Common use of Assumption of Health and Welfare Plan Liabilities Clause in Contracts

Assumption of Health and Welfare Plan Liabilities. Immediately after the Distribution Date, all Liabilities for or relating to Transferred Individuals under the PepsiCo Health and Welfare Plans, PepsiCo Restaurant Health and Welfare Plans or TRICON Health and Welfare Plans shall cease to be Liabilities of PepsiCo or the PepsiCo Plans and shall be assumed by TRICON and the TRICON Health and Welfare Plans. Thus, TRICON shall be responsible for all Liabilities that pertain to Transferred Individuals, including all reported claims that are unpaid, all incurred but not reported claims as of the Close of the Distribution Date, and all future claims that pertain to Transferred Individuals under the PepsiCo Health and Welfare Plans, PepsiCo Restaurant Health and Welfare Plans and the TRICON Health and Welfare Plans. TRICON shall be required to make all payments due or payable to Transferred Individuals under the TRICON Health and Welfare Plans for the period beginning Immediately after the Distribution Date, including incurred but not reported claims. All treatments which have been pre-certified for or are being provided to a Transferred Individual as of the Close of the Distribution Date shall continue to be provided without interruption under the appropriate TRICON Health and Welfare Plan and TRICON shall continue to be responsible for all Liabilities relating to, arising out of, or resulting from such on-going treatments as of the Close of the Distribution Date. Unless otherwise specifically set forth in writing, TRICON shall not be entitled to assets associated with any PepsiCo Health and Welfare Plan, PepsiCo Restaurant Health and Welfare Plan, or TRICON Health and Welfare Plan including, but not limited to, premium stabilization reserves, contract or plan surpluses, any other reserve, prior inter-company assessments or premiums, any prior per-capita inter-company rate payments, reimbursement for charges or premiums previously collected or any other payment or credit, of any nature whatsoever, from PepsiCo, any trust associated with any plan or program or from any third-party vendor.

Assumption of Health and Welfare Plan Liabilities. (a) Assumption by PSI Immediately after the Distribution Date, all Liabilities for or relating to Transferred Individuals under the PepsiCo Health and Welfare Plans, PepsiCo Restaurant Equifax Health and Welfare Plans or TRICON Health and Welfare Plans all Liabilities relating to the Equifax Severance Pay Plan specified in Section 5.11(b), shall cease to be Liabilities of PepsiCo Equifax or the PepsiCo Equifax Health and Welfare Plans and shall be assumed by TRICON PSI and the TRICON corresponding PSI Health and Welfare Plans. Thus, TRICON PSI and the PSI Health and Welfare Plans shall be responsible for all Liabilities that pertain to Transferred IndividualsIndividuals regardless of when incurred, including all reported claims that are unpaid, all incurred but not reported claims as of the Close of the Distribution Date, and all future claims incurred after the Close of the Distribution Date that pertain to Transferred Individuals under the PepsiCo Health and Welfare Plans, PepsiCo Restaurant Equifax Health and Welfare Plans and the TRICON PSI Health and Welfare Plans. TRICON PSI shall be required to make all payments due or payable to Transferred Individuals under the TRICON appropriate PSI Health and Welfare Plans for the period beginning Immediately after the Distribution Date, including all reported claims that are unpaid and all incurred but not reported claimsclaims as of the Close of the Distribution Date. All treatments which have been pre-certified for or are being provided on an on-going basis to a Transferred Individual under the Equifax Health and Welfare Plans as of the Close of the Distribution Date shall continue to be provided without interruption under the appropriate TRICON PSI Health and Welfare Plan until such treatment is concluded or discontinued pursuant to applicable plan rules and TRICON limitations, and PSI and the PSI Health and Welfare Plans shall continue to be responsible for all Liabilities relating to, arising out of, or resulting from such pre-certified or on-going treatments as of the Close of the Distribution Date. Unless otherwise specifically set forth Notwithstanding any of the foregoing in writingthis Section 5.01, TRICON shall not be entitled to assets associated with any PepsiCo Health and Welfare Plan, PepsiCo Restaurant Health and Welfare Plan, or TRICON neither PSI nor a PSI Health and Welfare Plan includingshall assume any Liability with respect to: (i) a claim incurred on or prior to the Close of the Distribution Date for which Equifax or an Equifax Health and Welfare Plan has insurance coverage, but not limited toand (ii) benefit claims for which Equifax is responsible under Section 5.07. Furthermore, premium stabilization reservesexcept to the extent related to claims referenced in the prior sentence, contract or plan surpluses, Equifax shall pay to PSI any other reserve, prior inter-company assessments or premiums, any prior per-capita inter-company rate payments, reimbursement prescription drug rebates received by Equifax under the Equifax Major Medical Plan relating to claims incurred for charges or premiums previously collected or any other payment or credit, Transferred Individuals in respect of any nature whatsoever, from PepsiCo, any trust associated with any plan or program or from any third-party vendorperiods beginning Immediately after the Distribution Date.

