Common use of Additional Details Regarding Flexible Spending Accounts Clause in Contracts

Additional Details Regarding Flexible Spending Accounts. Effective as of the Distribution Date, a Participating SSE Employer will establish under the SSE Welfare Plan a health care flexible spending account and/or dependent care flexible spending account (each a “SSE FSA”) for each SSE Welfare Plan Participant that has a health care flexible spending account and/or dependent care flexible spending account under the CHK Welfare Plan (each a “CHK FSA”) immediately prior to the Distribution Date. All activity under a SSE Welfare Plan Participant’s CHK FSA (that is, both contributions to and expenses paid from each account) for plan year 2014 through the Distribution Date shall be treated as activity under the corresponding SSE FSA, such that the SSE Welfare Plan Participant’s account balance in his SSE FSA on the Distribution Date will be equal to such participant’s CHK FSA balance immediately prior to the Distribution Date. A SSE Welfare Plan Participant’s CHK FSA salary reduction election will apply with respect to his SSE FSA for the portion of plan year 2014 beginning on the Distribution Date and ending on December 31, 2014 (the “Participation Period”). A SSE Welfare Plan Participant will continue to have access to his CHK FSA in accordance with its terms and conditions. Thus, the Parties agree that (i) all qualifying expenses incurred by a SSE Welfare Plan Participant during a Participation Period will be reimbursed under the SSE Welfare Plan Participant’s SSE FSA and (ii) all qualifying expenses incurred by the SSE Welfare Plan Participant for plan year 2014 prior to the Participation Period will be reimbursed under the SSE Welfare Plan Participant’s CHK FSA (in both cases in accordance with the applicable account’s terms and conditions and to the extent credits are available). Following the Distribution Date, with respect to the portion of plan year 2014 prior to the Participation Period, the Parties will determine and agree on the aggregate amount of SSE Welfare Plan Participants’ contributions to the CHK FSA (“Aggregate FSA Contribution Amount”) and the aggregate amount of SSE Welfare Plan Participants’ expenses incurred and reimbursed from the CHK FSA (“Aggregate FSA Expense Amount”). If the Aggregate FSA Expense Amount exceeds the Aggregate FSA Contribution Amount, SSE shall reimburse CHK for the total amount of the excess no later than 60 days after the Distribution Date; if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount, CHK shall reimburse SSE for the total amount of the excess no later than 60 days after the Distribution Date. (For the avoidance of doubt, if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount by $25,000, SSE will reimburse CHK $25,000 no later than 60 days after the Distribution Date.) After March 31, 2015, the Parties will determine and agree on the total amount of the reimbursements made to SSE Welfare Plan Participants from their CHK FSAs for qualifying expenses incurred prior to the Distribution Date and SSE will reimburse CHK for such amount as soon as reasonably practicable following March 31, 2015, but in no event later than April 30, 2015.

Appears in 2 contracts

Samples: Employee Matters Agreement (Seventy Seven Energy Inc.), Employee Matters Agreement (Chesapeake Oilfield Operating LLC)

