Make-Whole Provisions Regarding CalPERS Liabilities. Notwithstanding anything to the contrary in this Agreement, in the event that CalPERS makes a determination contrary to the intent of this Agreement with respect to the status of Transitioned Employees as common law employees of MTC (“Adverse Determination”), MTC agrees to make ABAG and Transitioned Employees whole, and ABAG agrees to make MTC whole, as set forth in this Section 6.2, such that the final financial consequences of the Adverse Determination shall reflect the financial assumptions made at the time this Agreement is executed.
Appears in 4 contracts
Samples: Contract for Services, Contract for Services, Memorandum of Understanding
