Scope of Limitation. This Section 3 shall apply only if an independent accredited accounting firm selected by the Employee (the “Accounting Firm”) determines that the after-tax value of all Payments (as defined below) to the Employee, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Employee (including the excise tax under Section 4999 of the Code), will be greater after the application of this Section 3 than it was before the application of this Section 3. If this Section 3 applies, it shall supersede any contrary provision of this Agreement.
Scope of Limitation. This Section 6 will apply only if the accounting firm serving as the Company’s independent public accountants immediately prior to a Change in Control (the “Accounting Firm”) determines that the after-tax value of all Payments (as defined below) to you under Section 5 of this Agreement, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to you (including the excise tax under Section 4999 of the Code), will be greater after the application of this Section 6 than it was before the application of this Section 6. If this Section 6 applies, it will supersede any contrary provision of this Agreement. For purposes of this Section 6, the term “Company” will also include affiliated corporations to the extent determined by the Accounting Firm in accordance with Section 280G(d)(5) of the Code.
Scope of Limitation. This Article 15 shall apply to an Award only if:
(a) The independent auditors selected for this purpose by the Committee (the “Auditors”) determine that the after-tax value of such Award to the Participant, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Participant (including the excise tax under section 4999 of the Code), will be greater after the application of this Article 15 than it was before the application of this Article 16; or
(b) The Committee, at the time of making an Award under the Plan or at any time thereafter, specifies in writing that such Award shall be subject to this Article 15 (regardless of the after-tax value of such Award to the Participant). If this Article 15 applies to an Award, it shall supersede any contrary provision of the Plan or of any Award granted under the Plan.
Scope of Limitation. The foregoing limitations and exclusions will not apply to the extent that liability cannot be limited or excluded according to applicable law.
Scope of Limitation. No person, by virtue of being or having been a director of the Corporation, shall have any personal liability for monetary damages to the Corporation or any of its Shareholders for any breach of fiduciary duty except as to the extent provided in Paragraph (B).
Scope of Limitation. For the purposes of this subpart, a multiunit premises is any contiguous area under common ownership or con- trol that contains two or more distinct units. A commercial multiunit prem- ises is any multiunit premises that is predominantly used for non-residential purposes, including for-profit, non- profit, and governmental uses. A resi- dential multiunit premises is any mul- tiunit premises that is predominantly used for residential purposes. 73 FR 28057, May 15, 2008] This subpart shall not preempt any state law or state regulation that re- quires a governmental entity to enter into a contract or understanding with a common carrier which would restrict such governmental entity’s right to ob- tain telecommunications service from another common carrier.
Scope of Limitation. This Section 6 shall apply only if an independent accredited accounting firm selected by Executive (the “Accounting Firm”) determines that the after-tax value of all Payments (as defined below) to Executive, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to Executive (including the excise tax under Section 4999 of the Code), will be greater after the application of this Section 6 than it was before the application of this Section 6. If this Section 6 applies, it shall supersede any contrary provision of this Agreement.
Scope of Limitation. This Section 2 shall apply only if an independent accounting firm selected by the Employee from among the largest four accounting firms in the United States (the “Accounting Firm”) determines that the after-tax value of all Payments (as defined below) to the Employee, taking into account the effect of all federal, state and local income taxes, employment taxes and excise taxes applicable to the Employee (including the excise tax under Section 4999 of the Code), will be greater after the application of this Section 2 than it was before the application of this Section 2. If this Section 2 applies, it shall supersede any contrary provision of this Agreement.
Scope of Limitation. The provisions of this Article and of the other Articles of this Agreement that provide for limitation or protection against liability of a Party shall (a) also protect such Party’s agents, and, to the extent they are acting on behalf of such Party, such Party’s affiliates, contractors, subcontractors, suppliers and vendors of every tier; (b) apply to the full extent permitted by law and regardless of fault; and (c) survive suspension of this Agreement, as well as the fulfillment of the obligations of the Parties hereunder.
Scope of Limitation. The limitations of liability set forth in the section shall not apply to, nor limit the liability of a Party or its Affiliates for:
a. a material breach of the Partnership agreement;
b. its obligations to indemnify, defend and hold the other Party harmless;
c. any gross negligence, fraud, or willful or intentional misconduct on the part of such Party.