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Additional Details Regarding Flexible Spending Accounts. Effective as of the Distribution DateFor any Crane NXT, a Participating SSE Employer will establish under the SSE Welfare Plan a health care flexible spending account and/or dependent care flexible spending account (each a “SSE FSA”) for each SSE Co. Welfare Plan Participant that who has an election to contribute to, and/or a balance under, a health care flexible spending account and/or dependent care flexible spending account under the CHK Crane Company Welfare Plan Plans (each a “CHK Crane Company FSA”) immediately prior to the Distribution Date. All activity , such election to contribute to, and/or balance under, as applicable, the Crane Company FSA shall automatically be transferred to the corresponding health care flexible spending account and/or dependent care flexible spending account under a SSE the Crane NXT, Co. Welfare Plan Participant’s CHK FSA (each, a “Crane NXT, Co. FSA”) as of the Effective Time. It is the intention of the Parties that isXxxxx NXT, both contributions to and expenses paid from each account) for plan year 2014 through the Distribution Date shall be treated as activity Co. Welfare Plan Participants’ balances under the applicable Crane Company FSA shall automatically transfer to the corresponding SSE FSACrane NXT, Co. FSA regardless of whether such that the SSE balances are negative or positive (i.e., regardless of whether such Crane NXT, Co. Welfare Plan Participant’s account balance Participants’ Crane Company FSAs are in his SSE a deficit or surplus), and that such Crane NXT, Co. Welfare Plan Participants’ payroll deductions to the applicable Crane Company FSA on the Distribution Date will be equal to such participant’s CHK FSA balance immediately prior to the Distribution DateDate shall automatically continue under the corresponding Crane NXT, Co. FSA after the Effective Time. A SSE Welfare Plan Participant’s CHK FSA salary reduction election will apply with respect to his SSE FSA Crane Company has assumed and is responsible for the portion funding of plan year 2014 beginning on the Distribution Date payment for any unpaid covered claim and ending on December 31eligible expense incurred by a Crane NXT, 2014 (the “Participation Period”). A SSE Co. Welfare Plan Participant will continue to have access to his CHK under a Crane Company FSA in accordance with its terms and conditions. Thus, the Parties agree that (i) all qualifying expenses incurred by a SSE Welfare Plan Participant during a Participation Period will be reimbursed under the SSE Welfare Plan Participant’s SSE FSA and (ii) all qualifying expenses incurred by the SSE Welfare Plan Participant for plan year 2014 prior to the Participation Period will be reimbursed under the SSE Welfare Plan Participant’s CHK FSA (in both cases in accordance with the applicable account’s terms and conditions and to the extent credits are available). Following on or before the Distribution Date, with respect to regardless of when such claim is submitted for reimbursement, and Xxxxx NXT, Co. has assumed and is responsible for the portion funding of plan year 2014 prior to the Participation Periodpayment for any unpaid covered claim and eligible expense incurred by a Crane NXT, the Parties will determine and agree on the aggregate amount of SSE Co. Welfare Plan Participants’ contributions to the CHK Participant under a Crane NXT, Co. FSA (“Aggregate FSA Contribution Amount”) and the aggregate amount of SSE Welfare Plan Participants’ expenses incurred and reimbursed from the CHK FSA (“Aggregate FSA Expense Amount”). If the Aggregate FSA Expense Amount exceeds the Aggregate FSA Contribution Amount, SSE shall reimburse CHK for the total amount of the excess no later than 60 days after the Distribution Date; if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount, CHK shall reimburse SSE for the total amount of the excess no later than 60 days after the Distribution Date. (For the avoidance of doubt, if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount by $25,000, SSE will reimburse CHK $25,000 no later than 60 days after the Distribution Date.) After March 31, 2015, the Parties will determine and agree on the total amount of the reimbursements made to SSE Welfare Plan Participants from their CHK FSAs for qualifying expenses incurred prior to the Distribution Date and SSE will reimburse CHK for such amount as soon as reasonably practicable following March 31, 2015, but in no event later than April 30, 2015.

Appears in 2 contracts

Samples: Employee Matters Agreement (Crane Co), Employee Matters Agreement (Crane NXT, Co.)

