Common use of Requirement of Additional Payment in Certain Circumstances Clause in Contracts

Requirement of Additional Payment in Certain Circumstances. In the event that Executive is deemed to have received an Aexcess parachute payment@ (as defined in Section 280G(b) of the Internal Revenue Code of 1986, as amended (the "Code") which is subject to the excise taxes (the AExcise Taxes@) imposed by Section 4999 of the Code in respect of any payment pursuant to this Agreement or any other agreement, plan, instrument or obligation, in whatever form arising from or in connection with Executive's employment with the Company or a Change in Control, the Company shall make the Additional Payment (defined below) to Executive notwithstanding any contrary provision in this Agreement or any other agreement, plan, instrument or obligation.

Requirement of Additional Payment in Certain Circumstances. In the event that Executive is deemed to have received an Aexcess excess parachute payment@ payment (as defined in Section 280G(b) of the Internal Revenue Code of 1986, as amended (the "“Code"”) which is subject to the excise taxes (the AExcise Taxes@Excise Taxes) imposed by Section 4999 of the Code in respect of any payment pursuant to this Agreement or any other agreement, plan, instrument or obligation, in whatever form arising from or in connection with Executive's ’s employment with the Company or a Change in Control, the Company shall make the Additional Payment (defined below) to Executive notwithstanding any contrary provision in this Agreement or any other agreement, plan, instrument or obligation.

Requirement of Additional Payment in Certain Circumstances. In the event that Executive is deemed to have received an Aexcess “excess parachute payment@ payment” (as defined in Section 280G(b) of the Internal Revenue Code of 1986, as amended (the "“Code"”) which is subject to the excise taxes (the AExcise Taxes@“Excise Taxes”) imposed by Section 4999 of the Code in respect of any payment pursuant to this Agreement or any other agreement, plan, instrument or obligation, in whatever form arising from or in connection with Executive's ’s employment with the Company or a Change in Control, the Company shall make the Additional Payment (defined below) to Executive notwithstanding any contrary provision in this Agreement or any other agreement, plan, instrument or obligation.