Common use of Welfare Benefits Generally Clause in Contracts

Welfare Benefits Generally. With respect to Transferred Employees, (i) Parent and its affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (A) claims for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) (“Welfare Benefits”) and for workers’ compensation benefits, in each case that are incurred by or with respect to any Transferred Employee before his or her Transfer Time, and (B) claims relating to health continuation coverage required by Section 4980B of the Code or Part 6 of Subpart B of Title I of ERISA (“COBRA Coverage”) attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur before such U.S. Transferred Employee’s Transfer Time, and (ii) RMT Partner and its affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (A) claims for Welfare Benefits and for workers’ compensation benefits, in each case that are incurred by or with respect to any Transferred Employee after his or her Transfer Time, and (B) claims relating to COBRA Coverage attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur after such U.S. Transferred Employee’s Transfer Time. For purposes of the foregoing, a claim shall be deemed to be incurred as follows: (1) life, accidental death and dismemberment, and business travel accident insurance benefits, upon the death or accident giving rise to such benefits, (2) health, dental and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies, provided that, in the case of any hospital confinement, the provision of such services, materials or supplies shall be deemed to have occurred at the time the relevant hospital stay commenced, and (3) disability or workers’ compensation benefits, upon the occurrence of the injury or condition giving rise to the claim, but in the case of an injury or condition occurring before the Transfer Time, only if such claim is actually filed before the third anniversary of the Transfer Time. In the case of workers’ compensation claims relating to an injury or condition that occurred over a period both preceding and following the Transfer Time, subject to the immediately preceding sentence, the claim shall be the joint responsibility of Parent and RMT Partner and shall be equitably apportioned among them based upon the relative periods of time that the condition or injury transpired preceding and following the Transfer Time.

Welfare Benefits Generally. With respect to Transferred Employees, (ia) Parent Seller and its affiliates Affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (Ai) claims for welfare benefits that are incurred under the type of benefits described in Section 3(1Seller Plans by or with respect to any Transferred Employee before his or her Transfer Date, (ii) of ERISA (whether or not covered by ERISA) (“Welfare Benefits”) and claims for workers’ compensation benefits, in each case that are incurred by or with respect to any Transferred Employee before his or her Transfer TimeDate, and (Biii) claims relating to health continuation coverage required by Section 4980B of the Code or Part 6 of Subpart B of Title I of ERISA (“COBRA Coverage”) attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur before such U.S. Transferred Employee’s Transfer TimeDate and (iv) claims for retiree medical or retiree life benefits arising under the Seller Plans regardless of when incurred (including without limitation, such benefits to be provided pursuant to the terms of this Section 6.4), and (iib) RMT Partner Buyer and its affiliates Affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (Ai) claims for Welfare Benefits and welfare benefits that are incurred under the New Plans by or with respect to any Transferred Employee on or after his or her Transfer Date, (ii) claims for workers’ compensation benefits, in each case that are incurred by or with respect to any Transferred Employee on or after his or her Transfer TimeDate, and (Biii) claims relating to COBRA Coverage attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur on or after such U.S. Transferred Employee’s Transfer TimeDate and (iv) claims for retiree medical or retiree life benefits arising under the New Plans regardless of when incurred (including without limitation, such benefits to be provided pursuant to the terms of this Section 6.4). For purposes of the foregoing, (A) a claim for a welfare benefits shall be deemed to be considered incurred as follows: (1x) disability, life, accidental death and dismemberment, and business travel accident insurance benefits, upon the death death, accident or accident other event giving rise to such benefits, benefits and (2y) health, dental and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies, provided that, in the case of any hospital confinement, the provision of such services, materials or supplies shall be deemed to have occurred at the time the relevant hospital stay commenced, and (3B) disability or a workers’ compensation benefits, upon claim shall be considered incurred before the occurrence of applicable Transfer Date if the injury or condition giving rise to the claimclaim occurs before such Transfer Date, but in the case of an injury or condition occurring before the Transfer Time, only if such claim is actually filed before the third first anniversary of such Transfer Date, or such longer period as coincides