Chargeback of Certain Costs. Without duplication of amounts otherwise already covered in this Agreement or the Transition Services Agreement, nothing contained in this Agreement shall limit the Company’s ability to charge back any Liabilities that it incurs in respect of any SpinCo Service Provider under a Company Benefit Plan which is a retirement plan or health or welfare benefit plan to any of its operating companies in the ordinary course of business consistent with its past practices. Subject, and in addition, to the foregoing, the Company shall allocate and charge back to SpinCo or a member of the SpinCo Group (without duplication) its proportionate share of Liabilities (other than those arising from the Company’s or its agent’s gross misconduct or negligence) that the Company incurs by reason of the continued participation of SpinCo Employees, SpinCo Independent Contractors and Former SpinCo Service Providers in such Company Benefit Plans following the Distribution Time (which Liabilities shall, for the avoidance of doubt, be subject to reimbursement under Section 2.3(c) of this Agreement).
Chargeback of Certain Costs. Nothing contained in this Agreement shall limit Xxxxxxx’x ability to charge back any Liabilities that it incurs in respect of any Xxxxxxx Benefit Arrangement to any of its operating companies in the ordinary course of business consistent with its past practices.
Chargeback of Certain Costs. Nothing contained in this Agreement shall limit New Worthington’s ability to charge back any Liabilities that it incurs in respect of any New Worthington Benefit Arrangement to any of its operating companies in the ordinary course of business consistent with its past practices.
Chargeback of Certain Costs. Nothing contained in this Agreement shall limit Xxxxxxx’x ability to charge back any Liabilities that it incurs in respect of any Xxxxxxx Benefit Arrangement to any of its operating companies in the ordinary course of business consistent with its past practices. Subject, and in addition, to the foregoing, Xxxxxxx shall allocate and charge back to Envista or a member of the Envista Group all Liabilities that Xxxxxxx would otherwise have recognized by reason of (i) the continued participation of Envista Employees, Envista Independent Contractors and Former Envista Service Providers in Xxxxxxx Benefit Arrangements prior to the Plan Transition Date (which Liabilities shall, for the avoidance of doubt, be subject to reimbursement under Section 2.3(c) of this Agreement) and (ii) those Xxxxxxx Options, Xxxxxxx Restricted Stock Units and Xxxxxxx Performance Stock Units held by any Envista Employees, Envista Independent Contractors and Former Envista Service Providers for the period commencing on the Effective Time and ending on the Disposition Date.
Chargeback of Certain Costs. Nothing contained in this Agreement shall limit Enovis’s ability to charge back any Liabilities that it incurs in respect of any Enovis Benefit Arrangement to any of its operating companies in the ordinary course of business consistent with its past practices.
Chargeback of Certain Costs. Nothing contained in this Agreement shall limit the Parent’s ability to charge back any Liabilities that it incurs in respect of any Parent Benefit Arrangement to any of its operating companies in the ordinary course of business consistent with its past practices.
Chargeback of Certain Costs. Nothing contained in this Agreement shall limit Cxxxxxx’x ability to charge back any Liabilities that it incurs in respect of any Cummins Benefit Arrangement to any of its operating companies in the ordinary course of business consistent with its past practices. Subject, and in addition, to the foregoing, Cummins shall allocate and charge back to Filtration or a member of the Filtration Group all Liabilities that Cummins recognizes by reason of the continued participation of Filtration Employees and Former Filtration Service Providers in Cummins Benefit Arrangements prior to the Plan Transition Date (which Liabilities shall, for the avoidance of doubt, be subject to reimbursement under Section 2.3(c) of this Agreement but solely to the extent provided in Section 2.3(c)).
Chargeback of Certain Costs. Nothing contained in this Agreement shall limit Fortive’s ability to charge back any Liabilities that it incurs in respect of any Fortive Benefit Arrangement to any of its operating companies in the ordinary course of business consistent with its past practices.
Chargeback of Certain Costs. Nothing contained in this Agreement shall limit Fortive’s ability to charge back any Liabilities that it incurs in respect of any Fortive Benefit Arrangement to any of its operating companies in the ordinary course of business consistent with its past practices. Subject, and in addition, to the foregoing, Fortive shall allocate and charge back to Vontier or a member of the Vontier Group all Liabilities that Fortive would otherwise have recognized by reason of (i) the continued participation of Vontier Employees, Vontier Independent Contractors and Former Vontier Service Providers in Fortive Benefit Arrangements (which Liabilities shall, for the avoidance of doubt, be subject to reimbursement under Section 2.3(c) of this Agreement) and (ii) those Fortive Options and Fortive Restricted Stock Units held by any Vontier Employees, Vontier Independent Contractors and Former Vontier Service Providers for the period commencing on the Effective Time and ending on the Disposition Date.
Chargeback of Certain Costs. Nothing contained in this Agreement shall limit Flex’s ability to charge back any Liabilities that it incurs in respect of any Flex Benefit Arrangement to any of its operating companies in the ordinary course of business consistent with its past practices. Subject, and in addition, to the foregoing, Flex shall allocate and charge back to Nextracker or a member of the Nextracker Group all Liabilities that Flex would otherwise have recognized by reason of the continued participation of Nextracker Group Employees and Nextracker Group Independent Contractors in Flex Benefit Arrangements prior to the applicable Plan Transition Date (which Liabilities shall, for the avoidance of doubt, be subject to reimbursement under Section 2.3(c) of this Agreement).
