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This excerpt taken from the RSTO 10-K filed Apr 12, 2006. provided, that
no Excess Payment will be repaid by Executive to the Company unless, and only to
the extent that, the repayment would either reduce the amount on which
Executive is subject to tax under Code Section 4999 or generate a refund
of tax imposed under Code Section 4999.
(b) In the event that it is determined (i) by the Accounting Firm, the Company (which shall include the position taken by the Company, or together with its consolidated group, on its federal income tax return) or the IRS, (ii) pursuant to a determination by a court, or (iii) upon the resolution to your satisfaction of the Dispute, that an Underpayment has occurred, the Company shall pay an amount equal to the Underpayment to you within ten (10) days after such determination or resolution, together with interest on such amount at the applicable federal rate under Code Section 7872(f)(2) from the date such amount would have been paid to you until the date of payment. B-3 |
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