Common use of Pre-Distribution Date Claims Clause in Contracts

Pre-Distribution Date Claims. Except as set forth below, all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by a Spectra Energy Employee or Former Spectra Energy Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date shall be retained by Spectra Energy. Notwithstanding the foregoing, Spectra Energy shall not assume or retain any workers’ compensation Liability relating to, arising out of, or resulting from any claim by a Spectra Energy Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, while such Spectra Energy Employee was employed by any member of the Duke Energy Group (such a claim, a “Duke Energy Retained Claim”). All workers’ compensation Liabilities relating to, arising out of, or resulting from (i) any Duke Energy Retained Claim or (ii) any claim by a Duke Energy Employee or Former Duke Energy Employee that results from an accident, incident, or event occurring, or from an occupational disease which becomes manifest before the Distribution Date shall be retained by Duke Energy.

Pre-Distribution Date Claims. Except as set forth below, all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by a Spectra Energy GasCo Employee or Former Spectra Energy GasCo Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date shall be retained by Spectra EnergyGasCo. Notwithstanding the foregoing, Spectra Energy GasCo shall not assume or retain any workers’ compensation Liability relating to, arising out of, or resulting from any claim by a Spectra Energy GasCo Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, while such Spectra Energy GasCo Employee was employed by any member of the Duke Energy Group (such a claim, a “Duke Energy Retained Claim”). All workers’ compensation Liabilities relating to, arising out of, or resulting from (i) any Duke Energy Retained Claim or (ii) any claim by a Duke Energy Employee or Former Duke Energy Employee that results from an accident, incident, or event occurring, or from an occupational disease which becomes manifest before the Distribution Date shall be retained by Duke Energy.