Additional Details Regarding Flexible Spending Accounts. Effective as of Pursuant to Section 9.1, at or prior to the Distribution Allegion Welfare Plan Implementation Date, a Participating SSE Employer Allegion shall, or shall cause another Allegion Entity to, establish and adopt Allegion Welfare Plans which will establish under the SSE provide health care flexible spending account or dependent care flexible spending account benefits to Allegion Welfare Plan Participants. To the extent any Allegion Welfare Plan provides or constitutes a health care flexible spending account and/or or dependent care flexible spending account (each a an SSE Allegion FSA”) for each SSE ), such Allegion Welfare Plan Participant that has a health care flexible spending account and/or dependent care flexible spending account under shall be effective as of the CHK relevant Allegion Welfare Plan (each a “CHK FSA”) immediately prior to the Distribution Implementation Date. All (i)It is the intention of the Parties that all activity under a SSE an Allegion Welfare Plan Participant’s CHK FSA (that is, both contributions to and expenses paid from each account) flexible spending account with IR for the plan year 2014 through in which the Distribution relevant Allegion Welfare Plan Implementation Date shall occurs be treated instead as activity under the corresponding SSE Allegion FSA. Accordingly, such that (i) any period of participation by an Allegion Welfare Plan Participant in an IR flexible spending account during the SSE plan year in which the relevant Allegion Welfare Plan Implementation Date occurs (the “FSA Participation Period”) will be deemed a period when the Allegion Welfare Plan Participant participated in the corresponding Allegion FSA; (ii) all expenses incurred during the FSA Participation Period will be deemed incurred while the Allegion Welfare Plan Participant’s account balance coverage was in his SSE FSA on effect under the Distribution Date will be equal to such participant’s CHK FSA balance immediately prior to the Distribution Date. A SSE Welfare Plan Participant’s CHK FSA salary reduction election will apply corresponding Allegion FSA; and (iii) all elections and reimbursements made with respect to his SSE an FSA for the portion of plan year 2014 beginning on the Distribution Date and ending on December 31, 2014 (the “Participation Period”). A SSE Welfare Plan Participant Period under an IR flexible spending account will continue be deemed to have access to his CHK FSA in accordance with its terms and conditions. Thus, the Parties agree that (i) all qualifying expenses incurred by a SSE Welfare Plan Participant during a Participation Period will be reimbursed under the SSE Welfare Plan Participant’s SSE FSA and (ii) all qualifying expenses incurred by the SSE Welfare Plan Participant for plan year 2014 prior to the Participation Period will be reimbursed under the SSE Welfare Plan Participant’s CHK FSA (in both cases in accordance with the applicable account’s terms and conditions and to the extent credits are available). Following the Distribution Date, been made with respect to the portion of plan year 2014 corresponding Allegion FSA. (ii)If the aggregate reimbursement payouts made to Allegion Welfare Plan Participants prior to the Participation Period, relevant Allegion Welfare Plan Implementation Date from the Parties will determine and agree on applicable IR Welfare Plan flexible spending accounts during the plan year in which the relevant Allegion Welfare Plan Implementation Date occurs are less than the aggregate amount of SSE Welfare Plan Participants’ accumulated contributions to the CHK FSA (“Aggregate FSA Contribution Amount”) and the aggregate amount of SSE Welfare Plan Participants’ expenses incurred and reimbursed from the CHK FSA (“Aggregate FSA Expense Amount”). If the Aggregate FSA Expense Amount exceeds the Aggregate FSA Contribution Amount, SSE shall reimburse CHK for the total amount of the excess no later than 60 days after the Distribution Date; if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount, CHK shall reimburse SSE for the total amount of the excess no later than 60 days after the Distribution Date. (For the avoidance of doubt, if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount such accounts made by $25,000, SSE will reimburse CHK $25,000 no later than 60 days after the Distribution Date.) After March 31, 2015, the Parties will determine and agree on the total amount of the reimbursements made to SSE such Allegion Welfare Plan Participants from their CHK FSAs for qualifying expenses incurred prior to the Distribution relevant Allegion Welfare Plan Implementation Date and SSE will reimburse CHK for such plan year, IR shall cause an amount equal to the amount by which such contributions are in excess of such reimbursement payouts to be transferred to Allegion (or an Allegion Entity designated by Allegion) by wire transfer of immediately available funds as soon as reasonably practicable following March 31, 2015practicable, but in no event later than April 3045 days, 2015.following the relevant Allegion Welfare Plan Implementation Date. (iii)If the aggregate reimbursement payouts made to Allegion Welfare Plan Participants prior to the relevant Allegion Welfare Plan Implementation Date from the applicable IR Welfare Plan flexible spending accounts during the plan year in which the relevant Allegion Welfare Plan Implementation Date occurs exceed the aggregate accumulated contributions to such accounts made by the Allegion Welfare Plan Participants prior to the relevant Allegion Welfare Plan Implementation Date for such plan year, Allegion shall cause an amount equal to the amount by which such reimbursement payouts are in excess of such contributions to be transferred to IR (or an IR Group Entity designated by IR) by wire transfer of immediately available funds as soon as practicable, but in no event later than 45 days, following the relevant Allegion Welfare Plan Implementation Date. (iv)Notwithstanding anything in this Section 9.3(b), at and after the relevant Allegion Welfare Plan Implementation Date, the Allegion Group shall assume, and cause the Allegion Welfare Plans to be solely responsible for, all claims by Allegion Welfare Plan Participants under the applicable IR Welfare Plan flexible spending accounts that were incurred in the plan year in which the Distribution occurs, whether incurred prior to, on, or after the Effective Time, that have not been paid in full as of the Effective Time. (c)