Assumption of Health and Welfare Plan Liabilities. Immediately (a) General - Health and Welfare Plans. STC shall retain all Liabilities incurred through the Health Plans Transition Date under each STC Health and Welfare Plan, whether or not claims are filed before the Health Plan Transition Date, by or on behalf of NPTest Employees or their spouses or dependents. NPTest shall indemnify STC against any Liabilities arising after the Distribution [ ] Date and prior to the Health Plans Transition Date by paying the current cost of coverage associated with such NPTest Employees or their spouses or dependents, to the extent not already paid. Claims for benefits incurred by NPTest Employees prior to the Health Plans Transition Date must be submitted to the appropriate STC Health and Welfare Plan within 90 days following the Health Plans Transition Date. Immediately following the Health Plan Transition Date, all Liabilities for or relating to Transferred Individuals under NPTest Employees shall no longer participate in the PepsiCo STC Health and Welfare Plans, PepsiCo Restaurant Health and Welfare Plans or TRICON Health and Welfare Plans shall cease to be Liabilities of PepsiCo or the PepsiCo Plans and shall be assumed by TRICON and the TRICON Health and Welfare Plans. Thus, TRICON NPTest shall be responsible for all Liabilities under the NPTest Health and Welfare Plans. NPTest affirmatively covenants to ensure that pertain to Transferred Individuals, including all reported claims that are unpaid, all incurred but not reported claims any NPTest Employee on short-term disability or leave of absence as of the Close of Health Plans Transition Date shall be immediately covered under the Distribution Date, NPTest short-term disability coverage and all future claims that pertain to Transferred Individuals under the PepsiCo other NPTest Health and Welfare Plans, PepsiCo Restaurant Health and Welfare Plans and shall receive the TRICON Health and Welfare Planssame disability benefits as such employee would have received if he had remained an STC Employee. TRICON shall be required to make all payments due Any NPTest Employee who becomes disabled or payable to Transferred Individuals under the TRICON Health and Welfare Plans for the period beginning Immediately goes on leave of absence on or after the Distribution Date, including incurred but not reported claims. All treatments which have been pre-certified for or are being provided to a Transferred Individual as of the Close of the Distribution Health Plans Transition Date shall continue to be provided without interruption under receive benefits in accordance with the appropriate TRICON Health and Welfare Plan and TRICON shall continue to be responsible for all Liabilities relating to, arising out of, or resulting from such on-going treatments as of the Close of the Distribution Date. Unless otherwise specifically set forth in writing, TRICON shall not be entitled to assets associated with any PepsiCo Health and Welfare applicable NPTest Plan, PepsiCo Restaurant Health and Welfare Plan, or TRICON Health and Welfare Plan including, but not limited to, premium stabilization reserves, contract or plan surpluses, any other reserve, prior inter-company assessments or premiums, any prior per-capita inter-company rate payments, reimbursement for charges or premiums previously collected or any other payment or credit, of any nature whatsoever, from PepsiCo, any trust associated with any plan or program or from any third-party vendoras determined by NPTest in its discretion.