Employment Agreement Cfo

6.10. § 409A of the Code. It is intended that the provisions of this Agreement comply with Section 409A of the Code and that all provisions of this Agreement shall be interpreted and construed in accordance with the tax or penalty prevention requirements of Section 409A of the Code. Unless permitted by Section 409A of the Code, deferred compensation (as defined in Section 409A of the Code) payable to or benefits under a business plan may not be reduced or deducted from an amount you owe to the business. Unless expressly provided for in Section 409A of the Code, benefits and refunds granted to you under this Agreement and a business plan in one calendar year do not affect the benefits and reimbursements to be provided to you in another calendar year in accordance with the relevant section of this Agreement or the Business Plan, and the right to these benefits and refunds cannot be liquidated or against a) The most advantageous benefits are exchanged and is in accordance with Treas. Reg. Section 1.409A-3(i)(1)(iv) or any successor of that country. In addition, such payments must be made in the event of reimbursement on or before the last day of the calendar year following the calendar year in which the underlying charges, charges or expenses are incurred. Notwithstanding the foregoing, the Company makes no warranty as to the tax consequences of your participation in this Agreement, in accordance with Section 409A of the Code or other federal, state or local tax laws. Their tax consequences depend in part on the application of the relevant tax legislation, including Article 409A of the Code, to the relevant facts and circumstances. You should consult a competent and independent tax advisor on the tax consequences of this agreement. (iv) You terminate the employment relationship only if you send the company a written notice of a good reason within a period not exceeding 90 days from the first existence of the condition that is supposed to justify a good reason, (B) the company does not terminate the condition within thirty days of such notification and (C) your termination occurs within six months of the existence the initial of the condition.

It is said that common sense is needed. 6.7. Applicable law. This Agreement shall be construed in accordance with the laws of the State of New York (both in terms of validity and performance) and is subject to such laws of the State of New York, which apply to agreements entered into and to be provided entirely in the State of New York, without choice or conflict of laws rule (whether in the State of New York or any other jurisdiction); the application of the laws of a jurisdiction other than the State of New York. . . .

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