Common use of Excise Tax Indemnification Clause in Contracts

Excise Tax Indemnification. If the Internal Revenue Service asserts, or if Executive or the Company is advised in writing by a "Big Five" accounting firm, that any payment in the nature of compensation to, or for the benefit of, Executive from the Company (or any successor in interest) constitutes an "excess parachute payment" under section 280G of the Code, whether paid pursuant to this Agreement or any other agreement, and including property transfers pursuant to stock options and other employee benefits that vest upon a change in the ownership of effective control of the Company (collectively, the "Excess Parachute Payments") the Company shall pay to Executive, on demand, a cash sum sufficient (on a grossed-up basis) to indemnify Executive and hold him harmless from the following (the "Tax Indemnity Payment"):

Excise Tax Indemnification. If the Internal Revenue Service asserts, or if Executive or the Company is advised in writing by a "Big Five" nationally recognized accounting firm, that any payment in the nature of compensation to, or for the benefit of, Executive from the Company (or any successor in interest) constitutes an "excess parachute payment" under section 280G of the Internal Revenue Code, whether paid pursuant to this Agreement or any other agreement, and including property transfers pursuant to stock options securities and other employee benefits that vest upon a change in the ownership of effective control of the Company (collectively, the "Excess Parachute Payments") the Company shall pay to Executive, on demand, a cash sum sufficient (on a grossed-grossed- up basis) to indemnify Executive and hold him harmless from the following (the "Tax Indemnity Payment"):

Excise Tax Indemnification. If the Internal Revenue Service asserts, or if Executive or the Company is advised in writing by a "Big Five" nationally recognized accounting firm, that any payment in the nature of compensation to, or for the benefit of, Executive from the Company (or any successor in interest) constitutes an "excess parachute payment" under section 280G of the Internal Revenue Code, whether paid pursuant to this Agreement or any other agreement, and including property transfers pursuant to stock options securities and other employee benefits that vest upon a change in the ownership of effective control of the Company (collectively, the "Excess Parachute Payments") the Company shall pay to Executive, on demand, a cash sum sufficient (on a grossed-up basis) to indemnify Executive and hold him harmless from the following (the "Tax Indemnity Payment"):

Excise Tax Indemnification. If the Internal Revenue Service asserts, or if Executive or the Company is advised in writing by a "Big Five" nationally recognized accounting firm, that any payment in the nature of compensation to, or for the benefit of, Executive from the Company (or any successor in interest) constitutes an "“excess parachute payment" ” under section 280G of the Internal Revenue Code, whether paid pursuant to this Agreement or any other agreement, and including property transfers pursuant to stock options securities and other employee benefits that vest upon a change in the ownership of effective control of the Company (collectively, the "“Excess Parachute Payments"”) the Company shall pay to Executive, on demand, a cash sum sufficient (on a grossed-grossed- up basis) to indemnify Executive and hold him harmless from the following (the "“Tax Indemnity Payment"”):