Determination of Excise Tax. For purposes of determining whether any of the Payments will be subject to the Excise Tax and the amount of such Excise Tax: (i) Any payments or benefits received or to be received by Executive in connection with transactions contemplated by a Change of Control (as defined below) event or Executive's termination of employment (whether pursuant to the terms of this Agreement or any other plan, arrangement or agreement with Company), shall be treated as
Appears in 2 contracts
Sources: Executive Employment Agreement (Jda Software Group Inc), Executive Employment Agreement (Jda Software Group Inc)