Common use of Section 409A Savings Provisions Clause in Contracts

Section 409A Savings Provisions. It is intended that the payments and benefits provided under this Agreement shall be exempt from the application of the requirements of Section 409A of the Code and the regulations and other guidance issued thereunder (collectively, “Section 409A”). Specifically, any taxable benefits or payments provided under this Agreement are intended to be separate payments that qualify for the “short term deferral” exception to Section 409A to the maximum extent possible, and to the extent they do not so qualify, are intended to qualify for the separation pay exceptions to Section 409A, to the maximum extent possible.

Appears in 5 contracts

Samples: Waiver and Release Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust), Executive Employment Agreement (Kite Realty Group Trust)

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