Common use of Limitation on Payments Clause in Contracts

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s severance benefits under this Agreement shall Section 4(a)(i) will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “"Excise Tax”"), then Employee’s 's benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee Covered Person (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 5, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employeethe Covered Person’s severance benefits under this Agreement Section 3(a)(i) shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s severance benefits under this Agreement shall be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code, ") and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s 's severance benefits under this Agreement Section 3(a)(i) shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986 as amended (the “Code, ”) and (ii) but for this Section 5, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s severance benefits under this Agreement Section 3(a)(i) shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Internal Revenue Code of 1986 as amended (the "Code, ") and (ii) but for this Section 5, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s 's severance benefits under this Agreement Section 3(a)(i) shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee Purchaser (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then EmployeePurchaser’s benefits under this Agreement shall be either

Limitation on Payments. In To the event extent that any of the severance payments and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, and (ii) as amended and, but for this Section 7, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s 's benefits under this Agreement Sections 6(b) and (c) above, as applicable, shall be payable either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s 's benefits under this Agreement shall be either

Limitation on Payments. In the event that the If any severance and payment or other benefits provided for in received or to be received by Employee under Section 5(c) of this Agreement or otherwise payable to any other of the Employee (i) Total Severance Benefits constitute “parachute payments” within the meaning of Section Code §280G of the Code, and (ii) would be subject to the excise tax imposed by Section Code §4999 of the Code (the “Excise Tax”), then Employee’s payments and benefits under Section 5(c) of this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (ia) constitute “parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code, ”) and (iib) but for this Section 6, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s severance benefits under this Agreement Section 5(a) shall be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 8.0, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s severance benefits under this Agreement shall the foregoing clause (i) will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “”Excise Tax”), then Employee’s benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code, ") and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s 's severance benefits under this Agreement subsection 4(a)(i) shall be payable either

Limitation on Payments. In the event that the severance payments and other benefits provided for in this Agreement or otherwise payable to the Employee (icollectively, the “Payments”) (x) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (iiy) but for this Section 7, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s benefits under this Agreement shall such Payments will be either:

Limitation on Payments. In the event that the severance and other any payment or benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 17.b, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s such payments or benefits under this Agreement shall will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 6, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then the Employee’s benefits under this Agreement hereunder shall be either

Limitation on Payments. In the event that the severance and other ---------------------- benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “"Excise Tax”"), then Employee’s 's benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) but for this Section 5, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s benefits under this Agreement shall Section 4 will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the CodeCode and, and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s severance benefits under this Agreement shall Section 2 (the “280G Amounts”) will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then EmployeeExecutive’s benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s benefits under this Agreement shall be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s benefits under this Agreement shall Section 3 will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s the severance and other benefits under provided for in this Agreement shall or otherwise payable to Employee will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, or any corresponding provisions of state or local tax laws, then the Employee’s severance benefits under this Agreement Section 3(a) shall be either:

Limitation on Payments. (a) In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code, ”) and (ii) but for this Section 7, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s severance and/or retention benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the CodeCode and, and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s severance benefits under this Agreement shall Section 2 will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement the Agreement, when aggregated with any other payments or otherwise payable to benefits received by the Employee Employee, would (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code ("the “Excise Tax”"), then the Employee’s 's benefits under this Agreement hereunder shall be either

Limitation on Payments. (a) In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code, ”) and (ii) but for this Section 8, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s severance benefits under this Agreement shall be either

Limitation on Payments. In To the event extent that any of the severance payments and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) as amended and, but for this Section 6, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s benefits under this Agreement Section 5(a) and (b) above, as applicable, shall be payable either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then the Employee’s benefits under this Agreement shall be either:

Limitation on Payments. In the event that the option acceleration, severance and or other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “"Excise Tax”"), then Employee’s 's benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code, ") and (ii) but for this Section 6, would be subject to the excise tax imposed by Section 4999 of the Code (the “"Excise Tax”"), then Employee’s 's benefits under this Agreement hereunder shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 5, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then the Employee’s benefits under this Agreement hereunder shall be either

Limitation on Payments. In the event that any of the severance and other payments or benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) but for this Section IV.E, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s payments or benefits under this Agreement shall or otherwise will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “"Excise Tax”"), then the Employee’s 's benefits under this Agreement shall be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s payments and benefits under this Agreement shall or any other plan or agreement to which Employee is a party (“Payments”) will be either:

Limitation on Payments. In the event that the severance payments, consideration, compensation and other benefits provided for in this Agreement or otherwise payable together with the payments, consideration, compensation and benefits under all other plans, arrangements and agreements applicable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 14, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s payments, consideration, compensation and benefits under this Agreement shall will be either:

Limitation on Payments. In the event that the severance and other benefits provided for ---------------------- in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “"Excise Tax”"), then the Employee’s 's benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other any payment or benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 16.b, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s such payments or benefits under this Agreement shall will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G 280 of the Code, Code and (ii) would but for this section 5, would-be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then the Employee’s benefits under this Agreement hereunder shall be either

Limitation on Payments. In the event that the severance payments and other benefits provided for in this Agreement or otherwise payable to the Employee (icollectively, the “Payments”) (x) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (iiy) but for this Section 8, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s benefits under this Agreement shall such Payments will be either:

Limitation on Payments. (a) In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the "Code, ") and (ii) but for this Section 8, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s severance benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “"Excise Tax”"), then Employee’s 's benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code, ”) and (ii) but for this Section, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s severance benefits under this Agreement Sections 2(a) and 2(b) shall be payable either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) but for this Section 5, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s benefits under this Agreement shall Section 3 will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute ‘“parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 5. would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then the Employee’s benefits under this Agreement hereunder shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the CodeCode or any similar successor provision of Section 280G, and (ii) but for this Section would be subject to the excise tax imposed by Section 4999 of the Code or any similar successor provision of Section 4999 (the “Excise Tax”), then Employee’s benefits under this Agreement shall will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee Purchaser (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then EmployeePurchaser’s benefits under this Agreement shall be eithereither A. delivered in full, or

Limitation on Payments. In the event that the option acceleration, severance and or other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, Code and (ii) but for this Section 4, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then the Employee’s 's severance benefits under this Agreement shall be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “"parachute payments” " within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “"Excise Tax”"), then Employee’s 's benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) but for this Section 5 would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s benefits under this Agreement shall Section 4 will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 5, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s severance benefits under this Agreement shall Section 3 will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, and (ii) would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s benefits under this Agreement shall be either

Limitation on Payments. In the event that the severance and other any payment or benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Code, Code and (ii) but for this Section 15.b, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”)Code, then Employee’s such payments or benefits under this Agreement shall will be either:

Limitation on Payments. In the event that the severance and other benefits provided for in this Agreement or otherwise payable to the Employee (i) constitute “parachute payments” within the meaning of Section 280G of the Internal Revenue Code of 1986, as amended (the “Code, ”) and (ii) but for this Section 6, would be subject to the excise tax imposed by Section 4999 of the Code (the “Excise Tax”), then Employee’s benefits under this Agreement hereunder shall be either