with the Transfer Timeapplicable statute of limitations for filing a claim. In the case of a workers’ compensation claims claim relating to an injury or condition that occurred over a period both preceding and following the Transfer TimeDate, subject to the immediately preceding sentence, the claim shall shall, except to the extent inconsistent with Applicable Law or any applicable workers’ compensation insurance policy, be the joint responsibility of Parent Seller and RMT Partner Buyer and shall be equitably apportioned among between them based upon the relative periods of time that the condition or injury transpired preceding and following the Transfer Date. In addition, Seller shall treat Transferred Employees who immediately prior to the Effective Time, have satisfied the age and service requirements, or who are within one year of satisfying the age and service requirements, as eligible for retiree medical and retiree life benefits under the applicable Seller Plan (on a subsidized basis, if such Transferred Employees are in a group to which such subsidy applies under the applicable Seller Plan), and permit them to elect to commence such retiree medical and retiree life benefits at any time on and after their respective Transfer Dates (including without limitation, at the time they terminate employment with Buyer and its Affiliates). Moreover, Transferred Employees who, as of the Transfer Date, are participants in an applicable Seller Plan which provides retiree medical and retiree life benefits on a subsidized basis (and are in a group to which such subsidy applies under the applicable Seller Plan), and have been employees of Seller since prior to 2003, but are more than one (1) year, but not more than ten (10) years, away from satisfying the age and service requirements to commence such retiree medical and retiree life benefits under the applicable Seller Plan, shall be participants in an applicable New Plan which provides retiree medical and retiree life benefits on a subsidized basis, and Buyer shall count the years of service with Seller and its Affiliates (and any predecessors) before such employee’s Transfer Date for purposes of determining the eligibility for such subsidized retiree medical and retiree life benefits and the level of such benefits. Transferred Employees who commenced employment with Seller or its Affiliates on January 1, 2003 or later, shall participate in an applicable New Plan which provides retiree medical and retiree life benefits on an unsubsidized basis to the extent such Transferred Employees were participants in the applicable Seller Plan which provides retiree medical and retiree life benefits, respectively. Notwithstanding any provision of this Agreement to the contrary, nothing herein shall prohibit Seller (or Buyer, as applicable), from amending, modifying or terminating any of their respective post -retirement welfare plans or prevent the application of any such amendment, modification or termination to any Transferred Employee; provided that no such amendment shall treat the Transferred Employees in materially less favorable a manner than similarly situated former employees of Seller (or current or former employees of Buyer, as applicable).

Welfare Benefits Generally. With respect to Transferred Employees, (i) Parent and its affiliates Seller shall be solely responsible in accordance with their applicable welfare benefit plans for for: (A) claims for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) (“Welfare Benefits”) and for workers’ compensation benefitscompensation, in each case that are incurred by or with respect to any Transferred Employee before or his or her spouse, dependent or beneficiary before the applicable Transfer TimeDate, and regardless of whether such claims are made and/or identified prior to or after the Transfer Date; (B) claims for Welfare Benefits and for workers’ compensation, in each case that are incurred by or with respect to any Applicable Employee (or his or her spouse, dependent or beneficiary) who does not become a Transferred Employee, whether incurred before, on or after the Closing Date and (C) claims relating to health continuation coverage required by Section 4980B of COBRA Coverage attributable to “qualifying events” occurring before or on the Code or Part 6 of Subpart B of Title I of ERISA (“Transfer Date, and all claims relating to COBRA Coverage”) Coverage attributable to “qualifying events” with respect to any U.S. Applicable Employee who does not become a Transferred Employee and his or her eligible beneficiaries and dependents that occur before such U.S. Transferred Employee’s occurring before, on, or after the Transfer Time, Date; and (ii) RMT Partner and its affiliates the Companies shall be solely responsible in accordance with their applicable welfare benefit plans for for: (A) claims for Welfare Benefits and for workers’ compensation benefitsworkers compensation, in each case that are incurred by or with respect to any Transferred Employee on or after his the applicable Transfer Date (except to the extent the Transferred Employee or her Transfer Time, any beneficiary or dependent thereof has elected COBRA Coverage under Seller’s Welfare Benefits plans) and (B) claims relating to COBRA Coverage attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her