Extension of Benefits Following Termination. During any period that DataPath is continuing to make payments to Employee pursuant to Section 3.2(d) or 3.2(e) (the "Continuation Period"), DataPath shall, at its expense, continue on behalf of Employee and his dependents and beneficiaries the life insurance, disability, medical, dental and hospitalization benefits provided (x) to Employee immediately prior to such termination or (y) to other similarly situated executives who continue or become in the employ of DataPath during the Continuation Period, if permitted, in either case, by the applicable benefit plan. The coverage and benefits (including deductibles and costs) provided in this Section during the Continuation Period shall be no less favorable to the Employee and his dependents and beneficiaries than the coverages and benefits provided during any of the periods referred to in clauses (x) and (y) above. DataPath's obligation hereunder with respect to the foregoing benefits shall be limited to the extent that Employee obtains any such benefits pursuant to a subsequent employer's benefit plans, in which case DataPath may reduce the coverage of any benefits it is required to provide Employee hereunder as long as the aggregate coverages and benefits of the combined benefit plans is no less favorable to Employee than the coverages and benefits required to be provided hereunder. Notwithstanding anything herein to the contrary, DataPath may provide any continuation of benefits required hereunder by either (i) continuing Employee's and his family's participation in DataPath's benefit programs (subject to applicable law and plan requirements), (ii) reimbursing Employee for Employee's expense of maintaining benefits through COBRA, or (iii) reimbursing Employee for the cost of obtaining such benefits on his own, provided, however, that no such reimbursement shall exceed a total of $40,000 per year.
Appears in 3 contracts
Samples: Employment Agreement (Datapath Inc), Employment Agreement (Datapath Inc), Employment Agreement (Datapath Inc)
Extension of Benefits Following Termination. During any period that DataPath is continuing to make payments to Employee pursuant to Section 3.2(d) or 3.2(e) (the "Continuation Period"), DataPath shall, at its expense, continue on behalf of Employee and his her dependents and beneficiaries the life insurance, disability, medical, dental and hospitalization benefits provided (x) to Employee immediately prior to such termination or (y) to other similarly situated executives who continue or become in the employ of DataPath during the Continuation Period, if permitted, in either case, by the applicable benefit plan. The coverage and benefits (including deductibles and costs) provided in this Section during the Continuation Period shall be no less favorable to the Employee and his her dependents and beneficiaries than the coverages and benefits provided during any of the periods referred to in clauses (x) and (y) above. DataPath's obligation hereunder with respect to the foregoing benefits shall be limited to the extent that Employee obtains any such benefits pursuant to a subsequent employer's benefit plans, in which case DataPath may reduce the coverage of any benefits it is required to provide Employee hereunder as long as the aggregate coverages and benefits of the combined benefit plans is no less favorable to Employee than the coverages and benefits required to be provided hereunder. Notwithstanding anything herein to the contrary, DataPath may provide any continuation of benefits required hereunder by either (i) continuing Employee's and his her family's participation in DataPath's benefit programs (subject to applicable law and plan requirements), (ii) reimbursing Employee for Employee's expense of maintaining benefits through COBRA, or (iii) reimbursing Employee for the cost of obtaining such benefits on his her own, provided, however, that no such reimbursement shall exceed a total of $40,000 per year.
Appears in 2 contracts
Samples: Employment Agreement (Datapath Inc), Employment Agreement (Datapath Inc)
Extension of Benefits Following Termination. During any period that DataPath is continuing to make payments to Employee pursuant to Section 3.2(d) or 3.2(e) (the "Continuation Period"), DataPath shall, at its expense, continue on behalf of Employee and his dependents and beneficiaries the life insurance, disability, medical, dental and hospitalization benefits provided (x) to Employee immediately prior to such termination or (y) to other similarly situated executives who continue or become in the employ of DataPath during the Continuation Period, if permitted, in either case, by the applicable benefit plan. The coverage and benefits (including deductibles and costs) provided in this Section during the Continuation Period shall be no less favorable to the Employee and his dependents and beneficiaries than the coverages and benefits provided during any of the periods referred to in clauses (x) and (y) above. above DataPath's obligation hereunder with respect to the foregoing benefits shall be limited to the extent that Employee obtains any such benefits pursuant to a subsequent employer's benefit plans, in which case DataPath may reduce the coverage of any benefits it is required to provide Employee hereunder as long as the aggregate coverages and benefits of the combined benefit plans is no less favorable to Employee than the coverages and benefits required to be provided hereunder. Notwithstanding anything herein to the contrary, DataPath may provide any continuation of benefits required hereunder by either (i) continuing Employee's and his family's participation in DataPath's benefit programs (subject to applicable law and plan requirements), (ii) reimbursing Employee for Employee's expense of maintaining benefits through COBRA, or (iii) reimbursing Employee for the cost of obtaining such benefits on his own, provided, however, that no such reimbursement shall exceed a total of $40,000 per year.
Appears in 1 contract
Samples: Employment Agreement (Datapath Inc)
Extension of Benefits Following Termination. During any period that DataPath is continuing to make payments to Employee pursuant to Section 3.2(d) or 3.2(e) (the "Continuation Period"), DataPath shall, at its expense, continue on behalf of Employee and his dependents and beneficiaries the life insurance, disability, medical, dental and hospitalization benefits provided (x) to Employee immediately prior to such termination or (y) to other similarly situated executives who continue or become in the employ of DataPath during the Continuation Period, if permitted, in either case, by the applicable benefit plan. The coverage and benefits (including deductibles and costs) provided in this Section during the Continuation Period shall be no less favorable to the Employee and his dependents and beneficiaries than the coverages and benefits provided during any of the periods referred to in clauses (x) and (y) above. DataPath's obligation hereunder with respect to the foregoing benefits shall be limited to the extent that Employee obtains any such benefits pursuant to a subsequent employer's benefit plans, in which case DataPath may reduce the coverage of any benefits it is required to provide Employee hereunder as long as the aggregate coverages and benefits of the combined benefit plans is no less favorable to Employee than the coverages and benefits required to be provided hereunder. Notwithstanding anything herein to the contrary, DataPath may provide any continuation of benefits required hereunder by either (i) continuing Employee's and his family's participation in DataPath's benefit programs (subject to applicable law and plan requirements), (ii) reimbursing Employee for Employee's expense of maintaining benefits through COBRA, or (iii) reimbursing Employee for the cost of obtaining such benefits on his own, provided, however, that no such reimbursement shall exceed a total of $40,000 per year.or
Appears in 1 contract
Samples: Employment Agreement (Datapath Inc)
Extension of Benefits Following Termination. During any period that DataPath is continuing to make payments to Employee pursuant to Section 3.2(d) or 3.2(e) (the "Continuation Period"), DataPath shall, at its expense, continue on behalf of Employee and his dependents and beneficiaries the life insurance, disability, medical, dental and hospitalization benefits provided (x) to Employee immediately prior to such termination or (y) to other similarly situated executives who continue or become in the employ of DataPath during the Continuation Period, if permitted, in either case, by the applicable benefit plan. The coverage and benefits (including deductibles and costs) provided in this Section during the Continuation Period shall be no less favorable to the Employee and his dependents and beneficiaries than the coverages and benefits provided during any of the periods referred to in clauses (x) and (y) above. DataPath's obligation hereunder with respect to the foregoing benefits shall be limited to the extent that Employee obtains any such benefits pursuant to a subsequent employer's benefit plans, in which case DataPath may reduce the coverage of any benefits it is required to provide Employee hereunder as long as the aggregate coverages and benefits of the combined benefit plans is no less favorable to Employee than the coverages and benefits required to be provided hereunder. Notwithstanding anything herein to the contrary, DataPath may provide any continuation of benefits required hereunder by either (i) continuing Employee's and his family's participation in DataPath's benefit programs (subject to applicable law and plan requirements), (ii) reimbursing Employee for Employee's expense of maintaining benefits through COBRA, or (iii) reimbursing Employee for the cost of obtaining such benefits on his own, provided, however, that no such reimbursement shall exceed a total of $40,000 per year.'s
Appears in 1 contract
Samples: Employment Agreement (Datapath Inc)
Extension of Benefits Following Termination. During any period that DataPath is continuing to make payments to Employee pursuant to Section 3.2(d) or 3.2(e) (the "Continuation Period"), DataPath shall, at its expense, continue on behalf of Employee and his dependents and beneficiaries the life insurance, disability, medical, dental and hospitalization benefits provided (x) to Employee immediately prior to such termination or (y) to other similarly situated executives who continue or become in the employ of DataPath during the Continuation Period, if permitted, in either case, by the applicable benefit plan. The coverage and benefits (including deductibles and costs) provided in this Section during the Continuation Period shall be no less favorable to the Employee and his dependents and beneficiaries than the coverages and benefits provided during any of the periods referred to in clauses (x) and (y) above. , DataPath's obligation hereunder with respect to the foregoing benefits shall be limited to the extent that Employee obtains any such benefits pursuant to a subsequent employer's benefit plans, in which case DataPath may reduce the coverage of any benefits it is required to provide Employee hereunder as long as the aggregate coverages and benefits of the combined benefit plans is no less favorable to Employee than the coverages and benefits required to be provided hereunder. Notwithstanding anything herein to the contrary, DataPath may provide any continuation of benefits required hereunder by either (i) continuing Employee's and his family's participation in DataPath's benefit programs (subject to applicable law and plan requirements), (ii) reimbursing Employee for Employee's expense of maintaining benefits through COBRA, or (iii) reimbursing Employee for the cost of obtaining such benefits on his own, provided, however, that no such reimbursement shall exceed a total of $40,000 per year.
Appears in 1 contract
Samples: Employment Agreement (Datapath Inc)