Effect of Section 409A of the Code. Notwithstanding anything to the contrary in this Agreement, if the Company determines that any payments or benefits to be provided to the Executive pursuant to Sections 5 through 12 of this Agreement are or may become subject to the additional tax under Section 409A(a)(1)(B) of the Code or any other taxes or penalties imposed under Section 409A (the “409A Taxes”) as applicable at the time such payments and benefits are otherwise required under this Agreement, then:
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Samples: Employment Agreement (Cooper Tire & Rubber Co), Employment Agreement (Cooper Tire & Rubber Co)
Effect of Section 409A of the Code. Notwithstanding anything to the contrary in this Agreement, if if, upon the advice of its counsel, the Company determines that any payments or benefits to be provided to the Executive pursuant to Sections 5 through 12 of this Agreement are is or may become subject to the additional tax under Section 409A(a)(1)(B) of the Code or any other taxes or penalties imposed under Section 409A (the “409A Taxes”) as applicable if provided at the time such payments and benefits are otherwise required under this Agreement, then:
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Effect of Section 409A of the Code. Notwithstanding anything to the contrary in this Agreement, if if, upon the advice of its counsel, the Company determines that any payments or benefits to be provided to the Executive pursuant to Sections 5 through 12 Section 6 of this Agreement are or may become subject to the additional tax under Section 409A(a)(1)(B) of the Code or any other taxes or penalties imposed under Section 409A (the “"409A Taxes”") as applicable at the time such payments and benefits are otherwise required under this Agreement, then:
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