Common use of Final Determination Clause in Contracts

Final Determination. Final Determination" means an audit adjustment by ------------------- the Internal Revenue Service that is either (i) agreed to by both Executive (or his estate) and the Company (such agreement by the Company to be not unreasonably withheld) or (ii) sustained by a court of competent jurisdiction in a decision with which Executive and the Company concur (such concurrence by the Company to be not unreasonably withheld) or with respect to which the period within which an appeal may be filed has lapsed without a notice of appeal being filed.

Appears in 4 contracts

Samples: Employment Agreement (Northpoint Communications Group Inc), Employment Agreement (Northpoint Communications Group Inc), Employment Agreement (Northpoint Communications Group Inc)

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Final Determination. Final Determination" means an audit adjustment by ------------------- the Internal Revenue Service that is either (i) agreed to by both Executive (or his her estate) and the Company (such agreement by the Company to be not unreasonably withheld) or (ii) sustained by a court of competent jurisdiction in a decision with which Executive and the Company concur (such concurrence by the Company to be not unreasonably withheld) or with respect to which the period within which an appeal may be filed has lapsed without a notice of appeal being filed.

Appears in 2 contracts

Samples: Employment Agreement (Northpoint Communications Group Inc), Employment Agreement (Northpoint Communications Group Inc)

Final Determination. Final Determination" means an audit adjustment ------------------- by ------------------- the Internal Revenue Service that is either (i) agreed to by both Executive (or his her estate) and the Company (such agreement by the Company to be not unreasonably withheld) or (ii) sustained by a court of competent jurisdiction in a decision with which Executive and the Company concur (such concurrence by the Company to be not unreasonably withheld) or with respect to which the period within which an appeal may be filed has lapsed without a notice of appeal being filed.

Appears in 1 contract

Samples: Employment Agreement (Northpoint Communications Group Inc)

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Final Determination. Final Determination" means an audit ------------------- adjustment by ------------------- the Internal Revenue Service that is either (i) agreed to by both Executive (or his estate) and the Company (such agreement by the Company to be not unreasonably withheld) or (ii) sustained by a court of competent jurisdiction in a decision with which Executive and the Company concur (such concurrence by the Company to be not unreasonably withheld) or with respect to which the period within which an appeal may be filed has lapsed without a notice of appeal being filed.

Appears in 1 contract

Samples: Employment Agreement (Northpoint Communications Group Inc)

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