Common use of Liability for Claims Clause in Contracts

Liability for Claims. Except as otherwise provided herein, as of the Cut-off Date, Manor Care or a Retained Subsidiary shall assume or retain and shall be responsible for, or cause its insurance carriers or HMOs to be responsible for, all liabilities and obligations related to claims incurred through December 31, 1996 in respect of any Employee (whether such claims are asserted before or after December 31, 1996) under any Manor Care Welfare Plan and shall be responsible for claims incurred after December 31, 1996 in respect of any Retained Individual or Terminee under any Manor Care Welfare Plan, and Choice and the Choice Subsidiaries shall have no liability or obligation with respect thereto, except to make contributions to Manor Care in respect of such coverage of Choice Individuals as provided below. Notwithstanding the foregoing, with respect to the pre-tax medical and dependent care programs, Manor Care will retain any funds remaining on January 1, 1997 to pay for any claims incurred under such programs on or prior to December 31, 1996. After all such claims have been paid, Manor Care shall be entitled to retain any remaining funds attributable to the pre-tax medical and dependent care programs.

Liability for Claims. Except as otherwise provided herein, as of -------------------- the Cut-off Date, Manor Care Sunburst or a Retained Subsidiary shall assume or retain and shall be responsible for, or cause its insurance carriers or HMOs to be responsible for, all liabilities and obligations related to claims incurred through December 31, 1996 1997 in respect of any Employee (whether such claims are asserted before or after December 31, 19961997) under any Manor Care Sunburst Welfare Plan and shall be responsible for claims incurred after December 31, 1996 1997 in respect of any Retained Individual or Terminee under any Manor Care Sunburst Welfare Plan, and Choice and the Choice Subsidiaries shall have no liability or obligation with respect thereto, except to make contributions to Manor Care Sunburst in respect of such coverage of Choice Individuals as provided below. Notwithstanding the foregoing, with respect to the pre-tax medical and dependent care programs, Manor Care Sunburst will retain any funds remaining on January 1, 1997 1998 to pay for any claims incurred under such programs on or prior to December 31, 19961997. After all such claims have been paid, Manor Care Sunburst shall be entitled to retain any remaining funds attributable to the pre-tax medical and dependent care programs.