eligible beneficiaries and dependents that occur after the applicable Transfer Date; it being understood by both parties that any such U.S. Transferred Employee’s Transfer Timeliability incurred by Seller after the Closing Date with respect to an Applicable Employee shall be reimbursed by Opco to Seller to the extent provided in the Transition Service Agreement. For purposes of the foregoing, a medical/dental claim shall be deemed to be considered incurred as follows: (1) lifewhen the services are rendered, accidental death and dismembermentthe supplies are provided or medication is prescribed, and business travel accident insurance benefits, upon not when the death or accident giving rise to such benefits, (2) health, dental and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies, provided that, in the case of any hospital confinement, the provision of such services, materials or supplies shall be deemed to have occurred at the time the relevant hospital stay commenced, and (3) condition arose. A disability or workers’ compensation benefits, upon claim shall be considered incurred on or before the occurrence of applicable Transfer Date if the injury or condition giving rise to the claim, but in the case of an injury claim occurs on or condition occurring before the Transfer Time, only if such claim is actually filed before the third anniversary of the Transfer Time. In the case of workers’ compensation claims relating to an injury or condition that occurred over a period both preceding and following the Transfer Time, subject to the immediately preceding sentence, the claim shall be the joint responsibility of Parent and RMT Partner and shall be equitably apportioned among them based upon the relative periods of time that the condition or injury transpired preceding and following the Transfer Timedate.

Welfare Benefits Generally. With respect to Transferred Employees, (i) Parent Subject to Section 9.01(g), Seller and its affiliates Affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (A) claims for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) (“Welfare Benefits”) and for workers’ compensation benefitscompensation, in each case that are incurred by or with respect to any Transferred Employee before his or her Transfer Time, and Date; (B) claims relating to health continuation coverage required by Section 4980B of the Code or Part 6 of Subpart B of Title I of ERISA (“COBRA Coverage”) Coverage attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur before such U.S. Transferred Employee’s Transfer TimeDate; (C) claims for Welfare Benefits and for workers’ compensation, in each case that are incurred by or with respect to any current or former employee of the Xxx Xxxxxx Business who does not become a Transferred Employee, whether incurred before, on or after the Closing Date; and (D) claims relating to COBRA Coverage attributable to “qualifying events” with respect to any Xxx Xxxxxx Business Employee who does not become a Transferred Employee and his or her beneficiaries and dependents, whether occurring before, on or after the Closing Date; and (ii) RMT Partner Buyer and its affiliates Affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (A) claims for Welfare Benefits and for workers’ compensation benefitsworkers compensation, in each case that are incurred by or with respect to any Transferred Employee on or after his or her Transfer TimeDate, and (B) claims relating to COBRA Coverage attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur on or after such U.S. Transferred Employee’s Transfer TimeDate. For purposes of the foregoing, a medical/dental claim shall be deemed to be considered incurred as follows: (1) lifewhen the services are rendered, accidental death and dismembermentthe supplies are provided or the medication is prescribed, and business travel accident insurance benefits, upon not when the death or accident giving rise condition arose; provided that claims relating to such benefits, (2) health, dental and prescription drug benefits (including in respect of any a hospital confinement), upon provision of such services, materials or supplies, provided that, in confinement that begins before the case of any hospital confinement, the provision of such services, materials or supplies Transfer Date but continues thereafter shall be deemed to have occurred at treated as incurred before the time the relevant hospital stay commenced, and (3) Transfer Date. A disability or workers’ compensation benefits, upon claim shall be considered incurred before the occurrence of relevant Transferred Employee’s Transfer Date if the injury or condition giving rise to the claimclaim occurs before such Transfer Date, but in the case of an injury or condition occurring before the Transfer Time, only if such claim is actually filed on or before the third six-month anniversary of the such Transfer Time. In the case of workers’ compensation claims relating to an injury or condition that occurred over a period both preceding and following the Transfer Time, subject to the immediately preceding sentence, the claim shall be the joint responsibility of Parent and RMT Partner and shall be equitably apportioned among them based upon the relative periods of time that the condition or injury transpired preceding and following the Transfer TimeDate.

