Common use of Healthcare Coverage Clause in Contracts

Healthcare Coverage. If the Executive's employment with the Company is terminated by the Company for any reason other than due to the Executive's death or Disability or for Cause, the Company will reimburse the Executive for the premium paid by the Executive for continued coverage for the Executive (and any dependents of the Executive covered by the Company's healthcare plans at the time the Executive's employment was terminated) under the Company's healthcare plan pursuant to "COBRA" (or any other mandatory healthcare continuation law then in effect), such coverage then being substantially similar to that provided by the Company to its senior executives and their eligible dependents. The Executive will be entitled to reimbursement for such coverage for the period commencing with the date of termination of employment and ending on the earlier of (i) the second anniversary of termination of employment, or (ii) the date the Executive becomes eligible to receive any healthcare coverage from another employer of the Executive or Executive's spouse, or any governmental entity, that does not contain any exclusion or limitation with respect to any pre-existing condition of the Executive or Executive's covered dependents. If the Executive (or Executive's dependents covered at the time of termination of employment) elects not to continue coverage under COBRA (or any other mandatory healthcare continuation law then in effect) or is not eligible to continue coverage under such healthcare continuation law, and is otherwise eligible under this Section 5(d), the Company will reimburse the Executive for the cost of purchasing substantially similar coverage or a supplement required to achieve substantially similar coverage under another arrangement approved by the Company for the same period; however, such reimbursement shall be limited to the then current premium charged to others by the Company for substantially similar coverage under COBRA (or other mandatory healthcare continuation law then in effect). Any amount payable to the Executive shall be subject to withholding of applicable taxes as provided in Section 13 hereof. In the event of Executive's death following termination giving rise to the benefit described in this Section 5(d), but before the expiration of such benefits, Executive's dependents shall be entitled to such benefits.

Appears in 4 contracts

Samples: Employment Agreement (Service Merchandise Co Inc), Employment Agreement (Service Merchandise Co Inc), Employment Agreement (Service Merchandise Co Inc)

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Healthcare Coverage. If the Executive's employment with the Company is terminated by the Company for any reason other than due to the Executive's death or Disability or for Cause, the Company will reimburse the Executive for the premium paid by the Executive for continued coverage for the Executive (and any dependents of the Executive covered by the Company's healthcare plans at the time the Executive's employment was terminated) under the Company's healthcare plan pursuant to "COBRA" (or any other mandatory healthcare continuation law then in effect), such coverage then being substantially similar to that provided by the Company to its senior executives and their eligible dependents. The Executive will be entitled to reimbursement for such coverage for the period commencing with the date of termination of employment Employment and ending on the earlier of (i) the second anniversary of termination of employment, or (ii) the date the Executive becomes eligible to receive any healthcare coverage from another employer of the Executive or Executive's spouse, or any governmental entity, that does not contain any exclusion or limitation with respect to any pre-existing preexisting condition of the Executive or Executive's covered dependents. If the Executive (or Executive's dependents covered at the time of termination of employment) elects not to continue coverage under COBRA (or any other mandatory healthcare continuation law then in effect) or is not eligible to continue coverage under such healthcare continuation law, and is otherwise eligible under this Section 5(d), the Company will reimburse the Executive for the cost of purchasing substantially similar coverage or a supplement required to achieve substantially similar coverage under another arrangement approved by the Company for the same period; however, such reimbursement shall be limited to the then current premium charged to others by the Company for substantially similar coverage under COBRA (or other mandatory healthcare continuation law then in effect). Any amount payable to the Executive shall be subject to withholding of applicable taxes as provided in Section 13 hereof. In the event of Executive's death following termination giving rise to the benefit described in this Section 5(d), but before the expiration of such benefits, Executive's dependents shall be entitled to such benefits.

