Common use of Additional Payment in Lieu of Health Benefit Clause in Contracts

Additional Payment in Lieu of Health Benefit. The Company will pay you a lump-sum cash amount equal to the product of (A) twelve and (B) the monthly amount the Company was paying on behalf of you and your eligible dependents pursuant to the Company’s health insurance plans in which you or your dependents were participants as of the day of your Separation (the “Additional Payment”). Subject to the Company’s having first received an effective Release pursuant to Section 5(a) above, such Additional Payment will be made within 60 days after your Separation; however, if such 60-day period spans two calendar years, then the Additional Payment will be made in the second calendar year. Following release of regulations or other guidance related to enforcement of Section 2716 of the Public Health Service Act, you and the Company agree to review in good faith the benefits described in this Subsection 5(b)(iii) to determine if the Additional Payment can be made in a more tax-efficient manner (or if equivalent, but more tax-efficient, payments or benefits can be substituted for the Additional Payment); provided, however, that no modification will be made that would (i) materially increase the cost to the Company or (ii) result in adverse tax consequences to either party.

Additional Payment in Lieu of Health Benefit. The Company will pay you a lump-sum cash amount equal to the product of (A) twelve twenty-four and (B) the monthly amount the Company was paying on behalf of you and your eligible dependents pursuant to the Company’s health insurance plans in which you or your dependents were participants as of the day of your Separation (the “Additional Payment”). Subject to the Company’s having first received an effective Release pursuant to Section 5(a) above, such Additional Payment will be made within 60 days after your Separation; however, if such 60-day period spans two calendar years, then the Additional Payment will be made in the second calendar year. Following release of regulations or other guidance related to enforcement of Section 2716 of the Public Health Service Act, you and the Company agree to review in good faith the benefits described in this Subsection 5(b)(iii) to determine if the Additional Payment can be made in a more tax-efficient manner (or if equivalent, but more tax-efficient, payments or benefits can be substituted for the Additional Payment); provided, however, that no modification will be made that would (i) materially increase the cost to the Company or (ii) result in adverse tax consequences to either party.