Common use of Limitation or Additional Payment Clause in Contracts

Limitation or Additional Payment. In the event that any portion of the payments and benefits provided to Executive under this Agreement (without regard to any amount payable under this Section 7.1) and any other payments and benefits under any other agreement with or plan of the Company (in the aggregate, "Total Payments") would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code (the "Excise Tax"), then Section 7.1.1 or Section 7.1.2 below shall apply:

Limitation or Additional Payment. In the event that any portion of the payments and benefits provided to Executive under this Agreement (without regard to any amount payable under this Section 7.1) and any other payments and benefits under any other agreement with or plan of the Company (in the aggregate, "“Total Payments"”) would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code (the "“Excise Tax"”), then Section 7.1.1 sub-section (a)(i) or Section 7.1.2 (a)(ii) below shall apply:

Limitation or Additional Payment. In the event that any portion of the payments and benefits provided to Executive under this Agreement (without regard to any amount payable under this Section 7.19(c)) and any other payments and benefits under any other agreement with or plan of the Company (in the aggregate, "“Total Payments"”) would be subject to the excise tax imposed by Section 4999 of the Internal Revenue Code (the "“Excise Tax"”), then Section 7.1.1 (A) or Section 7.1.2 (B) below shall apply: