Common use of Reimbursement Account Plan Clause in Contracts

Reimbursement Account Plan. Effective as of the Distribution Date, Spectra Energy (acting directly or through its Affiliates) shall have established a health and dependent care reimbursement account plan (the “Spectra Energy Reimbursement Account Plan”) with features that are comparable to those contained in the health and dependent care reimbursement account plan maintained by Duke Energy for the benefit of Spectra Energy Participants immediately prior to the Distribution Date (the “Duke Energy Reimbursement Account Plan”). Duke Energy shall retain the Liability for administering under the Duke Energy Reimbursement Account Plan all reimbursement claims of Duke Energy Participants and Spectra Energy Participants with respect to calendar year 2006, whether arising before, on, or after the Distribution Date. With respect to Spectra Energy Participants, Spectra Energy (acting directly or through its Affiliates) shall assume responsibility for administering under the Spectra Energy Reimbursement Account Plan all reimbursement claims of Spectra Energy Participants with respect to calendar year 2007, whether arising before, on, or after the Distribution Date. No more than 45 days following the Distribution Date (or such later time as mutually agreed by the Parties), Duke Energy shall cause to be transferred to Spectra Energy an amount in cash, cash-like securities or other cash equivalents equal to the sum of all contributions (if any) to the Duke Energy Reimbursement Account Plan made with respect to calendar year 2007 by or on behalf of any Spectra Energy Participant prior to the Distribution Date.

Reimbursement Account Plan. Effective as of the Distribution Date, Spectra Energy GasCo (acting directly or through its Affiliates) shall have established a health and dependent care reimbursement account plan (the “Spectra Energy GasCo Reimbursement Account Plan”) with features that are comparable to those contained in the health and dependent care reimbursement account plan maintained by Duke Energy for the benefit of Spectra Energy GasCo Participants immediately prior to the Distribution Date (the “Duke Energy Reimbursement Account Plan”). Duke Energy shall retain the Liability for administering under the Duke Energy Reimbursement Account Plan all reimbursement claims of Duke Energy Participants and Spectra Energy GasCo Participants with respect to calendar year 2006, whether arising before, on, or after the Distribution Date. With respect to Spectra Energy GasCo Participants, Spectra Energy GasCo (acting directly or through its Affiliates) shall assume responsibility for administering under the Spectra Energy GasCo Reimbursement Account Plan all reimbursement claims of Spectra Energy GasCo Participants with respect to calendar year 2007, whether arising before, on, or after the Distribution Date. No more than 45 days following the Distribution Date (or such later time as mutually agreed by the Parties), Duke Energy shall cause to be transferred to Spectra Energy GasCo an amount in cash, cash-like securities or other cash equivalents equal to the sum of all contributions (if any) to the Duke Energy Reimbursement Account Plan made with respect to calendar year 2007 by or on behalf of any Spectra Energy GasCo Participant prior to the Distribution Date.