Common use of Additional Employees Clause in Contracts

Additional Employees. Should further employees be transferred to the Purchaser in accordance with § 613 a BGB, due to the implementation of this Agreement, in addition to the Employees to be Transferred (hereafter “Additional Employees”), the Seller shall bear all costs resulting from the employment and the termination of the contracts of employment of the Additional Employees, including, salary, pension claims, any termination indemnities, as well as obligations in connection with holidays not taken, working time credits, fixed and variable remuneration, holiday and Christmas bonuses and other special payments, and shall indemnify the Purchaser of any such costs. The Purchaser shall immediately terminate the employment relationships of these employees at the expense of the Seller, provided that this is legally possible and unless it notifies the Seller in writing that it wishes to retain the employees concerned, in which case, the Seller shall not be obliged to bear any costs. Should a termination indemnity be paid without any legal obligation on the termination of the employment relationships that exceeds what is required by law or the relevant contract of employment, the Seller shall only be required to refund these costs should they have consented, acting reasonably, to the amount of the termination indemnity beforehand. No consent shall be required should the termination indemnity be paid as part of an equalisation of interests.