Common use of Gross-up for Certain Taxes Clause in Contracts

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of Railway’s independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“Certificate”) delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, or KCS pursuant to this Agreement or otherwise (collectively, the “Payments”) is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “Excise Taxes”), then Railway shall, immediately after such determination, pay the Executive an amount (the “Gross-up Payment”) equal to the product of:

Gross-up for Certain Taxes. If it is determined (by the reasonable -------------------------- computation of Railway’s 's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“"Certificate”") delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, Railway or KCS KCSI pursuant to this Agreement or otherwise (collectively, the “"Payments”") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “"Excise Taxes”"), then Railway shall, immediately after such determination, pay the Executive an amount (the “"Gross-up Payment”") equal to the product of:

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of RailwayKCSI’s independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“Certificate”) delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, KCSI or KCS Railway pursuant to this Agreement or otherwise (collectively, the “Payments”) is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “Excise Taxes”), then Railway KCSI shall, immediately after such determination, pay the Executive an amount (the “Gross-up Payment”) equal to the product of:

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of Railway’s 's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“"Certificate”") delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, KCSL or KCS KCSI pursuant to this Agreement or otherwise (collectively, the “"Payments”") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “"Excise Taxes”"), then Railway shall, immediately after such determination, pay the Executive an amount (the “"Gross-up Payment”") equal to the product of:

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of RailwayKCS’s independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“Certificate”) delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, or KCS pursuant to this Agreement or otherwise (collectively, the “Payments”) is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “Excise Taxes”), then Railway KCS shall, immediately after such determination, pay the Executive an amount (the “Gross-up Payment”) equal to the product of:

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of Railway’s 's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“"Certificate”") delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, KCSL or KCS KCSI pursuant to this Agreement or otherwise (collectively, the “"Payments”") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “Exhibit 10.16 "Excise Taxes”"), then Railway shall, immediately after such determination, pay the Executive an amount (the “"Gross-up Payment”") equal to the product of:

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of Railway’s independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“Certificate”) delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, KCSL or KCS KCSI pursuant to this Agreement or otherwise (collectively, the “Payments”) is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “Excise Taxes”), then Railway shall, immediately after such determination, pay the Executive an amount (the “Gross-up Payment”) equal to the product of:

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of Railway’s 's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“"Certificate”") delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, Railway or KCS KCSI pursuant to this Agreement or otherwise (collectively, the “"Payments”") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “"Excise Taxes”"), then Railway shall, immediately after such determination, pay the Executive an amount (the “"Gross-up Payment”") equal to the product of:

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of Railway’s 's independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“"Certificate”") delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, Railway or KCS pursuant to this Agreement or otherwise (collectively, the “"Payments”") is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “"Excise Taxes”"), then Railway shall, immediately after such determination, pay the Executive an amount (the “"Gross-up Payment”") equal to the product of:

Gross-up for Certain Taxes. If it is determined (by the reasonable computation of Railway’s independent auditors, which determinations shall be certified to by such auditors and set forth in a written certificate (“Certificate”) delivered to the Executive) that any benefit received or deemed received by the Executive from Railway, Railway or KCS pursuant to this Agreement or otherwise (collectively, the “Payments”) is or will become subject to any excise tax under Section 4999 of the Code or any similar tax payable under any United States federal, state, local or other law (such excise tax and all such similar taxes collectively, “Excise Taxes”), then Railway shall, immediately after such determination, pay the Executive an amount (the “Gross-up Payment”) equal to the product of: