Code Section 409A Savings Clause. It is the intention of the Company that amounts paid under this Agreement shall not constitute “deferred compensation” subject to Section 409A of the Code, unless and to the extent that the Company specifically determines otherwise. In the event the Company determines that this Agreement or any section hereof is subject to Code Section 409A, the Company may amend this Agreement in a manner that complies with Code Section 409A as determined in the Company’s sole discretion.
Appears in 3 contracts
Sources: Employment Agreement (America First Apartment Investors Inc), Employment Agreement (America First Apartment Investors Inc), Employment Agreement (America First Apartment Investors Inc)