Common use of Scope of Limitation Clause in Contracts

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 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 3 2 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 2 than it was before the application of this Section 32. If this Section 3 2 applies, it shall supersede any contrary provision of this Agreement.