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 Non-U.S. 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 Non-U.S. 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 Non-U.S. 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 Non-U.S. Welfare Plans, such Employee’s prior claim experience under the JDSU Non-U.S. 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 Non-U.S. Welfare Plan ending as of the Distribution Date, as applicable, under the applicable Lumentum Non-U.S. 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 Non-U.S. Welfare Plan.