Common use of Special Cash Payments in Lieu of COBRA Premiums Clause in Contracts

Special Cash Payments in Lieu of COBRA Premiums. The foregoing notwithstanding, if FivePrime determines, in its sole discretion, that it cannot pay the COBRA Premiums without a substantial risk of violating applicable law (including Section 2716 of the Public Health Service Act), FivePrime instead shall pay to you, on the first day of each calendar month during the COBRA Premium Period, a fully taxable cash payment equal to the applicable COBRA Premiums for that month (including premiums for you and your eligible dependents who have elected and remain enrolled in such COBRA coverage), subject to applicable tax withholdings (such amount, the “Special Cash Payment”), for the remainder of the COBRA Premium Period. You may, but are not obligated to, use such Special Cash Payments toward the cost of COBRA premiums.

Special Cash Payments in Lieu of COBRA Premiums. The foregoing notwithstandingNotwithstanding the foregoing, if FivePrime the Company determines, in its sole discretion, that it cannot pay the COBRA Premiums without a substantial risk of violating applicable law (including including, without limitation, Section 2716 of the Public Health Service Act), FivePrime the Company instead shall pay to you, on the first day of each calendar month during the COBRA Premium Periodmonth, a fully taxable cash payment equal to the applicable COBRA Premiums premiums for that month (including premiums for you and your eligible dependents who have elected and remain enrolled in such COBRA coverage), subject to applicable tax withholdings (such amount, the “Special Cash Payment”), for the remainder of the COBRA Premium Period. You may, but are not obligated to, use such Special Cash Payments toward the cost of COBRA premiums.Premiums. Jingrong Xxxx Xxx, Ph.D. January 9, 2020

Special Cash Payments in Lieu of COBRA Premiums. The foregoing notwithstandingNotwithstanding the foregoing, if FivePrime the Company determines, in its sole discretion, that it cannot pay the COBRA Premiums without a substantial risk of violating applicable law (including including, without limitation, Section 2716 of the Public Health Service Act), FivePrime the Company instead shall pay to youEmployee, on the first day of each calendar month during the COBRA Premium Periodmonth, a fully taxable cash payment equal to the applicable COBRA Premiums premiums for that month (including premiums for you Employee and your Employee’s eligible dependents who have elected and remain enrolled in such COBRA coverage), subject to applicable tax withholdings (such amount, the “Special Cash Payment”), for the remainder of the COBRA Premium Period. You Employee may, but are is not obligated to, use such Special Cash Payments toward the cost of COBRA premiums.