Health Continuation Coverage. (i) Provided that Executive is eligible and has made the necessary elections for continuation coverage pursuant to COBRA under a health, dental, or vision plan sponsored by the Company, the Company shall pay the applicable premiums (inclusive of premiums for Executive’s dependents for such health, dental, or vision plan coverage as in effect immediately prior to the date of the Covered Termination or Covered Termination Following a Change in Control, as applicable) for such continued health, dental, or vision plan coverage for Executive and his or her eligible dependents following the date of the Covered Termination or Covered Termination Following a Change in Control, as applicable, for up to the number of months equal to the Severance Period (but in no event after such time as either (1) Executive is eligible for coverage under a health, dental or vision insurance plan of a subsequent employer or (2) Executive and his dependents are no longer eligible for COBRA coverage). Such coverage shall be counted as coverage pursuant to COBRA. The Company shall have no obligation in respect of any premium payments (or any other payments in respect of health, dental, or vision coverage from the Company) following the effective date of the Executive’s coverage by a health, dental, or vision insurance plan of a subsequent employer. Executive shall be required to notify the Company immediately if Executive becomes eligible under a health, dental, or vision insurance plan of a subsequent employer. If Executive and his dependents continue coverage pursuant to COBRA following the conclusion of the Severance Period, Executive will be responsible for the entire payment of such premiums and any other costs required under COBRA for the duration of the COBRA period. (ii) For purposes of this Section 2.1(b), (i) references to COBRA shall be deemed to refer also to analogous provisions of state law, and (ii) any applicable insurance premiums that are paid by the Company shall not include any amounts payable by Executive under a Code Section 125 health care reimbursement plan, which amounts, if any, are the sole responsibility of Executive.
Appears in 3 contracts
Samples: Executive Severance Benefits Agreement (Portola Pharmaceuticals Inc), Executive Severance Benefits Agreement (Portola Pharmaceuticals Inc), Executive Severance Benefits Agreement (Portola Pharmaceuticals Inc)
Health Continuation Coverage. (ia) Provided that Executive is eligible and has made the necessary elections for continuation coverage pursuant to COBRA under a health, dental, or vision plan sponsored by the Company, the Company shall pay reimburse Executive for the applicable premiums (inclusive of premiums for Executive’s dependents for such health, dental, or vision plan coverage as in effect immediately prior to the date of the Covered Termination or Covered Termination Following a Change in Control, as applicableTermination) for such continued health, dental, or vision plan coverage for Executive and his or her eligible dependents following the date of the Covered Termination or Covered Termination Following a Change in Control, as applicable, for up to the number of months equal to the Covered Termination Severance Period (but in no event after such time as either (1) Executive is eligible for coverage under a health, dental or vision insurance plan of a subsequent employer or (2) as Executive and his dependents are no longer eligible for COBRA coverage). Such coverage shall be counted as coverage pursuant to COBRA. The Company shall have no obligation in respect of any premium payments (or any other payments in respect of health, dental, or vision coverage from the Company) following the effective date of the Executive’s coverage by a health, dental, or vision insurance plan of a subsequent employer. Executive shall be required to notify the Company immediately if Executive becomes eligible under covered by a health, dental, or vision insurance plan of a subsequent employer. If Executive and his dependents continue coverage pursuant to COBRA following the conclusion of the Covered Termination Severance Period, Executive will be responsible for the entire payment of such premiums and any other costs required under COBRA for the duration of the COBRA period. COBRA reimbursement will be timely reimbursed as such premiums are incurred and paid by Executive.
(iib) For purposes of this Section 2.1(b)3.3, (i) references to COBRA shall be deemed to refer also to analogous provisions of state law, and (ii) any applicable insurance premiums that are paid by the Company shall not include any amounts payable by Executive under a Code Section 125 health care reimbursement plan, which amounts, if any, are the sole responsibility of Executive.