Appears in 1 contract

Samples: Employment Agreement (Service Merchandise Co Inc)

Healthcare Coverage. If At the expiration of the term of this Agreement or if the Executive's employment with the Company is terminated by the Company for any reason other than due to the Executive's death Death or Disability or for CauseDisability, the Company will reimburse the Executive for the any premium paid by the Executive for the continued coverage for the Executive (and any dependents of the Executive covered by the Company's healthcare plans at the time the Executive's employment was terminated) under the Company's healthcare plan pursuant to "COBRA" (or any other mandatory healthcare continuation law then in effect), such coverage then being substantially similar to that provided by the Company to its senior executives and their eligible dependents. The Executive will be entitled to reimbursement for such coverage for the a period commencing with the date of termination of from employment and ending on the earlier of (i) the second anniversary of termination of employment, or (ii) the date the Executive becomes eligible to receive any healthcare coverage from another employer of the Executive or the Executive's spouse, or any governmental entity, that does not contain any exclusion or limitation with respect to any pre-existing condition of the Executive or the Executive's covered dependents. If the Executive (or the Executive's dependents covered at the time of termination of from employment) elects not to continue coverage under COBRA (or any other mandatory healthcare continuation law then in effect) or is not eligible to continue coverage under such healthcare continuation law), and is otherwise eligible under this Section 5(d)Section, the Company will reimburse the Executive for the cost of purchasing substantially similar coverage or a supplement required to achieve substantially similar coverage under another arrangement approved by the Company for the same time period; however, such reimbursement shall be limited to the then current premium charged to others by the Company for substantially similar coverage under COBRA (or other mandatory healthcare continuation law then in effect). Any amount payable to the Executive shall be subject to withholding of applicable taxes as provided in Section 13 8 hereof. In the event of the Executive's death following termination giving rise to the benefit described in this Section 5(d)Section, but before the expiration of such benefits, Executive's dependents shall be entitled to such benefits.

Appears in 1 contract

Samples: Employment Agreement (Service Merchandise Co Inc)

Healthcare Coverage. If Executive and his spouse and children will continue to participate in family coverage (including vision and dental coverage) offered under Navidea’s group health plan, on the Executive's employment same terms and conditions that are applicable to other executive employees of Navidea during the term of the Consulting Agreement, and for a period of eighteen (18) months thereafter will provide continuation of benefits under COBRA in comformity with the Company is terminated by terms of the Company for any reason other than due group health plan. Notwithstanding the foregoing, if Navidea reasonably determines that such a continuation of health coverage may not be exempt from federal income tax, Executive shall pay to Navidea an amount equal to the stated taxable cost of such coverage, and following the expiration of the such eighteen (18) month period, Executive shall receive from Navidea a reimbursement of the amounts paid by Executive's death or Disability or for Cause. Further notwithstanding the foregoing, in the Company will event that such a continuation of coverage cannot be made available after the end of the period during which continuation coverage is generally available under Navidea’s group health plan, Navidea shall assist Executive in finding other comparable coverage and shall reimburse the Executive for the premium paid by costs of such coverage so as to make the net benefit to Executive for of such other continued coverage for consistent, to the Executive (and any dependents of extent reasonably possible, with the Executive covered by coverage that was available under Navidea’s group health plan during the Company's healthcare plans at the time the Executive's employment was terminated) under the Company's healthcare plan pursuant to "COBRA" (or any other mandatory healthcare continuation law then in effect), period such coverage then being substantially similar was permitted to that be continued, with such reimbursement to be provided by the Company to its senior executives and their eligible dependents. The Executive will be entitled to reimbursement for such coverage for the period commencing in a manner consistent with the date requirements of termination of employment and ending on Treasury Regulation Section 1.409A-3(i)(iv). Any such reimbursements shall be subject to the earlier of following conditions: (i) the second anniversary benefits or payments provided during any taxable year of termination of employment, Executive may not affect the benefits or payments to be provided to Executive in any other taxable year; (ii) reimbursement of any eligible expense must be made on or before the date the Executive becomes eligible to receive any healthcare coverage from another employer last day of the Executive Executive’s taxable year following the taxable year in which the expense was incurred; and (iii) the right to such benefits or Executive's spouse, or any governmental entity, that does not contain any exclusion or limitation with respect to any pre-existing condition of the Executive or Executive's covered dependents. If the Executive (or Executive's dependents covered at the time of termination of employment) elects not to continue coverage under COBRA (or any other mandatory healthcare continuation law then in effect) or payments is not eligible to continue coverage under such healthcare continuation law, and is otherwise eligible under this Section 5(d), the Company will reimburse the Executive for the cost of purchasing substantially similar coverage or a supplement required to achieve substantially similar coverage under another arrangement approved by the Company for the same period; however, such reimbursement shall be limited to the then current premium charged to others by the Company for substantially similar coverage under COBRA (or other mandatory healthcare continuation law then in effect). Any amount payable to the Executive shall be subject to withholding of applicable taxes as provided in Section 13 hereof. In the event of Executive's death following termination giving rise to the liquidation or exchange for another benefit described in this Section 5(d), but before the expiration of such benefits, Executive's dependents shall be entitled to such benefitsor payment.