Appears in 1 contract

Samples: Matters Agreement

Additional Details Regarding Flexible Spending Accounts. Pursuant to Section 7.1, at or as soon as practicable after the Effective Time, EP Energy shall establish and adopt EP Energy Welfare Plans which will provide health care flexible spending account or dependent care flexible spending account benefits to EP Energy Welfare Plan Participants as of the first day of the month after the month in which the Distribution Date, a Participating SSE Employer will establish under occurs. To the SSE extent any EP Energy Welfare Plan provides or constitutes a health care flexible spending account and/or or dependent care flexible spending account (each a an SSE EP Energy FSA”) for each SSE ), such EP Energy Welfare Plan Participant that has a health care flexible spending account and/or dependent care flexible spending account under shall be effective as of the CHK Welfare Plan (each a “CHK FSA”) immediately prior to first day of the month after the month in which the Distribution Dateoccurs. All It is the intention of the Parties that all activity under a SSE an EP Energy Welfare Plan Participant’s CHK FSA (that is, both contributions to and expenses paid from each account) flexible spending account with El Paso for the plan year 2014 through in which the Distribution Date shall occurs be treated instead as activity under the corresponding SSE EP Energy FSA. Accordingly, such that (i) any period of participation by an EP Energy Welfare Plan Participant in an El Paso flexible spending account during the SSE plan year in which the Distribution occurs (the “FSA Participation Period”) will be deemed a period when the EP Energy Welfare Plan Participant participated in the corresponding EP Energy FSA; (ii) all expenses incurred during the FSA Participation Period will be deemed incurred while the EP Energy Welfare Plan Participant’s account balance coverage was in his SSE FSA on effect under the Distribution Date will be equal to such participant’s CHK FSA balance immediately prior to the Distribution Date. A SSE Welfare Plan Participant’s CHK FSA salary reduction election will apply corresponding EP Energy FSA; and (iii) all elections and reimbursements made with respect to his SSE an FSA for the portion of plan year 2014 beginning on the Distribution Date and ending on December 31, 2014 (the “Participation Period”). A SSE Welfare Plan Participant Period under an El Paso flexible spending account will continue be deemed to have access to his CHK FSA in accordance with its terms and conditions. Thus, the Parties agree that (i) all qualifying expenses incurred by a SSE Welfare Plan Participant during a Participation Period will be reimbursed under the SSE Welfare Plan Participant’s SSE FSA and (ii) all qualifying expenses incurred by the SSE Welfare Plan Participant for plan year 2014 prior to the Participation Period will be reimbursed under the SSE Welfare Plan Participant’s CHK FSA (in both cases in accordance with the applicable account’s terms and conditions and to the extent credits are available). Following the Distribution Date, been made with respect to the portion corresponding EP Energy FSA. Notwithstanding anything in this Section 7.3(b), on and after the first day of plan year 2014 prior to the Participation Periodmonth after the month in which the Distribution occurs, the Parties will determine EP Energy Group shall assume, and agree on cause the aggregate amount of SSE EP Energy Welfare Plan Participants’ contributions Plans to the CHK FSA (“Aggregate FSA Contribution Amount”) and the aggregate amount of SSE Welfare Plan Participants’ expenses incurred and reimbursed from the CHK FSA (“Aggregate FSA Expense Amount”). If the Aggregate FSA Expense Amount exceeds the Aggregate FSA Contribution Amountbe solely responsible for, SSE shall reimburse CHK for the total amount of the excess no later than 60 days after the Distribution Date; if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount, CHK shall reimburse SSE for the total amount of the excess no later than 60 days after the Distribution Date. (For the avoidance of doubt, if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount all claims by $25,000, SSE will reimburse CHK $25,000 no later than 60 days after the Distribution Date.) After March 31, 2015, the Parties will determine and agree on the total amount of the reimbursements made to SSE EP Energy Welfare Plan Participants from their CHK FSAs for qualifying expenses under the applicable El Paso Welfare Plan flexible spending accounts that were incurred in the plan year in which the Distribution occurs, whether incurred prior to to, on, or after the first day of the month after the month in which the Distribution Date and SSE will reimburse CHK for such amount occurs, that have not been paid in full as soon as reasonably practicable following March 31, 2015, but of the first day of the month after the month in no event later than April 30, 2015which the Distribution occurs.

