Common use of Section 409A Compliance Clause in Contracts

Section 409A Compliance. The parties intend for this Agreement either to satisfy the requirements of Section 409A or to be exempt from the application of Section 409A, and this Agreement shall be construed and interpreted accordingly. If this Agreement either fails to satisfy the requirements of Section 409A or is not exempt from the application of Section 409A, then the parties hereby agree to amend or to clarify this Agreement in a timely manner so that this Agreement either satisfies the requirements of Section 409A or is exempt from the application of Section 409A.

Section 409A Compliance. (a) The parties intend for agree that this Agreement either is intended to satisfy comply with the requirements of Section 409A or to be exempt from of the application of Code and the regulations and guidance promulgated thereunder (“Section 409A”) or an exemption from Section 409A. The Company shall undertake to administer, interpret, and construe this Agreement in a manner that does not result in the imposition on Executive of any additional tax, penalty, or interest under Section 409A. Each payment under this Agreement shall be construed and interpreted accordingly. If this Agreement either fails to satisfy the requirements of Section 409A or is not exempt from the application of Section 409A, then the parties hereby agree to amend or to clarify this Agreement in treated as a timely manner so that this Agreement either satisfies the requirements of Section 409A or is exempt from the application separate payment for purposes of Section 409A.

Section 409A Compliance. (a) The parties intend for agree that this Agreement either is intended to satisfy comply with the requirements of Section 409A or to be exempt from of the application of Code and the regulations and guidance promulgated thereunder (“Section 409A”) or an exemption from Section 409A. The Company shall undertake to administer, interpret, and this Agreement shall be construed and interpreted accordingly. If this Agreement either fails to satisfy the requirements of Section 409A or is not exempt from the application of Section 409A, then the parties hereby agree to amend or to clarify construe this Agreement in a timely manner so that this Agreement either satisfies does not result in the requirements imposition on Executive of Section 409A any additional tax, penalty, or is exempt from the application of interest under Section 409A.

Section 409A Compliance. The parties intend for It is the parties’ intention that the various applicable provisions of this Agreement either to are exempt from Section 409A of the Code or satisfy the requirements of Section 409A or to be exempt from of the application of Section 409A, and Code. The parties agree that this Agreement shall be construed and interpreted accordingly. If this Agreement either fails to satisfy the requirements of Section 409A or is not exempt from the application of Section 409A, then the parties hereby agree to amend or to clarify this Agreement in a timely manner so that this Agreement either satisfies the requirements of Section 409A or is exempt from the application of Section 409A..

Section 409A Compliance. The parties intend for this Agreement either to satisfy the requirements of Section 409A or to be exempt from the application of Section 409A, and this Agreement shall be construed and interpreted accordingly. If this Agreement either fails to satisfy the requirements of Section 409A or is not exempt from the application of Section 409A, then the parties hereby agree to amend or to clarify this Agreement in a timely manner so that this Agreement either satisfies the requirements of Section 409A or is exempt from the application of Section 409A.409A. Executive Employement Agreement – X. Xxxx April 14, 2008

Section 409A Compliance. The parties intend for To the extent applicable, it is intended that this Agreement either to satisfy comply with the requirements provisions of Section section 409A or to be exempt from of the application of Section 409A, and this Code. The Agreement shall be construed and interpreted accordingly. If administered in a manner consistent with this intent, and, if either party determines that any provision would cause the Agreement either fails to fail to satisfy section 409A of the requirements of Section 409A or is not exempt from the application of Section 409ACode, then the parties hereby agree shall cooperate in preparing an amendment to amend or comply with section 409A of the Code (which amendment may be retroactive to clarify this Agreement in a timely manner so that this Agreement either satisfies the requirements extent permitted under section 409A of Section 409A or is exempt from the application of Section 409A.Code).”

Section 409A Compliance. The parties intend for this Agreement either to satisfy the requirements of Section 409A or to be exempt from the application of Section 409A, and this Agreement shall be construed and interpreted accordingly. If this Agreement either fails to satisfy the requirements of Section 409A or is not exempt from the application of Section 409A and fails to satisfy the requirements of Section 409A, then the ​ ​ parties hereby agree to amend or to clarify this Agreement in a timely manner so that this Agreement either satisfies the requirements of Section 409A or is exempt from the application of Section 409A.

Section 409A Compliance. The parties intend for this Agreement either to satisfy the requirements of Section 409A or to be exempt from the application of Section 409A, and this Agreement shall be construed and interpreted accordingly. If Company or Employee reasonably determines that any provision of this Agreement either fails to satisfy the requirements of Section 409A or is not exempt from the application of Section 409A, then the parties hereby agree to amend or to clarify this Agreement in a timely manner so that this Agreement either satisfies the requirements of Section 409A or is exempt from the application of Section 409A.

Section 409A Compliance. The parties intend for this Agreement either to satisfy the requirements of Section 409A or to be exempt from the application of Section 409A, and this Agreement shall be construed and interpreted accordingly. If this Agreement either fails to satisfy the requirements of Section 409A or is not exempt from the application of Section 409A and fails to satisfy the requirements of Section 409A, then the parties hereby agree to amend or to clarify this Agreement in a timely manner so that this Agreement either satisfies the requirements of Section 409A or is exempt from the application of Section 409A.

Section 409A Compliance. The parties intend for this Agreement either to satisfy the requirements of Section 409A or to be exempt from the application of Section 409A, and this Agreement shall be construed and interpreted accordingly. If this Agreement either fails to satisfy the requirements of Section 409A or is not exempt from the application of Section 409A, then the parties hereby agree to amend or to clarify this Agreement in a timely manner so that this Agreement either satisfies the requirements of Section 409A or is exempt from the application of Section 409A.409A. Executive Employment Agreement – X. Xxxxxx April 14, 2008