Windfalls. A windfall is an unusual situation resulting in a change of volume of sales from that anticipated by management in setting objectives and incentives. Management will review all incentive results that are more than 200% of objective prior to payment. Management may approve or adjust the payment based on the circumstances of reaching more than 200% of objective. The adjustment would in no way result in payment of less than 100% of objective. Management reserves the right to adjust any portion of the Plan to bring the compensation in line with what it determines to be reasonable objective attainment.
Windfalls. (a) Parent shall promptly pay to TLC the amount of any incremental Tax savings generated by (i) a deduction, credit or exclusion that (A) is actually realized by the Parent Group with respect to Pre-Distribution Taxes and (B) relates to or is based on an item that is the basis for a similar deduction, credit or exclusion taken on a Return with respect to Post-Distribution Taxes of the TLC Group that is denied, disallowed, forfeited, or accelerated until prior to the Distribution Date or (ii) a reduction in the amount of any gross income or revenue that (A) is actually realized by the Parent Group with respect to Pre-Distribution Taxes and (B) relates to, or is based on, a similar item of gross income or revenue that the TLC Group is required to include on a Return or otherwise required to include in its computation of taxable income as a result of an audit, other administrative proceeding or otherwise. Parent shall use reasonable best efforts to realize any such incremental tax savings that may potentially be available.
Windfalls. AOL will not be obligated to provide in excess of the Annual Minimum for the applicable Year. If AOL exceeds an Annual Minimum by more than * * * in the applicable Year (e.g., by more than * * * Impressions in Year 1), the excess Impressions above such Annual Minimum (the "Excess") will serve to reduce the subsequent Year's Annual Minimum by an amount equal to the Excess, subject to an aggregate reduction of no greater than * * * of the prior Year's Annual Minimum.
Windfalls. Parent shall promptly pay to TLC the amount of any incremental Tax savings generated by (i) a deduction, credit or exclusion that (A) is actually realized by the Parent Group with respect to Pre-Distribution Taxes and (B) relates to or is based on an item that is the basis for a similar deduction, credit or exclusion taken on a Return with respect to Post-Distribution Taxes of the TLC Group that is denied, disallowed, forfeited, or accelerated until prior to the Distribution Date or (ii) a reduction in the amount of any gross income or revenue that (A) is actually realized by the Parent Group with respect to Pre-Distribution Taxes and (B) relates to, or is based on, a similar item of gross income or revenue that the TLC Group is required to include on a Return or otherwise required to include in its computation of taxable income as a result of an audit, other administrative proceeding or otherwise. Parent shall use reasonable best efforts to realize any such incremental tax savings that may potentially be available. TLC shall promptly pay to Parent the amount of any incremental Tax savings generated by (i) a deduction, credit or exclusion that (A) is actually realized by the TLC Group with respect to its Post-Distribution Taxes and (B) relates to or is based on an item that is the basis for a similar deduction, credit or exclusion taken on a Return with respect to Pre-Distribution Taxes that is denied, disallowed, forfeited, or deferred until after the Distribution Date or (ii) a reduction in the amount of any gross income or revenue that (A) is actually realized by the TLC Group with respect to Post-Distribution Taxes and (B) relates to, or is based on, a similar item of gross income or revenue that the Parent Group is required to 5 include on a Return or otherwise required to include in its computation of taxable income as a result of an audit, other administrative proceeding or otherwise. TLC shall use reasonable best efforts to realize any such incremental tax savings that may potentially be available.
Windfalls. A Windfall shall mean any significant gain to one of the parties of this agreement that is not attributable to the work products outlined in a Product Development and Distribution Agreement and performed by that party over time, which is disproportionately large relative to time and resources invested by that party. Unless otherwise defined by agreement, the parties agree to confer in good faith with respect to any potential Windfall situation and to agree on appropriate compensation short of that described further herein had Collaborative assisted in full product development, manufacturing and distribution services as defined herein.
Windfalls. In the event of an acquisition of Sabre during the term of this Agreement, if any, that would dramatically increase the amounts of business set forth in Appendix “A”, those amounts will be disregarded for purposes of calculating commissions due pursuant to this Agreement.
Windfalls. Limb windfalls lying within or across the brushing limits, cut off at the top of the existing cut slope or 5 feet from the shoulder on the fill slope. Dispose of windfall material as slash. 230.04 Road Junctions. Do not deposit brushing debris on the roadway of adjoining roads.
