Adjustments in Respect of the Payment Cap. If the Employee receives reduced payments and benefits under this Section 9(e) (or this Section 9(e) is determined not to be applicable to the Employee because the Accountants conclude that Employee is not subject to any Excise Tax) and it is established pursuant to a final determination of a court or an Internal Revenue Service proceeding (a "Final Determination") that, notwithstanding the good faith of the Employee and the Employer in
Appears in 2 contracts
Sources: Executive Employment Agreement (American Coin Merchandising Inc), Executive Employment Agreement (American Coin Merchandising Inc)