Common use of Accrued Paid Time Off Clause in Contracts

Accrued Paid Time Off. Prior to the Separation Time, to the extent required by applicable Law, LiveWire shall solicit in writing the consent of each LiveWire Employee to rollover to LiveWire or another member of the LiveWire Group, such LiveWire Employee’s Accrued PTO as of the Separation Time (the “Rollover Consents”). With respect to each LiveWire Employee who (i) is not required to consent to such a rollover under applicable Law or (ii) timely provides such Rollover Consent to LiveWire and consents to such a rollover, LiveWire shall (directly or through another member of the LiveWire Group) recognize and honor the Accrued PTO credited to each LiveWire Employee by such individual’s employer immediately prior to the Separation Time. To the extent permitted and/or required under applicable Law, the Accrued PTO of any LiveWire Employee who (A) elects in his or her Rollover Consent to receive a payment of his or her Accrued PTO or (B) does not timely provide a Rollover Consent to LiveWire, shall be paid by HD to such individual(s) in a cash lump sum upon the transfer of such individual’s employment between the HD Group and the LiveWire Group prior to the Separation, and, for the avoidance of doubt, HD shall be solely responsible and liable for such payments. Notwithstanding the foregoing, (x) all Accrued PTO shall be used in accordance with the terms and conditions of the post-Separation employer’s applicable policies and programs, to the extent permissible by Law, and (y) any paid-time-off accruals in respect of post-Separation services (if any) shall be made in accordance with the terms and conditions of the post-Separation employer’s applicable policies and programs (except to the extent otherwise provided in an applicable LiveWire Individual Agreement or HD Individual Agreement).

Accrued Paid Time Off. Prior to the Separation TimeDistribution Date, to the extent required by applicable Law, LiveWire RemainCo shall solicit in writing the consent of each LiveWire RemainCo Employee to rollover to LiveWire RemainCo or another member of the LiveWire GroupRemainCo Entity, such LiveWire RemainCo Employee’s Accrued PTO as of the Separation Effective Time (the “Rollover Consents”). With respect to each LiveWire RemainCo Employee who (iw) is not required to consent to such a rollover under applicable Law or (iix) timely provides such Rollover Consent to LiveWire RemainCo and consents to such a rollover, LiveWire RemainCo shall (directly or through another member of the LiveWire GroupRemainCo Entity) recognize and honor the Accrued PTO credited to each LiveWire RemainCo Employee by such individual’s employer immediately prior to the Separation Effective Time. To the extent permitted and/or required under applicable Law, the Accrued PTO of any LiveWire RemainCo Employee who (Ay) elects in his or her Rollover Consent to receive a payment of his or her Accrued PTO or (Bz) does not timely provide a Rollover Consent to LiveWireRemainCo, shall be paid by HD to such individual(s) in a cash lump sum upon the transfer of such individual’s employment between the HD Group RemainCo Entities and the LiveWire Group prior SpinCo Entities in connection with the Internal Distribution and/or the External Distribution. RemainCo shall reimburse SpinCo for any Accrued PTO paid to RemainCo Employees by any SpinCo Entity upon their transfer of employment from any SpinCo Entity to any RemainCo Entity in connection with the Separation, and, for Internal Distribution and/or the avoidance of doubt, HD shall be solely responsible and liable for such paymentsExternal Distribution. Notwithstanding the foregoing, (x) all Accrued PTO shall be used in accordance with the terms and conditions of the post-Separation External Distribution employer’s applicable policies and programs, to the extent permissible by Law, and (y) any paid-time-off accruals in respect of post-Separation External Distribution services (if any) shall be made in accordance with the terms and conditions of the post-Separation External Distribution employer’s applicable policies and programs (except to the extent otherwise provided in an applicable LiveWire SpinCo Individual Agreement or HD RemainCo Individual Agreement).