Selection of Accounting Firm. Determinations under this Section 2 will be made by PricewaterhouseCoopers, LLP or if PricewaterhouseCoopers, LLP is unable or unwilling to serve or if the Company and Executive otherwise determine, by another firm mutually agreed to by the Company and Executive (the "Firm"). The determinations of the Firm will be binding upon the Company and Executive except as the determinations are established in resolution (including by settlement) of a controversy with the Internal Revenue Service to have been incorrect. All fees and expenses of the Firm will be paid by the Company.
Appears in 3 contracts
Samples: Change of Control Agreement (pSivida LTD), Change of Control Agreement (pSivida LTD), Control Agreement (pSivida LTD)
Selection of Accounting Firm. Determinations under this Section 2 ----------------------------- will be made by PricewaterhouseCoopers, LLP or if PricewaterhouseCoopers, LLP is unable or unwilling to serve or if the Company and Executive otherwise determine, by another firm mutually agreed to by the Company and Executive (the "Firm"). The determinations of the Firm will be binding upon the Company and Executive except as the determinations are established in resolution (including by settlement) of a controversy with the Internal Revenue Service to have been incorrect. All fees and expenses of the Firm will be paid by the Company.
Appears in 2 contracts
Samples: Control Agreement (Control Delivery Systems Inc/Ma), Control Agreement (Control Delivery Systems Inc/Ma)
Selection of Accounting Firm. Determinations under this Section 2 5 ---------------------------- will be made by PricewaterhouseCoopers, LLP or if PricewaterhouseCoopers, LLP is unable or unwilling to serve or if the Company and Executive otherwise determine, by another firm mutually agreed to by the Company and Executive (the "Firm"). The determinations of the Firm will be binding upon the Company and Executive except as the determinations are established in resolution (including by settlement) of a controversy with the Internal Revenue Service to have been incorrect. All fees and expenses of the Firm will be paid by the Company.
Appears in 2 contracts
Samples: Employment Agreement (Control Delivery Systems Inc/Ma), Employment Agreement (Control Delivery Systems Inc/Ma)
Selection of Accounting Firm. Determinations under this Section 2 will ----------------------------- be made by PricewaterhouseCoopers, LLP or if PricewaterhouseCoopers, LLP is unable or unwilling to serve or if the Company and Executive otherwise determine, by another firm mutually agreed to by the Company and Executive (the "Firm"). The determinations of the Firm will be binding upon the Company and Executive except as the determinations are established in resolution (including by settlement) of a controversy with the Internal Revenue Service to have been incorrect. All fees and expenses of the Firm will be paid by the Company.
Appears in 1 contract
Samples: Control Agreement (Control Delivery Systems Inc/Ma)