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 14 shall apply to an Award only if:
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. 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] § 64.2502 Effect of state law or regula- tion. 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. 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. 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. Aditech will not have any obligation, duty or liability to Forward, whether in contract, tort or otherwise, other than as expressly provided in this Agreement. The limitations, exclusions and disclaimers in this Agreement will apply irrespective of the nature of the cause of action or demand including, but not limited to, breach of contract, negligence, strict liability, tort or any other legal theory and will survive a fundamental breach or breaches of this Agreement or the failure of the essential purpose of this Agreement unless such liability is due to willful misconduct or the gross negligence of Aditech.
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. 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.