Welfare Benefits Generally. With respect to Transferred Employees, (i) Parent and its affiliates Seller shall be solely responsible in accordance with their applicable welfare benefit plans for (A) claims and fixed fees for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) (“Welfare Benefits”) and for workers’ compensation benefitscompensation, in each case that are incurred by or with respect to any Transferred Employee before or his or her Transfer Timespouse, and dependent or beneficiary before the Closing Date, regardless of whether such claims are made and/or identified prior to or after the Closing Date; (B) claims and fixed fees for Welfare Benefits and for workers’ compensation, in each case that are incurred by or with respect to any Applicable Employee (or his or her spouse, dependent or beneficiary) who does not become a Transferred Employee, whether incurred before, on or after the Closing Date, and (C) claims and fixed fees relating to health continuation coverage required by Section 4980B of COBRA Coverage attributable to “qualifying events” occurring before or on the Code or Part 6 of Subpart B of Title I of ERISA (“Closing Date, and all claims relating to COBRA Coverage”) Coverage attributable to “qualifying events” with respect to any U.S. Applicable Employee who does not become a Transferred Employee and his or her eligible beneficiaries and dependents that occur before such U.S. Transferred Employee’s Transfer Timeoccurring before, on or after the Closing Date; and (ii) RMT Partner and its affiliates the Companies shall be solely responsible in accordance with their applicable welfare benefit plans for (A) claims and fixed fees for Welfare Benefits and for workers’ compensation benefitscompensation, in each case that are incurred by or with respect to any Transferred Employee on or after his the Closing Date (except to the extent the Transferred Employee or her Transfer Time, any beneficiary or dependent thereof has elected COBRA Coverage under Seller’s Welfare Benefits plans) and (B) claims and fixed fees relating to COBRA Coverage attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her eligible beneficiaries and dependents that occur after the Closing Date; it being understood by both parties that any such U.S. liability incurred by Seller after the Closing Date with respect to a Transferred Employee’s Transfer TimeEmployee shall be reimbursed by Opco to Seller to the extent provided in the Service Agreements. For purposes of the foregoing, a medical/dental claim shall be deemed to be considered incurred as follows: (1) lifewhen the services are rendered, accidental death and dismembermentthe supplies are provided or medication is prescribed, and business travel accident insurance benefits, upon not when the death or accident giving rise to such benefits, (2) health, dental and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies, provided that, in the case of any hospital confinement, the provision of such services, materials or supplies shall be deemed to have occurred at the time the relevant hospital stay commenced, and (3) condition arose. A disability or workers’ compensation benefits, upon claim shall be considered incurred on or before the occurrence of Closing Date if the injury or condition giving rise to the claim, but in the case of an injury claim occurs on or condition occurring before the Transfer Time, only if such claim is actually filed before the third anniversary of the Transfer Time. In the case of workers’ compensation claims relating to an injury or condition that occurred over a period both preceding and following the Transfer Time, subject to the immediately preceding sentence, the claim shall be the joint responsibility of Parent and RMT Partner and shall be equitably apportioned among them based upon the relative periods of time that the condition or injury transpired preceding and following the Transfer Timedate.

