iii) thereof with the following:
Reimbursement of Legal Costs. The Company shall pay all legal fees and related expenses (including the costs of experts, evidence and counsel) incurred by the Employee as a result of (i) the Employee's contesting or disputing any termination of employment, or (ii) the Employee's seeking to obtain or enforce any right or benefit provided by this Agreement or by any other plan or arrangement maintained by the Company (or its successors) under which the Employee is or may be entitled to receive benefits; provided that the Company's obligation to pay such fees and expenses is subject to the Employee's prevailing with respect to the matters in dispute in any action initiated by the Employee or the Employee's having been determined to have acted reasonably and in good faith with respect to any action initiated by the Company.
