Common use of Certain Foreign National Employees Clause in Contracts

Certain Foreign National Employees. The Parties recognize that certain of the U.S. Transferred Employees and possibly other Freescale employees are in nonimmigrant visa status or have applications for lawful permanent residence pending with the relevant governmental authorities (the “Affected Foreign National Employees”). The Parties further recognize that new or amended petitions with respect to such Affected Foreign National Employees may be required in certain of these cases, unless Freescale (or Freescale’s Affiliates, as the case may be), are deemed the “successor-in-interest” to Motorola (as such term is used in pronouncements by the U.S. Citizenship and Immigration Service (“USCIS”)) with respect to such Affected Foreign National Employees. Accordingly, Freescale hereby expressly agrees to assume, and Motorola hereby assigns, all of the immigration related liabilities of the Affected Foreign National Employees (including, without limitation, any obligations, liabilities and undertakings arising from or under attestations made in each certified and still effective Labor Condition Application (“LCA”) filed by Motorola with respect to any such Affected Foreign National Employees). The Parties each agree to take such actions as may reasonably be requested at and following the Reorganization Date to document to the USCIS or such other governmental agency, as the case may be, as may be necessary, the “successor-in-interest” relationship with respect to any Affected Foreign National Employees.

Certain Foreign National Employees. The Parties parties recognize that certain of the U.S. Transferred Employees and possibly other Freescale employees Other U.S. SpinCo Employees are in nonimmigrant visa status or have applications for lawful permanent residence pending with the relevant governmental authorities (the “Affected Foreign National Employees”). The Parties parties further recognize that new or amended petitions with respect to such Affected Foreign National Employees may be required in certain of these cases, unless Freescale (SpinCo or Freescale’s AffiliatesMobility, as the case may be), are is deemed the “successor-in-interest” to Motorola (as such term is used in pronouncements by the U.S. Citizenship and Immigration Service (“USCIS”)) with respect to such Affected Foreign National Employees. Accordingly, Freescale SpinCo or Mobility, as the case may be, hereby expressly agrees to assume, and Motorola hereby assigns, in each case effective as of the SpinCo Employment Date, all of the immigration related liabilities of the Affected Foreign National Employees (including, without limitation, any obligations, liabilities and undertakings arising from or under attestations made in each certified and still effective Labor Condition Application (“LCA”) filed by Motorola with respect to any such Affected Foreign National Employees). The Parties parties each agree to take such actions as may reasonably be requested at and following the Reorganization SpinCo Employment Date to document to the USCIS or such other governmental agency, as the case may be, as may be necessary, the “successor-in-interest” relationship with respect to any Affected Foreign National Employees.