Common use of Repayment of Advance on Refund Clause in Contracts

Repayment of Advance on Refund. If, after receipt by Executive of an Advance under Section 5.4.4 of this Agreement, Executive becomes entitled to a refund with respect to the Claim to which such Advance relates, Executive shall pay to the Company the amount of the refund (together with any interest paid or credited thereon after Taxes applicable thereto). However, if after receipt by Executive of an Advance, a determination is made that Executive shall not be entitled to any refund with respect to the Claim and the Company does not promptly notify Executive of its intent to contest the denial of refund, then the amount of the Advance shall not be required to be repaid by Executive and the amount thereof shall offset the amount of any additional Gross-Up Payment then owing to Executive.

Repayment of Advance on Refund. If, after receipt by Executive of an Advance under Section 5.4.4 4.4(D) of this Agreement, Executive becomes entitled to a refund with respect to the Claim to which such Advance relates, Executive shall pay to the Company FEI the amount of the refund (together with any interest paid or credited thereon after Taxes applicable thereto). However, if after receipt by Executive of an Advance, a determination is made that Executive shall not be entitled to any refund with respect to the Claim and the Company FEI does not promptly notify Executive of its intent to contest the denial of refund, then the amount of the Advance shall not be required to be repaid by Executive and the amount thereof shall offset the amount of any additional Gross-Up Payment then owing to Executive.