Common use of COBRA and HIPAA Clause in Contracts

COBRA and HIPAA. The Parent Group shall continue to be responsible for complying with, and providing coverage pursuant to, the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the Parent Welfare Plans with respect to any Parent Group Employees and any Former Parent Group Employees (and their covered dependents) who incur a qualifying event under COBRA before, as of, or after the Operational Separation Date. Effective as of the Operational Separation Date, the UpstreamCo Group shall assume responsibility for complying with, and providing coverage pursuant to, the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the UpstreamCo Welfare Plans with respect to any UpstreamCo Group Employees or Former UpstreamCo Group Employees (and their covered dependents) who incur a qualifying event or loss of coverage under the Parent Welfare Plans and/or the UpstreamCo Welfare Plans before, as of, or after the Operational Separation Date. The Parties agree that the consummation of the transactions contemplated by the Separation and Distribution Agreement shall not constitute a COBRA qualifying event for any purpose of COBRA.

COBRA and HIPAA. The Parent Group shall continue to be responsible for complying with, and providing coverage pursuant to, the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the Parent Welfare Plans with respect to any Parent Group Employees and any Former Parent Group Employees (and their covered dependents) who incur a qualifying event under COBRA before, as of, or after the Operational Separation Date. Effective as of the Operational Separation Date, the UpstreamCo Spinco Group shall assume responsibility for complying with, and providing coverage pursuant to, the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the UpstreamCo Spinco Welfare Plans with respect to any UpstreamCo Spinco Group Employees or Former UpstreamCo Spinco Group Employees (and their covered dependents) who incur a qualifying event or loss of coverage under the Parent Welfare Plans and/or the UpstreamCo Spinco Welfare Plans before, as of, or after the Operational Separation Date. The Parties agree that the consummation of the transactions contemplated by the Separation and Distribution Agreement shall not constitute a COBRA qualifying event for any purpose of COBRA.

COBRA and HIPAA. The Parent Group Abbott shall continue to be responsible for complying with, and providing coverage pursuant to, compliance with the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the Parent Abbott Health and Welfare Plans with respect to any Parent Group (a) Abbott Retained Employees and any Former Parent Group Employees (and their covered dependents) who incur a qualifying event under COBRA beforeon, as ofprior to, or after following the Operational Separation Distribution Date, (b) any AbbVie Employees who do not become Transferred Employees (and their covered dependents) who incur a qualifying event under COBRA on, prior to, or following the Distribution Date, and (c) any other AbbVie Employees (and their covered dependents), with respect to qualifying events under COBRA incurred prior to or on the applicable Transfer Date. Effective as of the Operational Separation Date, the UpstreamCo Group AbbVie shall assume responsibility for complying with, and providing coverage pursuant to, compliance with the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the UpstreamCo AbbVie Health and Welfare Plans with respect to any UpstreamCo Group Employees or Former UpstreamCo Group Transferred Employees (and their covered dependents) who incur a qualifying event or loss of coverage under the Parent Abbott Health and Welfare Plans and/or the UpstreamCo AbbVie Health and Welfare Plans before, as of, or after the Operational Separation Datetheir respective Transfer Dates. The Parties agree that the consummation of the transactions contemplated by the Separation and Distribution Agreement shall not constitute a COBRA qualifying event for any purpose of COBRA.

COBRA and HIPAA. The Parent Group Emergent shall continue to be responsible for complying with, and providing coverage pursuant to, compliance with the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the Parent Emergent Health and Welfare Plans with respect to any Parent Group Employees and any Former Parent Group (a) Emergent Employees (and their covered dependents) who incur a qualifying event under COBRA beforeon, as ofprior to, or after following the Operational Separation Distribution Date and (b) Aptevo Employees (and their covered dependents), with respect to qualifying events under COBRA incurred prior to or on the Distribution Date. Effective as of the Operational Separation Date, the UpstreamCo Group Aptevo shall assume responsibility for complying with, and providing coverage pursuant to, compliance with the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the UpstreamCo Aptevo Health and Welfare Plans with respect to any UpstreamCo Group Employees or Former UpstreamCo Group Transferred Employees (and their covered dependents) who incur a qualifying event or loss of coverage under the Parent Emergent Health and Welfare Plans and/or the UpstreamCo Aptevo Health and Welfare Plans before, as of, or after the Operational Separation Distribution Date. The Parties agree that the consummation of the transactions contemplated by the Separation and Distribution Agreement shall not constitute a COBRA qualifying event for any purpose of COBRA.

