[Section 409A]. To the extent that any reimbursements under this Agreement are subject to the provisions of Section 409A of the Code, any such reimbursements payable to you shall be paid to you no later than December 31 of the year following the year in which the expense was incurred, the amount of expenses reimbursed in one year shall not affect the amount eligible for reimbursement in any subsequent year, and your right to reimbursement under this Agreement will not be subject to liquidation or exchange for another benefit.
Section . The payments and benefits under the Agreement are intended to qualify for an exemption from, or to comply with, Section 409A of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder ([Section 409A]. To) and the extent thatterms of the Agreement will be interpreted accordingly. For the avoidance of doubt, if any reimbursements under this Agreementpayable to you are subject to the provisions of Code Section 409A of409A: (a) to be eligible to obtain reimbursement for such expenses you must submit expense reports within 30 days after the Code,expense is incurred, (b) any such reimbursements payable to you shallwill be paid to you no later than December 31 of the year following the year in which the expense was incurred, (c) the amount of expenses reimbursed in one year shallwill not affect the amount eligible for reimbursement in any subsequent year, and your(d) the right to reimbursement under this Agreement will not be subject to liquidation or exchange for another benefit.
[Section 409A]. To the extent that anyAny reimbursements for costs and expenses under this Agreement are subject to the provisions of Section 409A of the Code, any such reimbursements payable to you shall be paid to youin no event later than December 31the end of the calendar year following the calendar year in which the expense was incurred, the amount of expenses reimbursed in one year shall not affect the amount eligibleyou incur such expense. With regard to any provision herein that provides for reimbursement of costs and expenses or in any subsequent year, and yourkind benefits, except as permitted by [Section 409A], # the right to reimbursement under this Agreement willor in-kind benefits shall not be subject to liquidation or exchange for another benefit.benefit, and # the amount of expenses eligible for reimbursements or in-kind benefits provided during any taxable year shall not affect the expenses eligible for reimbursement or in-kind benefits to be provided in any other taxable year.
[Section 409A]. ToAll reimbursements and in kind benefits provided under this Agreement, to the extent that any reimbursements under this Agreement are subject to the provisionsrequirements of SectionCode section 409A, shall be made or provided in accordance with the requirements of section 409A of the Code, including, where applicable, the requirement that # any such reimbursements payable to youreimbursement shall be paidfor expenses incurred during ’s lifetime (or during a shorter period of time specified in this Agreement), # the amount of expenses eligible for reimbursement, or in kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in kind benefits to you no later than December 31be provided, in any other calendar year, # the reimbursement of an eligible expense shall be made on or before the last day of the calendar year following the year in which the expense wasis incurred, the amount of expenses reimbursed in one year shall not affect the amount eligible for reimbursement in any subsequent year, and your# the right to reimbursement under this Agreement willor in kind benefits is not be subject to liquidation or exchange for another benefit. ’s right to a series of benefits or payments under the Agreement shall be treated as a right to a series of separate payments.
[Section 409A]. To the extent that anyAll reimbursements and in-kind benefits provided under this Agreement are subject toshall be made or provided in accordance with the provisionsrequirements of Section 409A of the Code, including, where applicable, the requirement that # any such reimbursements payable to youreimbursement shall be paidfor expenses incurred during the Executive’s lifetime (or during a shorter period of time specified in this Agreement), # the amount of expenses eligible for reimbursement, or in kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in kind benefits to you no later than December 31be provided, in any other calendar year, # the reimbursement of an eligible expense shall be made on or before the last day of the calendar year following the year in which the expense was incurred,is incurred and # the amount of expenses reimbursed in one year shall not affect the amount eligible for reimbursement in any subsequent year, and your right to reimbursement under this Agreement willor in kind benefits is not be subject to liquidation or exchange for another benefit.
