Common use of Post-Distribution Reciprocal Service Crediting Clause in Contracts

Post-Distribution Reciprocal Service Crediting. Each of Duke Energy and Spectra Energy (acting directly or through their respective Affiliates) shall cause each of the Duke Energy Service Plans and the Spectra Energy Service Plans, respectively, to provide the following service crediting rules effective as of the Distribution Date: (i) If a Duke Energy Employee who participates in any of the Duke Energy Service Plans becomes employed by a member of the Spectra Energy Group prior to the first anniversary of the Distribution Date (or such later date as mutually agreed to by the Parties) (the “Service Crediting Date”) and such Duke Energy Employee is continuously employed by the Duke Energy Group from the Distribution Date through the date such Duke Energy Employee commences active employment with a member of the Spectra Energy Group, then such Duke Energy Employee’s service with the Duke Energy Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the appropriate Spectra Energy Service Plans, in each case to the same extent as such Duke Energy Employee’s service with the Duke Energy Group was recognized under the corresponding Duke Energy Service Plans. (ii) If a Duke Energy Employee who participates in any of the Duke Energy Service Plans becomes employed by a member of the Spectra Energy Group either (A) on or after the Service Crediting Date or (B) without having been continuously employed by the Duke Energy Group from the Distribution Date through the date such Duke Energy Employee commences active employment with a member of the Spectra Energy Group, then, except to the extent required by applicable Law, such individual’s service with the Duke Energy Group following the Distribution Date will not be recognized for any purpose under any Spectra Energy Service Plan. (iii) If a Spectra Energy Employee who participates in any of the Spectra Energy Service Plans becomes employed by a member of the Duke Energy Group prior to the Service Crediting Date and such Spectra Energy Employee is continuously employed by the Spectra Energy Group from the Distribution Date through the date such Spectra Energy Employee commences active employment with a member of the Duke Energy Group, then such Spectra Energy Employee’s service with the Spectra Energy Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the appropriate Duke Energy Service Plans, in each case to the same extent as such Spectra Energy Employee’s service with the Spectra Energy Group was recognized under the corresponding Spectra Energy Service Plans. (iv) If a Spectra Energy Employee who participates in any of the Spectra Energy Service Plans becomes employed by a member of the Duke Energy Group either (A) on or after the Service Crediting Date or (B) without having been continuously employed by the Spectra Energy Group from the Distribution Date through the date such Spectra Energy Employee commences active employment with a member of the Duke Energy Group, then the corresponding Duke Energy Service Plans will only take into consideration such individual’s service with the Duke Energy Group and the Spectra Energy Group, in each case, prior to the Distribution Date and, thus, except to the extent required by applicable Law, such Spectra Energy Employee’s service with the Spectra Energy Group following the Distribution Date will not be recognized for any purpose under any Duke Energy Service Plan. (v) Nothing herein shall limit Duke Energy or Spectra Energy or their respective Affiliates from recognizing service in addition to the recognition of service required hereunder.

Post-Distribution Reciprocal Service Crediting. Each of Duke Energy and Spectra Energy GasCo (acting directly or through their respective Affiliates) shall cause each of the Duke Energy Service Plans and the Spectra Energy GasCo Service Plans, respectively, to provide the following service crediting rules effective as of the Distribution Date: (i) If a Duke Energy Employee who participates in any of the Duke Energy Service Plans becomes employed by a member of the Spectra Energy GasCo Group prior to the first anniversary of the Distribution Date (or such later date as mutually agreed to by the Parties) (the “Service Crediting Date”) and such Duke Energy Employee is continuously employed by the Duke Energy Group from the Distribution Date through the date such Duke Energy Employee commences active employment with a member of the Spectra Energy GasCo Group, then such Duke Energy Employee’s service with the Duke Energy Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the appropriate Spectra Energy GasCo Service Plans, in each case to the same extent as such Duke Energy Employee’s service with the Duke Energy Group was recognized under the corresponding Duke Energy Service Plans. (ii) If a Duke Energy Employee who participates in any of the Duke Energy Service Plans becomes employed by a member of the Spectra Energy GasCo Group either (A) on or after the Service Crediting Date or (B) without having been continuously employed by the Duke Energy Group from the Distribution Date through the date such Duke Energy Employee commences active employment with a member of the Spectra Energy GasCo Group, then, except to the extent required by applicable Law, such individual’s service with the Duke Energy Group following the Distribution Date will not be recognized for any purpose under any Spectra Energy GasCo Service Plan. (iii) If a Spectra Energy GasCo Employee who participates in any of the Spectra Energy GasCo Service Plans becomes employed by a member of the Duke Energy Group prior to the Service Crediting Date and such Spectra Energy GasCo Employee is continuously employed by the Spectra Energy GasCo Group from the Distribution Date through the date such Spectra Energy GasCo Employee commences active employment with a member of the Duke Energy Group, then such Spectra Energy GasCo Employee’s service with the Spectra Energy GasCo Group following the Distribution Date shall be recognized for purposes of eligibility, vesting and level of benefits under the appropriate Duke Energy Service Plans, in each case to the same extent as such Spectra Energy GasCo Employee’s service with the Spectra Energy GasCo Group was recognized under the corresponding Spectra Energy GasCo Service Plans. (iv) If a Spectra Energy GasCo Employee who participates in any of the Spectra Energy GasCo Service Plans becomes employed by a member of the Duke Energy Group either (A) on or after the Service Crediting Date or (B) without having been continuously employed by the Spectra Energy GasCo Group from the Distribution Date through the date such Spectra Energy GasCo Employee commences active employment with a member of the Duke Energy Group, then the corresponding Duke Energy Service Plans will only take into consideration such individual’s service with the Duke Energy Group and the Spectra Energy GasCo Group, in each case, prior to the Distribution Date and, thus, except to the extent required by applicable Law, such Spectra Energy GasCo Employee’s service with the Spectra Energy GasCo Group following the Distribution Date will not be recognized for any purpose under any Duke Energy Service Plan. (v) Nothing herein shall limit Duke Energy or Spectra Energy GasCo or their respective Affiliates from recognizing service in addition to the recognition of service required hereunder.