Common use of Section 409A Savings Clause Clause in Contracts

Section 409A Savings Clause. This Agreement and all provisions hereof are intended to comply with Section 409A of the Code and the permanent, temporary or proposed regulations issued thereunder. If any provision of this Agreement violates or fails to comply with the Section 409A of the Code or the permanent, temporary or proposed regulations thereunder, then such provision shall be modified, as of the effective date of this Agreement, to the least extent necessary to comply therewith. This Section supersedes all other provisions of this Agreement to the extent of any inconsistency.

Appears in 4 contracts

Samples: Employment Agreement (Energysouth Inc), Employment Agreement (United Bancorporation of Alabama Inc), Change in Control Agreement (Energysouth Inc)

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Section 409A Savings Clause. This (a) Application of Section 409A. To the extent of any compliance issues or ambiguous terms, this Agreement and all provisions hereof are intended shall be construed in such a manner so as to comply with the requirements of section 409A of the Code, and the rules set forth in this Section 9 shall apply with respect to any payments that may be subject to section 409A of the Code and the permanent, temporary or proposed regulations issued thereunder. If notwithstanding any other provision of this Agreement violates or fails to comply with the Section 409A of the Code or the permanent, temporary or proposed regulations thereunder, then such provision shall be modified, as of the effective date of this Agreement, to the least extent necessary to comply therewith. This Section supersedes all other provisions of this Agreement to the extent of any inconsistency.

Appears in 1 contract

Samples: Employment Agreement (Heritage Global Inc.)

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