Common use of Waiver of Conditions; Benefit Maximums Clause in Contracts

Waiver of Conditions; Benefit Maximums. Lumentum shall use commercially reasonable efforts to cause the Lumentum Welfare Plans to: (i) with respect to initial enrollment and coverage of the Lumentum Group Employees as of the Distribution Date, waive (i) all limitations as to preexisting conditions, exclusions, and service conditions with respect to participation and coverage requirements applicable to any such Lumentum Group Employee, other than limitations that were in effect with respect to such Lumentum Group Employee under the applicable JDSU Welfare Plans as of immediately prior to the Distribution Date, and (ii) any waiting period limitation or evidence of insurability requirement applicable to such Lumentum Group Employee other than limitations or requirements that were in effect with respect to such Lumentum Group Employee under the applicable JDSU Welfare Plans as of immediately prior to the Distribution Date; and (ii) for any Lumentum Group Employee, take into account, (i) with respect to monthly, annual, lifetime, or similar maximum benefits available under the Lumentum Welfare Plans, such Employee’s prior claim experience under the JDSU Welfare Plan; and (ii) any eligible expenses incurred by such Employee and his or her covered dependents during the portion of the plan year of the applicable JDSU Welfare Plan ending as of the Distribution Date, as applicable, under the applicable Lumentum Welfare Plan for purposes of satisfying all deductible, coinsurance, and maximum out-of-pocket requirements applicable to such Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by JDSU for similar purposes prior to the Distribution Date and as if such amounts had been paid in accordance with such Lumentum Welfare Plan.

Waiver of Conditions; Benefit Maximums. Lumentum C2 shall use commercially reasonable efforts to cause the Lumentum C2 Welfare Plans to: (i) with respect to initial enrollment and coverage of the Lumentum Group Employees as of the Distribution DateEffective Time, waive (ix) all limitations as to preexisting conditions, exclusions, and service conditions with respect to participation and coverage requirements applicable to any such Lumentum C2 Group Employee, other than limitations that were in effect with respect to such Lumentum the C2 Group Employee under the applicable JDSU Pre-Separation CIT Welfare Plans Plan as of immediately prior to the Distribution DateEffective Time, and (iiy) any waiting period limitation or evidence of insurability requirement applicable to such Lumentum a C2 Group Employee other than limitations or requirements that were in effect with respect to such Lumentum C2 Group Employee under the applicable JDSU Pre-Separation CIT Welfare Plans as of immediately prior to the Distribution DateEffective Time; and (ii) for any Lumentum Group Employee, take into account, account (ix) with respect to monthly, aggregate annual, lifetime, or similar maximum benefits available under the Lumentum C2 Welfare Plans, such a C2 Group Employee’s prior claim experience under the JDSU CIT Welfare PlanPlans and any Benefit Plan that provides leave benefits; and (iiy) any eligible expenses incurred by such a C2 Group Employee and his or her covered dependents during the portion of the plan year of the applicable JDSU CIT Welfare Plan ending as of the Distribution Date, as applicable, Effective Time to be taken into account under the applicable Lumentum such C2 Welfare Plan for purposes of satisfying all deductible, coinsurance, and maximum out-of-pocket requirements applicable to such C2 Group Employee and his or her covered dependents for the applicable plan year to the same extent as such expenses were taken into account by JDSU CIT for similar purposes prior to the Distribution Date and Effective Time as if such amounts had been paid in accordance with such Lumentum C2 Welfare Plan.