Transfer of Personnel Records. To the extent permitted by applicable Law, copies of all personnel records and files relating to a Transferring Employee that were created prior to the Distribution Effective Time and that are held by the Cousins Group as of the Distribution Date (the “Transferring Employee Personnel Records”) shall be provided to the New Parkway Group as of the Distribution Date. Until the seventh (7th) anniversary of the Distribution Effective Time, (i) if the New Parkway Group discovers that all or any portion of any Transferring Employee Personnel Records were not provided to the New Parkway Group as of the Distribution Date, to the extent permitted by applicable Law and such Transferring Employee Personnel Records then remain in the possession of the Cousins Group, the Cousins Group shall deliver copies of such omitted Transferring Employee Personnel Records to the New Parkway Group within five (5) business days of the Cousins Group’s receipt of a written request from the New Parkway Group for such Transferring Employee Personnel Records, or (ii) if the Cousins Group discovers that all or any portion of any personnel records and files relating to an individual who is not a Transferring Employee (the “Retained Personnel Records”) were transferred to the New Parkway Group as of the Distribution Date, to the extent permitted by applicable Law and such Retained Personnel Records then remain in the possession of the New Parkway Group, the New Parkway Group shall deliver copies of such omitted Retained Personnel Records to the Cousins Group within five (5) business days of the New Parkway Group’s receipt of a written request from the Cousins Group for such Retained Personnel Records. For the avoidance of doubt, the Cousins Group may retain copies of the Transferring Employee Personnel Records to the extent necessary to administer the Cousins Benefit Plans, Legacy Parkway Benefit Plans, and other obligations related to the Transferring Employees, and in no event shall be required to provide Retained Personnel Records to the New Parkway Group, except to the extent necessary for the New Parkway Group to administer the New Parkway Benefit Plans or to meet its obligations under this Agreement.
Appears in 3 contracts
Samples: Employee Matters Agreement (Cousins Properties Inc), Employee Matters Agreement (Parkway, Inc.), Employee Matters Agreement (Parkway, Inc.)
Transfer of Personnel Records. To the extent permitted by applicable Law, copies of all personnel records and files relating to a Transferring Employee that were created prior to the Distribution Effective Time and that are held by the Cousins Realty Income Group as of the Distribution Date (the “Transferring Employee Personnel Records”) shall be provided to the New Parkway Orion Group as of the Distribution Date. Until the seventh (7th) anniversary of the Distribution Effective Time, (i) if the New Parkway Orion Group discovers that all or any portion of any Transferring Employee Personnel Records were not provided to the New Parkway Orion Group as of the Distribution Date, to the extent permitted by applicable Law and such Transferring Employee Personnel Records then remain in the possession of the Cousins Realty Income Group, the Cousins Realty Income Group shall deliver copies of such omitted Transferring Employee Personnel Records to the New Parkway Orion Group within five (5) business days of the Cousins Realty Income Group’s receipt of a written request from the New Parkway Orion Group for such Transferring Employee Personnel Records, or (ii) if the Cousins Realty Income Group discovers that all or any portion of any personnel records and files relating to an individual who is not a Transferring Employee (the “Retained Personnel Records”) were transferred to the New Parkway Orion Group as of the Distribution Date, to the extent permitted by applicable Law and such Retained Personnel Records then remain in the possession of the New Parkway Orion Group, the New Parkway Orion Group shall deliver copies of such omitted Retained Personnel Records to the Cousins Realty Income Group within five (5) business days of the New Parkway Orion Group’s receipt of a written request from the Cousins Realty Income Group for such Retained Personnel Records. For the avoidance of doubt, the Cousins Realty Income Group may retain copies of the Transferring Employee Personnel Records to the extent necessary to administer the Cousins Realty Income Benefit Plans, Legacy Parkway VEREIT Benefit Plans, and other obligations related to the Transferring Employees, and in no event shall be required to provide Retained Personnel Records to the New Parkway Orion Group, except to the extent necessary for the New Parkway Orion Group to administer the New Parkway Orion Benefit Plans or to meet its obligations under this Agreement.
Appears in 1 contract
Samples: Employee Matters Agreement (Orion Office REIT Inc.)