Special Limitation. If so provided under the terms of the QEP Resources, Inc. Employee Investment Plan, as may be amended from time to time (the “Investment Plan”), Optionee will be prohibited from exercising the Option granted by this Agreement, in whole or in part, at any time that he or she is suspended from making 401(k) contributions to the Investment Plan as a result of receiving a hardship withdrawal from such plan.
Special Limitation. Loss allocated to the Members for any Fiscal Year pursuant to Section 5.03 shall not exceed the maximum amount of such Loss that can be so allocated without causing any Member to have an Adjusted Capital Account Deficit at the end of such Fiscal Year. In the event some but not all of the Members would have such Adjusted Capital Account Deficits as a consequence of an allocation of Loss for a Fiscal Year pursuant to Section 5.03, the limitation set forth in the first sentence of this Section 5.04 shall be applied so as to allocate the maximum permissible amount of such Loss to each Member under Section 1.704-1(b)(2)(ii)(d) of the Treasury Regulations.
Special Limitation. During the period the Partners have determined that the Partnership will only be availed of only for investment purposes, which shall be the period, if any, contemplated by Section 6(c), the Managing General Partner may not purchase, sell, or exchange Marketable Securities or assets that pertain to a Class B Partnership Interest without the consent of the Partners to whom the Marketable Securities are deemed owned or allocated for federal income tax purposes, but the Managing General Partner shall have voting rights and all other aspects of management and control over such Marketable Securities and assets to which a Class B Partnership Interests pertains.
Special Limitation. (a) If part or all of the payments or benefits payable to the Executive, when added to other payments payable to the Executive as a result of a Change in Control, constitute Parachute Payments, the following limitation shall apply. If the Parachute Payments, net of the sum of the Excise Tax and the Federal income and employment taxes, state and local income taxes on the amount of the Parachute Payments in excess of the Threshold Amount, are greater than the Threshold Amount, the Executive shall be entitled to the full payments and benefits payable under this Agreement. If the Threshold Amount is greater than the Parachute Payments, net of the sum of the Excise Tax, and the Federal income and employment taxes, state and local income taxes on the amount of the Parachute Payments in excess of the Threshold Amount, then the payments and benefits under this Agreement shall be reduced to the extent necessary so that the maximum Parachute Payments shall not exceed the Threshold Amount. In the event a reduction is required, it shall be the Executive's choice as to which payments or benefits shall be so reduced. The Employer shall select a firm of independent certified public accountants to determine which of the foregoing alternative provisions shall apply. For purposes of determining the amount of the Federal income and employment taxes, and state and local income taxes on the amount of the Parachute Payments in excess of the Threshold Amount, the Executive shall be deemed to pay Federal income taxes at the highest marginal rate of Federal income taxation applicable to individuals for the calendar year in which the payments and benefits under this Agreement are payable and state and local income taxes at the
Special Limitation. The Provider Parties are not acting as disaster recovery or backup options for the Subscriber Data or Subscriber IP and shall not be liable for any expense or damage arising out of any erasure, damage or destruction of Subscriber Data or Subscriber IP. Subscriber shall be responsible for ensuring its ongoing independent access to all Subscriber Data and Subscriber IP.
Special Limitation. Anything in this Agreement to the contrary notwithstanding, in the event it shall be determined that any payment by the Company in connection with a Change in Control to or for the benefit of Employee (whether paid or payable pursuant to the terms of this Agreement or otherwise) (a “Payment”) would be nondeductible by the Company for Federal income tax purposes because of Section 280G of the Internal Revenue Code of 1986, as amended (“Code”), then the amount payable to Employee hereunder shall be reduced to the Reduced Amount. The “Reduced Amount” shall be that amount which maximizes the payment amount hereunder without causing any Payment to be nondeductible by the Company because of Section 280G of the Code.
Special Limitation. With respect to loss resulting from damage to or destruction of media for, or programming records pertaining to, electronic data processing or electronically controlled equipment, including data thereon, by the perils insured against, the length of time for which the Insurer shall be liable under this form shall not exceed:
(a) thirty (30) consecutive calendar days; or
(b) the length of time that would be required to rebuild, repair or replace such other property insured hereby as has been damaged or destroyed; whichever is the greater length of time.
Special Limitation. Notwithstanding the foregoing, the obligations of Guarantor under clause (b) of Section 2 hereof shall be terminated and of no further force and effect with respect to any Project as of such time, if ever, as (a) the Loan or Loans relating to such Project have been indefeasibly paid in full and (b) the Project Commitment for such Project has been terminated.
Special Limitation. Notwithstanding anything to the contrary contained in this Plan, no pension (including any special payments) shall be payable for any month with respect to which the participant claims and is eligible for sickness or accident benefits provided under a Company program or similar benefits provided under law.
Special Limitation. Notwithstanding the general rule set forth in Section 5.2(a), no Losses shall be allocated to any Limited Partner to the extent that such allocation would create or enlarge an Adjusted Capital Account Deficit. Any Losses which would be allocated to such Limited Partner but for the preceding sentence shall instead be allocated to the General Partner.
