Commitment to Employees. 15.4 The Corporation shall not assign to employees outside the bargaining unit duties performed by members of the bargaining unit, except:
Commitment to Employees. (a) On or prior to the Closing Date, Buyer shall offer continuing employment with the Company, as an employee-at-will, at the same location as the individual's place of employment immediately prior to the Closing Date, to each individual who is employed by the Company as of the Closing Date (such employees who accept employment to be known as "Employees"), with initial terms and conditions of employment, including job responsibilities and base compensation levels no less favorable than the terms and conditions in effect for each such Employee immediately prior to the Closing Date. The definition of Employees shall not include individuals who are on disability status; who are not actively at work and are receiving workmen's compensation benefits; and those who are on a paid or unpaid leave of absence. The individuals included in the preceding sentence will be offered employment, on the terms set forth above, at such time as they are able to return to work, provided they return to work within six (6) months after the Closing Date. Except as may be set forth herein, Seller will have no further responsibility with regard to the Employees as of the close of business on the Closing Date, including, without limitation, any responsibility with respect to benefits or notices required pursuant to Section 4980B of the Code or Section 606 of ERISA. Buyer will have no responsibility with respect to those individuals who do not accept their offer of employment, including without limitation, any responsibility with respect to benefits or notices required pursuant to Section 4980B of the Code or Section 606 of ERISA. Seller will retain COBRA continuation coverage responsibility for Employees or former employees (including those on disability status prior to the Closing Date) of Company who have had a COBRA qualifying event occur on or before the Closing Date; Buyer will assume liability for COBRA continuation coverage relating to COBRA qualifying events occurring after the Closing Date. The Employees will be eligible to participate in Buyer's "Additional Compensation Plan" pursuant to the terms thereof and those Employees who are participants in the Company's "EVA Program" will be eligible to participate in Buyer's "Stock Incentive Plan".