Appears in 1 contract

Samples: Employee Matters Agreement (EP Energy Corp)

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Additional Details Regarding Flexible Spending Accounts. Effective as of the Distribution Date, a Participating SSE Nuvectra Employer will establish under the SSE Nuvectra Welfare Plan Plans a health care flexible spending account and/or dependent care flexible spending account (each a “SSE Nuvectra FSA”) for each SSE Nuvectra Welfare Plan Participant that has a health care flexible spending account and/or dependent care flexible spending account under the CHK Greatbatch Welfare Plan Plans (each a “CHK Greatbatch FSA”) immediately prior to the Distribution Date. All activity under a SSE Nuvectra Welfare Plan Participant’s CHK Greatbatch FSA (that is, both contributions to and expenses paid from each account) for plan year 2014 2016 through the Distribution Date shall be treated as activity under the corresponding SSE Nuvectra FSA, such that the SSE Nuvectra Welfare Plan Participant’s account balance in his SSE Nuvectra FSA on the Distribution Date will be equal to such participant’s CHK Greatbatch FSA balance immediately prior to the Distribution Date. A SSE Nuvectra Welfare Plan Participant’s CHK Greatbatch FSA salary reduction election will apply with respect to his SSE Nuvectra FSA for the portion of plan year 2014 2016 beginning on the Distribution Date and ending on December 31, 2014 2016 (the “Participation Period”). A SSE Nuvectra Welfare Plan Participant will continue to have access to his CHK Greatbatch FSA in accordance with its terms and conditions. Thus, the Parties agree that (i) all qualifying expenses incurred by a SSE Nuvectra Welfare Plan Participant during a Participation Period will be reimbursed under the SSE Nuvectra Welfare Plan Participant’s SSE Nuvectra FSA and (ii) all qualifying expenses incurred by the SSE Nuvectra Welfare Plan Participant for plan year 2014 2016 prior to the Participation Period will be reimbursed under the SSE Nuvectra Welfare Plan Participant’s CHK Greatbatch FSA (in both cases in accordance with the applicable account’s terms and conditions and to the extent credits are available). Following the Distribution Date, with respect to the portion of plan year 2014 2016 prior to the Participation Period, the Parties will determine and agree on the aggregate amount of SSE Nuvectra Welfare Plan Participants’ contributions to the CHK Greatbatch FSA (“Aggregate FSA Contribution Amount”) and the aggregate amount of SSE Nuvectra Welfare Plan Participants’ expenses incurred and reimbursed from the CHK Greatbatch FSA (“Aggregate FSA Expense Amount”). If the Aggregate FSA Expense Amount exceeds the Aggregate FSA Contribution Amount, SSE Nuvectra shall reimburse CHK Greatbatch for the total amount of the excess no later than 60 30 days after the Distribution Date; if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount, CHK Greatbatch shall reimburse SSE Nuvectra for the total amount of the excess no later than 60 30 days after the Distribution Date. (For the avoidance of doubt, if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount by $25,000, SSE will reimburse CHK $25,000 no later than 60 Within 30 days after the Distribution Date.) After March 31, 2015, the Parties will determine and agree on the total amount of the reimbursements made to SSE Nuvectra Welfare Plan Participants from their CHK Greatbatch FSAs for qualifying expenses incurred prior to the Distribution Date and SSE Nuvectra will reimburse CHK Greatbatch for such amount as soon as reasonably practicable following March 31, 2015, but in no event later than April 30, 2015within 30 days after such determination has been made.

