Withholding; Taxation. All payments under this Agreement shall be made subject to applicable tax withholding, and the Company shall withhold from any payments under this Agreement all federal, state and local taxes as the Company is required to withhold pursuant to any law or governmental rule or regulation. Except as otherwise provided by Section 2.3, Executive shall bear all expense of, and be solely responsible for, all federal, state and local taxes due with respect to any payment received under this Agreement. The parties intend that all payments hereunder shall comply with Section 409A of the Code. Executive agrees that the Company may revise the timing or nature of payments in this Agreement to the extent necessary to comply with Section 409A (although the parties agree that the provisions of this Agreement are not intended to be deferred compensation subject to such section).
Appears in 6 contracts
Samples: Employment Agreement (NxStage Medical, Inc.), Employment Agreement (NxStage Medical, Inc.), Employment Agreement (NxStage Medical, Inc.)