COBRA and HIPAA. The Parent OSG Group shall continue to be responsible for complying with, and providing coverage pursuant to, the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the Parent OSG Welfare Plans with respect to any Parent OSG Group Employees and any Former Parent OSG Group Employees (and their covered dependents) who incur a qualifying event under COBRA before, as of, of or after the Operational Separation DateTransfer Effective Time. Effective as of the Operational Separation DateTransfer Effective Time, the UpstreamCo INSW Group shall assume responsibility for complying with, and providing coverage pursuant to, the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the UpstreamCo INSW Welfare Plans with respect to any UpstreamCo INSW Group Employees or and any Former UpstreamCo INSW Group Employees (and their covered dependents) who incur a qualifying event or loss of coverage under the Parent OSG Welfare Plans and/or the UpstreamCo INSW Welfare Plans before, as of, or after the Operational Separation DateTransfer Effective Time. The Parties agree that the consummation of the transactions contemplated by the Separation and Distribution Agreement shall not constitute a COBRA qualifying event for any purpose of COBRA.

COBRA and HIPAA. The Parent Group AbbVie PR shall continue to be responsible for complying with, and providing coverage pursuant to, compliance with the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the Parent AbbVie PR Health and Welfare Plans with respect to (a) any Parent Group AbbVie Employees and any Former Parent Group Employees (and their covered dependents) who incur a qualifying event under COBRA beforeon, as ofprior to, or after following the Operational Separation Distribution Date, and (b) any other Abbott Employees (and their covered dependents), with respect to qualifying events under COBRA incurred prior to or on the applicable Transfer Date. Effective as of the Operational Separation Date, the UpstreamCo Group Xxxxxx XX shall assume responsibility for complying with, and providing coverage pursuant to, compliance with the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the UpstreamCo Xxxxxx XX Health and Welfare Plans - New with respect to any UpstreamCo Group Abbott Retained Employees or Former UpstreamCo Group Employees Xxxxxx LTD Participants (and their covered dependents) who incur a qualifying event or loss of coverage under the Parent AbbVie PR Health and Welfare Plans and/or the UpstreamCo Xxxxxx XX Health and Welfare Plans before, as of, or - New after the Operational Separation Distribution Date. The Parties agree that the consummation of the transactions contemplated by the Separation and Distribution Agreement shall not constitute a COBRA qualifying event for any purpose of COBRA.

COBRA and HIPAA. The Parent Group AbbVie PR shall continue to be responsible for complying with, and providing coverage pursuant to, compliance with the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the Parent AbbVie PR Health and Welfare Plans with respect to (a) any Parent Group AbbVie Employees and any Former Parent Group Employees (and their covered dependents) who incur a qualifying event under COBRA beforeon, as ofprior to, or after following the Operational Separation Distribution Date, and (b) any other Abbott Employees (and their covered dependents), with respect to qualifying events under COBRA incurred prior to or on the applicable Transfer Date. Effective as of the Operational Separation Date, the UpstreamCo Group Xxxxxx XX shall assume responsibility for complying with, and providing coverage pursuant to, compliance with the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the UpstreamCo Xxxxxx XX Health and Welfare Plans - New with respect to any UpstreamCo Group Abbott Retained Employees or Former UpstreamCo Group Employees Abbott LTD Participants (and their covered dependents) who incur a qualifying event or loss of coverage under the Parent AbbVie PR Health and Welfare Plans and/or the UpstreamCo Xxxxxx XX Health and Welfare Plans before, as of, or - New after the Operational Separation Distribution Date. The Parties agree that the consummation of the transactions contemplated by the Separation and Distribution Agreement shall not constitute a COBRA qualifying event for any purpose of COBRA.

COBRA and HIPAA. The Parent Group shall continue to be responsible for complying with, and providing coverage pursuant to, the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the Parent Welfare Plans with respect to any Parent Group Employees and any Former Parent Group Employees (and their covered dependents) who incur a qualifying event under COBRA before, as of, or after the Operational Separation Date. Effective as of the Operational Separation Date, the UpstreamCo Spinco Group shall assume responsibility for complying with, and providing coverage pursuant to, the health care continuation requirements of COBRA, the certificate of creditable coverage requirements of HIPAA, and the corresponding provisions of the UpstreamCo Spinco Welfare Plans with respect to any UpstreamCo Spinco Group Employees or Former UpstreamCo Spinco Group Employees (and their covered dependents) who incur a qualifying event or loss of coverage under the Parent Welfare Plans and/or the UpstreamCo Spinco Welfare Plans before, as of, or after the Operational Separation Date. The Parties agree that the consummation of the transactions contemplated by the Separation and Distribution Agreement shall not constitute a COBRA qualifying event for any purpose of COBRACOBRA.Section 7.03.