[Section 409A]. ToNotwithstanding anything to the extent that anycontrary in this Agreement, all reimbursements and in-kind benefits provided under this Agreement that are subject to Section 409A of the provisionsCode shall be made in accordance with the requirements of Section 409A of the Code, including, where applicable, the requirement that # any such reimbursements payablereimbursement is for expenses incurred during the Employee’s lifetime (or during a shorter period of time specified in this Agreement); # the amount of expenses eligible for reimbursement, or in-kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in-kind benefits to you shall be paid to youprovided, in any other calendar year; # the reimbursement of an eligible expense will be made no later than December 31the last day of the calendar year following the year in which the expense was incurred,is incurred; and # the amount of expenses reimbursed in one year shall not affect the amount eligible for reimbursement in any subsequent year, and your right to reimbursement under this Agreement willor in-kind benefits is not be subject to liquidation or exchange for another benefit.
[Section 409A]. To the extent that anyAll reimbursements under this Agreement are subjectof expenses, if any, payable to you pursuant to the provisions of Section 409A of the Code, any such reimbursements payablethis Agreement, that are taxable income to you shall be paid to youin no event later than December 31the end of the calendar year following the calendar year in which you incur the expense was incurred, the amountexpense. With regard to any provision herein that provides for reimbursement of expenses reimbursedor “in-kind benefits” (as defined in one year shall not affectTreasury Regulation Section 1.409A-1(p) (or any successor provision)), except as permitted by [Section 409A], # the amount eligible for reimbursement in any subsequent year, and your right to reimbursement under this Agreement willor in-kind benefits shall not be subject to liquidation or exchange for another benefit.benefit, # the amount of expenses eligible for reimbursement or of in-kind benefits provided during any taxable year shall not affect the expenses eligible for reimbursement or the in-kind benefits to be provided in any other taxable year.
[Section 409A]. To the extent that anyAll reimbursements and in-kind benefits provided under this Agreement are subject toshall be made or provided in accordance with the provisionsrequirements of Sectionsection 409A of the Code, including, where applicable, the requirement that # any such reimbursements payable to youreimbursement shall be paidfor expenses incurred during ’s lifetime (or during a shorter period of time specified in this Agreement), # the amount of expenses eligible for reimbursement, or in kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in kind benefits to you no later than December 31be provided, in any other calendar year, # the reimbursement of an eligible expense shall be made on or before the last day of the calendar year following the year in which the expense was incurred,is incurred and # the amount of expenses reimbursed in one year shall not affect the amount eligible for reimbursement in any subsequent year, and your right to reimbursement under this Agreement willor in kind benefits is not be subject to liquidation or exchange for another benefit.
[Section 409A]. To the extent that any payments or reimbursements provided to Employee under this Agreement are subjectdeemed to the provisions ofconstitute compensation to Employee to which Treasury Regulation Section 409A of the Code, any1.409A-3(i)(1)(iv) would apply, such reimbursements payable to youamounts shall be paid to you noor reimbursed reasonably promptly, but not later than December 31 of the year75th day following the fiscal year in which the expense was incurred, theincurred. The amount of expenses reimbursedany such payments eligible for reimbursement in one year shall not affect the amountpayments or expenses that are eligible for payment or reimbursement in any subsequentother taxable year, and yourEmployee’s right to such payments or reimbursement under this Agreement willof any such expenses shall not be subject to liquidation or exchange for anotherany other benefit. No offset by the Company shall be permitted against amounts that constitute deferred compensation subject to Code Section 409A.
[Section 409A]. To the extent that anyAny reimbursements or in-kind benefits provided under this AgreementPlan that are subject to the provisions ofCode Section 409A of the Code, any such reimbursements payable to you shall be paidmade or provided in accordance with the requirements of Code Section 409A, including, where applicable, the requirement that # any reimbursement is for expenses incurred during the period of time specified in the Plan, # the amount of expenses eligible for reimbursement, or in-kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement, or in-kind benefits to yoube provided, in any other calendar year, # the reimbursement of an eligible expense will be made no later than December 31the last day of the calendar year following the year in which the expense wasis incurred, the amount of expenses reimbursed in one year shall not affect the amount eligible for reimbursement in any subsequent year, and your# the right to reimbursement under this Agreement willor in-kind benefits is not be subject to liquidation or exchange for another benefit.
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