Appears in 1 contract

Samples: Employee Matters Agreement (Qig Group, LLC)

Additional Details Regarding Flexible Spending Accounts. Effective as of To the Distribution Date, a Participating SSE Employer will establish under the SSE extent any NewCo Welfare Plan provides or constitutes a health care flexible spending account and/or or dependent care flexible spending account (each a “SSE NewCo FSA”) for each SSE ), such NewCo Welfare Plan Participant shall be deemed effective as of January 1, 2014 rather than the Effective Time. It is the intention of the Parties that has a health care flexible spending account and/or dependent care flexible spending account under the CHK Welfare Plan (each a “CHK FSA”) immediately prior to the Distribution Date. All all activity under a SSE NewCo Welfare Plan Participant’s CHK FSA (that is, both contributions to and expenses paid from each account) flexible spending account with SLM BankCo for plan year 2014 through the Distribution Date shall be treated instead as activity under the corresponding SSE NewCo FSA. Accordingly, such that the SSE (i) any period of participation by a NewCo Welfare Plan Participant’s Participant in a SLM BankCo flexible spending account balance in his SSE FSA on the Distribution Date will be equal to such participant’s CHK FSA balance immediately prior to the Distribution Date. A SSE Welfare Plan Participant’s CHK FSA salary reduction election will apply with respect to his SSE FSA for the portion of during plan year 2014 beginning on the Distribution Date and ending on December 31, 2014 (the “Participation Period”). A SSE ) will be deemed a period when the NewCo Welfare Plan Participant will continue to have access to his CHK FSA participated in accordance with its terms and conditions. Thus, the Parties agree that corresponding NewCo FSA; (iii) all qualifying expenses incurred by a SSE Welfare Plan Participant during a Participation Period will be reimbursed deemed incurred while the participant’s coverage was in effect under the SSE Welfare Plan Participant’s SSE FSA corresponding NewCo FSA; and (iiiii) all qualifying expenses incurred by the SSE Welfare Plan Participant for plan year 2014 prior elections and reimbursements made with respect to the a Participation Period under a SLM BankCo flexible spending account will be reimbursed under the SSE Welfare Plan Participant’s CHK FSA (in both cases in accordance with the applicable account’s terms and conditions and deemed to the extent credits are available). Following the Distribution Date, have been made with respect to the portion of plan year 2014 prior corresponding NewCo FSA. As soon as practicable following the Effective Time, BankCo will transfer to NewCo the Participation Period, the Parties will determine and agree on the aggregate amount of SSE employee contributions to healthcare flexible spending accounts and dependent care flexible spending accounts collected on behalf of NewCo Welfare Plan Participants as of the Effective Time, less the amount of flexible spending account benefits paid on behalf of NewCo Welfare Plan Participants as of the Effective Time (and if the amount of flexible spending account benefits paid on behalf of NewCo Welfare Plan Participants as of the Effective Time exceeds the amount of contributions collected from NewCo Welfare Plan Participants’ contributions , NewCo shall make a payment to the CHK FSA (“Aggregate FSA Contribution Amount”) and the aggregate BankCo in amount of SSE Welfare Plan Participants’ expenses incurred and reimbursed from the CHK FSA (“Aggregate FSA Expense Amount”equal to such deficit). If the Aggregate FSA Expense Amount exceeds the Aggregate FSA Contribution Amount, SSE shall reimburse CHK for the total amount of the excess no later than 60 days after the Distribution Date; if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount, CHK shall reimburse SSE for the total amount of the excess no later than 60 days after the Distribution Date. (For the avoidance of doubt, if the Aggregate FSA Contribution Amount exceeds the Aggregate FSA Expense Amount by $25,000, SSE will reimburse CHK $25,000 no later than 60 days after the Distribution Date.) After March 31, 2015, the Parties will determine and agree on the total amount of the reimbursements made to SSE Welfare Plan Participants from their CHK FSAs for qualifying expenses incurred prior to the Distribution Date and SSE will reimburse CHK for such amount as soon as reasonably practicable following March 31, 2015, but in no event later than April 30, 2015.

Appears in 1 contract

Samples: Employee Matters Agreement (New Corp)

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