Certain Assumptions. For purposes of this Section 13, the Employee shall be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Excise Tax is payable and state and local income taxes at the highest marginal rate of taxation in the state and locality of the Employee's residence on the effective date of the Employee's termination, net of the reduction in federal income taxes which could be obtained from deduction of such state and local taxes. Except as otherwise provided herein, all determinations required to be made under this Section 13 shall be made by Tax Counsel, which determinations shall be conclusive and binding on the Employee and Company, absent manifest error.
Appears in 2 contracts
Sources: Employment Agreement (First South Bancorp Inc /Va/), Employment Agreement (Cooperative Bankshares Inc)
Certain Assumptions. For purposes of this Section 1312, the Employee shall be deemed to pay federal income taxes at the highest marginal rate of federal income taxation in the calendar year in which the Excise Tax is payable and state and local income taxes at the highest marginal rate of taxation in the state and locality of the Employee's residence on the effective date of the Employee's termination, net of the reduction in federal income taxes which could be obtained from deduction of such state and local taxes. Except as otherwise provided herein, all determinations required to be made under this Section 13 12 shall be made by Tax Counsel, which determinations shall be conclusive and binding on the Employee and Companythe Bank, absent manifest error.
Appears in 2 contracts
Sources: Employment Agreement (Central Bancorp Inc /Ma/), Employment Agreement (Central Bancorp Inc /Ma/)