Common use of Compensation Limitation Clause in Contracts

Compensation Limitation. Anything in this Agreement to the contrary notwithstanding, no payment or distribution by the Company to or for the benefit of the Executive of the Salary Continuation Benefit or any other amount in the nature of compensation (whether paid or payable or distributed or distributable pursuant to the terms of this Agreement or otherwise) (a "Payment") will be paid that would be subject to the excise tax or denial of deduction imposed by Sections 280G and 4999 of the Code (an "Excess Parachute Payment").

Appears in 3 contracts

Sources: Employment Agreement (Marsh Supermarkets Inc), Employment Agreement (Marsh Supermarkets Inc), Employment Agreement (Marsh Supermarkets Inc)