Common use of Certain Assumptions Clause in Contracts

Certain Assumptions. For purposes of this Section 13, the Executive shall be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Excise Tax is payable and state and local income taxes at the highest marginal rate of taxation in the state and locality of the Executive’s residence on the effective date of the Executive’s termination, net of the reduction in federal income taxes which could be obtained from deduction of such state and local taxes. Except as otherwise provided herein, all determinations required to be made under this Section 13 shall be made by Tax Counsel, which determinations shall be conclusive and binding on the Executive and the Employers, absent manifest error.

Appears in 2 contracts

Samples: Employment Agreement (Benjamin Franklin Bancorp, Inc.), Employment Agreement (Benjamin Franklin Bancorp, Inc.)

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Certain Assumptions. For purposes of this Section 13, the Executive shall be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Excise Tax is payable and state and local income taxes at the highest marginal rate of taxation in the state and locality of the Executive’s 's residence on the effective date of the Executive’s 's termination, net of the reduction in federal income taxes which could be obtained from deduction of such state and local taxes. Except as otherwise provided herein, all determinations required to be made under this Section 13 shall be made by Tax Counsel, which determinations shall be conclusive and binding on the Executive and the Employers, absent manifest error.

Appears in 2 contracts

Samples: Employment Agreement (Benjamin Franklin Bancorp, M.H.C.), Employment Agreement (Benjamin Franklin Bancorp, M.H.C.)

Certain Assumptions. For purposes of this Section 13, the Executive shall be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Excise Tax is payable and state and local income taxes at the highest marginal rate of taxation in the state and locality of the Executive’s residence on the effective date of the Executive’s termination, net of the reduction in federal income taxes which could be obtained from deduction of such state and local taxes. Except as otherwise provided herein, all determinations required to be made under this Section 13 shall be made by Tax Counsel, which determinations shall be conclusive and binding on the Executive and the EmployersCompany, absent manifest error.

Appears in 1 contract

Samples: Employment Agreement (Tri County Financial Corp /Md/)

Certain Assumptions. For purposes of this Section 135.3, the Executive shall be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Excise Tax is payable and state and local income taxes at the highest marginal rate of taxation in the state and locality of the Executive’s residence on the effective date of the Executive’s termination, net of the reduction in federal income taxes which could be obtained from deduction of such state and local taxes. Except as otherwise provided herein, all determinations required to be made under this Section 13 5.3 shall be made by Tax Counsel, which determinations shall be conclusive and binding on the Executive and the Employers, absent manifest error.

Appears in 1 contract

Samples: Employment Agreement (Sandy Spring Bancorp Inc)

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Certain Assumptions. For purposes of this Section 1312, the Executive shall be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Excise Tax is payable and state and local income taxes at the highest marginal rate of taxation in the state and locality of the Executive’s residence on the effective date of the Executive’s termination, net of the reduction in federal income taxes which could be obtained from deduction of such state and local taxes. Except as otherwise provided herein, all determinations required to be made under this Section 13 12 shall be made by Tax Counsel, which determinations shall be conclusive and binding on the Executive and the EmployersCompany, absent manifest error.

Appears in 1 contract

Samples: Employment Agreement (Community Financial Corp /Md/)

Certain Assumptions. For purposes of this Section 13, the Executive shall be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Excise Tax is payable and state and local income taxes at the highest marginal rate of taxation in the state and locality of the Executive’s 's residence on the effective date of the Executive’s 's termination, net of the reduction in federal income taxes which could be obtained from deduction of such state and local taxes. Except as otherwise provided herein, all determinations required to be made under this Section 13 shall be made by Tax Counsel, which determinations shall be conclusive and binding on the Executive and the EmployersCompany, absent manifest error.

Appears in 1 contract

Samples: Employment Agreement (New York Community Bancorp Inc)

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