Common use of Access; Binding Effect Clause in Contracts

Access; Binding Effect. The Corporation, the Employer and the Executive shall each provide the Accounting Firm access to and copies of any books, records and documents in the possession of the Employer or the Executive, as the case may be, reasonably requested by the Accounting Firm, and otherwise cooperate with the Accounting Firm in connection with the preparation and issuance of the determinations and calculations contemplated by this Section 3. Any determination by the Accounting Firm as to the amount of any Gross-Up Payment or Underpayment shall be binding upon the Employer, its Affiliates and the Executive; provided that if the Executive is ultimately required to pay an Excise Tax by the Internal Revenue Service despite the opinion of such Accounting Firm, then the Employer shall make the appropriate Gross-Up Payment contemplated herein.

Appears in 5 contracts

Sources: Change in Control Severance Agreement (Quorum Health Corp), Change in Control Severance Agreement (Quorum Health Corp), Change in Control Severance Agreement (Quorum Health Corp)

Access; Binding Effect. The Corporation, the Employer Company and the Executive shall each provide the Accounting Firm access to and copies of any books, records and documents in the possession of the Employer Company or the Executive, as the case may be, reasonably requested by the Accounting Firm, and otherwise cooperate with the Accounting Firm in connection with the preparation and issuance of the determinations and calculations contemplated by this Section 34. Any determination by the Accounting Firm as to the amount of any Gross-Up Payment or Underpayment shall be binding upon the Employer, its Affiliates Company and the Executive; provided provided, that if the Executive is ultimately required to pay an Excise Tax by the Internal Revenue Service despite the opinion of such Accounting Firm, then the Employer Company shall make the appropriate Gross-Up Payment contemplated herein.

Appears in 5 contracts

Sources: Change in Control Severance Agreement (Triad Hospitals Inc), Change in Control Severance Agreement (Triad Hospitals Inc), Change in Control Severance Agreement (Triad Hospitals Inc)

Access; Binding Effect. The Corporation, the Employer Company and the Executive Employee shall each provide the Accounting Firm access to and copies of any books, records and documents in the possession of the Employer Company or the ExecutiveEmployee, as the case may be, reasonably requested by the Accounting Firm, and otherwise cooperate with the Accounting Firm in connection with the preparation and issuance of the determinations and calculations contemplated by this Section 37. Any determination by the Accounting Firm as to the amount of any Gross-Up Payment or Underpayment shall be binding upon the Employer, its Affiliates Company and the ExecutiveEmployee; provided provided, that if the Executive Employee is ultimately required to pay an Excise Tax by the Internal Revenue Service despite the opinion of such Accounting Firm, then the Employer Company shall make the appropriate Gross-Up Payment contemplated herein.

Appears in 1 contract

Sources: Employment Agreement (Triad Hospitals Inc)