Saks Fifth Avenue 2010 Annual Report Download - page 98
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for reimbursement, or in-kind benefits provided, during a calendar year may not affect the expenses eligible for reimbursement,
or in-kind benefits to be provided, in any other calendar year, except, if such benefits consist of the reimbursement of expenses
referred to in Section 105(b) of the Code, a maximum, if provided under the terms of the plan providing such medical benefit,
may be imposed on the amount of such reimbursements over some or all of the period in which such benefit is to be provided to
the Executive as described in Treasury Regulation Section 1.409A-3(i)(1)(iv)(B); (c) the reimbursement of an eligible expense
will be made no later than the last day of the calendar year following the year in which the expense is incurred, provided that the
Executive shall have submitted an invoice for such fees and expenses at least ten (10) days before the end of the calendar year
next following the calendar year in which such fees and expenses were incurred; and (d) the right to reimbursement or in-kind
benefits is not subject to liquidation or exchange for another benefit.
Notwithstanding anything to the contrary in this Agreement, payment of any amounts, including, but not limited to, salary and
bonuses, will be subject to, and payable in accordance with, any prior deferral elections made with respect to such amounts
under the Company’s Deferred Compensation Plan (as amended and restated effective January 1, 2009).”
[signature page follows]
4
7. Exce
p
t as ex
p
ressl
y
modified herein, all other terms of the Em
p
lo
y
ment A
g
reement shall remain in full force and effect.