Appears in 2 contracts
Samples: Executive Severance Benefits Agreement (Five Prime Therapeutics Inc), Executive Severance Benefits Agreement (Five Prime Therapeutics Inc)
Health Continuation Coverage. (ia) Provided that Executive is eligible and has made the necessary elections for continuation coverage pursuant to COBRA under a health, dental, or vision plan sponsored by the Company, the Company shall pay reimburse Executive for the applicable premiums (inclusive of premiums for Executive’s dependents for such health, dental, or vision plan coverage as in effect immediately prior to the date of the Covered Termination or Covered Termination Following a Change in Control, as applicableControl Termination) for such continued health, dental, or vision plan coverage for Executive and his or her eligible dependents following the date of the Covered Termination or Covered Termination Following a Change in Control, as applicable, Control Termination for up to the number of months equal to the Change in Control Severance Period (but in no event after such time as either (1) Executive is eligible for coverage under a health, dental or vision insurance plan of a subsequent employer or (2) as Executive and his dependents are no longer eligible for COBRA coverage). Such coverage shall be counted as coverage pursuant to COBRA. The Company shall have no obligation in respect of any premium payments (or any other payments in respect of health, dental, or vision coverage from the Company) following the effective date of the Executive’s coverage by a health, dental, or vision insurance plan of a subsequent employer. Executive shall be required to notify the Company immediately if Executive becomes eligible under covered by a health, dental, or vision insurance plan of a subsequent employer. If Executive and his dependents continue coverage pursuant to COBRA following the conclusion of the Change in Control Severance Period, Executive will be responsible for the entire payment of such premiums and any other costs required under COBRA for the duration of the COBRA period. COBRA reimbursement will be timely reimbursed as such premiums are incurred and paid by Executive.
(iib) For purposes of this Section 2.1(b)2.3, (i) references to COBRA shall be deemed to refer also to analogous provisions of state law, and (ii) any applicable insurance premiums that are paid by the Company shall not include any amounts payable by Executive under a Code Section 125 health care reimbursement plan, which amounts, if any, are the sole responsibility of Executive.
Appears in 2 contracts
Samples: Executive Severance Benefits Agreement (Five Prime Therapeutics Inc), Executive Severance Benefits Agreement (Five Prime Therapeutics Inc)
Health Continuation Coverage. (i) Provided that Executive the Participant is eligible for, and has made an election at or timely after the necessary elections for continuation coverage Covered Termination pursuant to COBRA under a health, dental, or vision plan sponsored by the Company, each such Participant shall be entitled to payment by the Company shall pay of all of the applicable premiums (inclusive of premiums for Executivethe Participant’s dependents for such health, dental, or vision plan coverage as in effect immediately prior to the date of the Covered Termination or Covered Termination Following a Change in Control, as applicableTermination) for such continued health, dental, or vision plan coverage for Executive and his or her eligible dependents a period of months following the date of the Covered Termination or Covered Termination Following a Change in Control, as applicable, for up to the number of months equal to two times the Severance Period (but in no event after Period, with such time as either (1) Executive is eligible for coverage under a health, dental or vision insurance plan of a subsequent employer or (2) Executive and his dependents are no longer eligible for COBRA coverage). Such coverage shall be counted as coverage pursuant to COBRA. The Company shall have no obligation in respect of any .
(ii) No such premium payments (or any other payments in respect of for health, dental, or vision coverage from by the Company) shall be made following the Participant’s death or the effective date of the ExecutiveParticipant’s coverage by a health, dental, or vision insurance plan of a subsequent employer. Executive Each Participant shall be required to notify the Company Plan Administrator immediately if Executive the Participant becomes eligible under covered by a health, dental, or vision insurance plan of a subsequent employer. If Executive and his dependents continue coverage pursuant to COBRA following Upon the conclusion of such period of insurance premium payments made by the Severance PeriodCompany, Executive the Participant will be responsible for the entire payment of such premiums and any other costs required under COBRA for the duration of the COBRA period.
(iiiii) For purposes of this Section 2.1(b4(b), (i) references to COBRA shall be deemed to refer also to analogous provisions of state law, and (ii) any applicable insurance premiums that are paid by the Company shall not include any amounts payable by Executive the Participant under a an Internal Revenue Code Section 125 health care reimbursement plan, which amounts, if any, are the sole responsibility of Executivethe Participant.
Appears in 1 contract
Samples: Separation Agreement (Ipass Inc)