Welfare Benefits Generally. With respect to Transferred Employees, (i) Parent SELLER and its affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (A) claims for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) (“Welfare Benefits”) Benefits and for workers’ compensation benefitscompensation, in each case that are incurred by or with respect to any Transferred Employee before his or her Transfer TimeDate, and (B) claims relating to health continuation coverage required by Section 4980B of the Code or Part 6 of Subpart B of Title I of ERISA (“COBRA Coverage”) attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur before such U.S. Transferred Employee’s Transfer TimeDate, and (ii) RMT Partner BUYER and its affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (A) claims for Welfare Benefits and for workers’ compensation benefitsworkers compensation, in each case that are incurred by or with respect to any Transferred Employee on or after his or her Transfer TimeDate, and (B) claims relating to COBRA Coverage attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur on or after such U.S. Transferred Employee’s Transfer TimeDate. For purposes of the foregoing, a medical/dental claim shall be deemed to be considered incurred as follows: (1) lifewhen the services are rendered, accidental death and dismembermentthe supplies are provided or medication is prescribed, and business travel accident insurance benefits, upon not when the death or accident giving rise condition arose; provided that claims for hospital charges relating to a hospital confinement that begins before the applicable Transfer Date but continues thereafter shall be treated as incurred before such benefits, Transfer Date. All claims for other (2non-hospital) health, dental and prescription drug benefits (including in respect of any charges relating to a hospital confinement), upon provision of such services, materials or supplies, provided that, in confinement that begins before the case of any hospital confinementapplicable Transfer Date shall be considered incurred when the services are rendered, the provision of such services, materials supplies are provided or supplies shall be deemed to have occurred at the time the relevant hospital stay commenced, and (3) medication is prescribed. A disability or workers’ compensation benefits, upon claim shall be considered incurred before the occurrence of applicable Transfer Date if the injury or condition giving rise to the claimclaim occurs before such Transfer Date, but in the case of an injury or condition occurring before the Transfer Time, only if such claim is actually filed before the third first anniversary of the such Transfer Time. In the case of workers’ compensation claims relating to an injury or condition that occurred over a period both preceding and following the Transfer Time, subject to the immediately preceding sentence, the claim shall be the joint responsibility of Parent and RMT Partner and shall be equitably apportioned among them based upon the relative periods of time that the condition or injury transpired preceding and following the Transfer TimeDate.

Welfare Benefits Generally. With respect to Transferred Employees, (i) Parent and its affiliates Seller shall be solely responsible in accordance with their applicable welfare benefit plans for for: (A) claims for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) (“Welfare Benefits”) and for workers’ compensation benefitscompensation, in each case that are incurred by or with respect to any Transferred Employee before or his or her spouse, dependent or beneficiary before the applicable Transfer TimeDate, and regardless of whether such claims are made and/or identified prior to or after the Transfer Date; (B) claims for Welfare Benefits and for workers’ compensation, in each case that are incurred by or with respect to any Applicable Employee (or his or her spouse, dependent or beneficiary) who does not become a Transferred Employee, whether incurred before, on or after the Closing Date and (C) claims relating to health continuation coverage required by Section 4980B of COBRA Coverage attributable to “qualifying events” occurring before or on the Code or Part 6 of Subpart B of Title I of ERISA (“Transfer Date, and all claims relating to COBRA Coverage”) Coverage attributable to “qualifying events” with respect to any U.S. Applicable Employee who does not become a Transferred Employee and his or her eligible beneficiaries and dependents that occur before such U.S. Transferred Employee’s occurring before, on, or after the Transfer Time, Date; and (ii) RMT Partner and its affiliates the Companies shall be solely responsible in accordance with their applicable welfare benefit plans for for: (A) claims for Welfare Benefits and for workers’ compensation benefitsworkers compensation, in each case that are incurred by or with respect to any Transferred Employee on or after his the applicable Transfer Date (except to the extent the Transferred Employee or her Transfer Time, any beneficiary or dependent thereof has elected COBRA Coverage under Seller’s Welfare Benefits plans) and (B) claims relating to COBRA Coverage attributable to “qualifying events” with respect to any U.S. Transferred Employee and his or her eligible beneficiaries and dependents that occur after the applicable Transfer Date; it being understood by both parties that any such U.S. Transferred Employee’s Transfer Timeliability incurred by Seller after the Closing Date with respect to an Applicable Employee who becomes a Leased Employee shall be reimbursed by Opco to Seller to the extent provided in the Master Employee Leasing Agreement and, if applicable, the Transition Services Agreement. For purposes of the foregoing, a medical/dental claim shall be deemed to be considered incurred as follows: (1) lifewhen the services are rendered, accidental death and dismembermentthe supplies are provided or medication is prescribed, and business travel accident insurance benefits, upon not when the death or accident giving rise to such benefits, (2) health, dental and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies, provided that, in the case of any hospital confinement, the provision of such services, materials or supplies shall be deemed to have occurred at the time the relevant hospital stay commenced, and (3) condition arose. A disability or workers’ compensation benefits, upon claim shall be considered incurred on or before the occurrence of applicable Transfer Date if the injury or condition giving rise to the claim, but in the case of an injury claim occurs on or condition occurring before the Transfer Time, only if such claim is actually filed before the third anniversary of the Transfer Time. In the case of workers’ compensation claims relating to an injury or condition that occurred over a period both preceding and following the Transfer Time, subject to the immediately preceding sentence, the claim shall be the joint responsibility of Parent and RMT Partner and shall be equitably apportioned among them based upon the relative periods of time that the condition or injury transpired preceding and following the Transfer Timedate.