Appears in 1 contract

Samples: Separation Agreement (Navidea Biopharmaceuticals, Inc.)

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Healthcare Coverage. If the Executive's employment with the Company is terminated by the Company for any reason other than due to the Executive's death or Disability or for Cause, the Company will reimburse the Executive for the premium paid by the Executive for continued coverage for the Executive (and any dependents of the Executive covered by the Company's healthcare plans at the time the Executive's employment was terminated) under the Company's healthcare plan pursuant to "COBRA" (or any other mandatory healthcare continuation law then in effect), such coverage then being substantially similar to that provided by the Company to its senior executives and their eligible dependents. The Executive will be entitled to reimbursement for such coverage for the period commencing with the date of termination of employment and ending on the earlier of (i) the second anniversary of termination of employment, or (ii) the date the Executive becomes eligible to receive any healthcare coverage from another employer of the Executive or Executive's spouse, or any governmental entity, that does not contain any exclusion or limitation with respect to any pre-existing condition of the Executive or Executive's covered dependents. If the Executive (or Executive's dependents covered at the time of termination of employment) elects not to continue coverage under COBRA (or any other mandatory healthcare continuation law then in effect) or is not eligible to continue coverage under such healthcare continuation law, and is otherwise eligible under this Section 5(dl(d), the Company will reimburse the Executive for the cost of purchasing substantially similar coverage or a supplement required to achieve substantially similar coverage under another arrangement approved by the Company for the same period; however, such reimbursement shall be limited to the then current premium charged to others by the Company for substantially similar coverage under COBRA (or other mandatory healthcare continuation law then in effect). Any amount payable to the Executive shall be subject to withholding of applicable taxes as provided in Section 13 9 hereof. In the event of Executive's death following termination giving rise to the benefit described in this Section 5(dl(d), but before the expiration of such benefits, Executive's dependents shall be entitled to such benefits.

Appears in 1 contract

Samples: Employment Agreement (Service Merchandise Co Inc)

Healthcare Coverage. If the Executive's employment with the Company is terminated by the Company for any reason other than due to the Executive's death or Disability or for Cause, the Company will reimburse the Executive for the premium paid by the Executive for continued coverage for the Executive (and any dependents of the Executive covered by the Company's healthcare plans at the time the Executive's employment was terminated) under the Company's healthcare plan pursuant to "COBRA" (or any other mandatory healthcare continuation law then in effect), such coverage then being substantially similar to that provided by the Company to its senior executives and their eligible dependents. The Executive will be entitled to reimbursement for such coverage for the period commencing with the date of termination of employment and ending on the earlier of (i) the second anniversary of termination of employment, employment or (ii) the date the Executive becomes eligible to receive any healthcare coverage from another employer of the Executive or Executive's spouse, or any governmental entity, that does not contain any exclusion or limitation with respect to any pre-existing condition of the Executive or Executive's covered dependents. If the Executive (or Executive's dependents covered at the time of termination of employment) elects not to continue coverage under COBRA (or any other mandatory healthcare continuation law then in effect) or is not eligible to continue coverage under such healthcare continuation law, and is otherwise eligible under this Section 5(d), the Company will reimburse the Executive for the cost of purchasing substantially similar coverage or a supplement required to achieve substantially similar coverage under another arrangement approved by the Company for the same period; however, such reimbursement shall be limited to the then current premium charged to others by the Company for substantially similar coverage under COBRA (or other mandatory healthcare continuation law then in effect). Any amount payable to the Executive shall be subject to withholding of applicable taxes as provided in Section 13 hereof. In the event of Executive's death following termination giving rise to the benefit described in this Section 5(d), but before the expiration of such benefits, Executive's dependents shall be entitled to such benefits.

Appears in 1 contract

Samples: Employment Agreement (Service Merchandise Co Inc)

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