Welfare Benefits Generally. With respect to Transferred Employees, (i) Parent BPI and its affiliates Affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (Ai) claims for the type of benefits described in Section 3(1) of ERISA (whether or not covered by ERISA) (“Welfare Benefits”) Benefits and for workers’ compensation benefits' compensation, in each case that are incurred by or with respect to any Transferred Employee and his or her beneficiaries and dependents before his or her Transfer Time, and Date; (Bii) claims relating to health continuation COBRA coverage required by Section 4980B of the Code or Part 6 of Subpart B of Title I of ERISA (“COBRA Coverage”) attributable to “"qualifying events” " with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur on or before such U.S. Transferred Employee’s 's Transfer Time, and Date; (ii) RMT Partner and its affiliates shall be solely responsible in accordance with their applicable welfare benefit plans for (Aiii) claims for Welfare Benefits and for workers’ compensation benefits' compensation, in each case that are incurred by or with respect to any Selected Employee who does not become a Transferred Employee and his or her beneficiaries and dependents, regardless of when incurred; and (iv) claims relating to COBRA coverage attributable to "qualifying events" with respect to any Selected Employee who does not become a Transferred Employee and his or her beneficiaries and dependents, regardless of when incurred. Kos and its Affiliates shall be solely responsible for (i) claims for Welfare Benefits and for workers' compensation, in each case that are incurred by or with respect to any Transferred Employee and his or her beneficiaries and dependents on or after his or her Transfer TimeDate, and (Bii) claims relating to COBRA Coverage attributable to “"qualifying events” " with respect to any U.S. Transferred Employee and his or her beneficiaries and dependents that occur after such U.S. Transferred Employee’s 's Transfer TimeDate. For purposes of the foregoing, a medical/dental claim shall be deemed to be considered incurred as follows: (1) lifewhen the services are rendered, accidental death and dismembermentthe supplies are provided or medication is prescribed, and business travel accident insurance benefits, upon not when the death condition arose; provided that claims relating to a hospital confinement that begins on or accident giving rise to such benefits, (2) health, dental and prescription drug benefits (including in respect of any hospital confinement), upon provision of such services, materials or supplies, provided that, in the case of any hospital confinement, the provision of such services, materials or supplies before a Transferred Employee's Transfer Date but continues thereafter shall be deemed to have occurred at the time the relevant hospital stay commenced, and (3) treated as incurred on or before such Transfer Date. A disability or workers’ ' compensation benefits, upon claim shall be considered incurred on or before the occurrence of relevant Transferred Employee's Transfer Date if the injury or condition giving rise to the claim, but in the case of an injury claim occurs on or condition occurring before the such Transfer Time, only if such claim is actually filed before the third anniversary of the Transfer Time. In the case of workers’ compensation claims relating to an injury or condition that occurred over a period both preceding and following the Transfer Time, subject to the immediately preceding sentence, the claim shall be the joint responsibility of Parent and RMT Partner and shall be equitably apportioned among them based upon the relative periods of time that the condition or injury transpired preceding and following the Transfer TimeDate.