Common use of Affordable Care Act Compliance Clause in Contracts

Affordable Care Act Compliance. Supplier represents and warrants that with respect to any services provided to PACCAR it complies, and covenants and agrees that it will continue to comply at all times during the term of the Agreement, with all applicable provisions of the Affordable Care Act (defined as the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended, and including any pertinent regulations, rulings, notices or other guidance), including, without limitation, the provisions relating to shared responsibility for employers to offer “minimum essential coverage” that is “affordable” and “minimum value” to “full-time employees” (as those terms are defined in section 4980H of the Internal Revenue Code (“Code”)), and the applicable employer information reporting provisions under Code §§6055 and 6056. Supplier and PACCAR agree that for all purposes including the Affordable Care Act: (i) Supplier is the common law employer (as defined in Treas. Reg. §31.3401(c)-1(b)) of its employees providing services to PACCAR; (ii) each calendar year, Supplier will offer affordable, minimum value, minimum essential coverage to any of its employees who provide services to PACCAR; and (iii) Supplier will not take any contrary position with respect to the foregoing, including, without limitation, before any regulatory agency or in any court proceeding. Although the parties agree that Supplier is the common law employer of its employees providing services to PACCAR, the parties also agree that Supplier’s offer of group health coverage in compliance with the Affordable Care Act satisfies the requirements of Treas. Reg. §54.4980H-4(b)(2) and may be treated as an offer of coverage by PACCAR for all purposes of Code §4980H. Supplier shall require any sub- Suppliers providing services pursuant to the purchase order to comply with this section. Supplier shall provide PACCAR with evidence of Supplier’s compliance, and any sub-supplier’s and subcontractor’s compliance with this section upon PACCAR’s request.

Affordable Care Act Compliance. Supplier represents and warrants that with respect to any services provided to PACCAR it complies, and covenants and agrees that it will continue to comply at all times during the term of the Agreement, with all applicable provisions of the Affordable Care Act (defined as the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended, and including any pertinent regulations, rulings, notices or other guidance)Act, including, without limitation, the provisions relating to shared responsibility for employers to offer “minimum essential coverage” that is “affordable” and “minimum value” to “full-time employees” (as those terms are defined in section 4980H of the Internal Revenue Code (“Code”)), and the applicable employer information reporting provisions under Code §§6055 and 6056). Supplier and PACCAR agree that for all purposes including the Affordable Care Act and Reconciliation Act: (i) Supplier is the common law employer (as defined in Treas. Reg. §31.3401(c)-1(b31.3401(c)-1(c)) of its employees providing services to PACCAR; , and (ii) each calendar year, Supplier will offer affordable, minimum value, minimum essential coverage to any of its employees who provide services to PACCAR; and (iii) Supplier will not take any contrary position with respect to the foregoing, including, without limitation, before any regulatory agency or in any court proceeding. Although the parties agree that Supplier is the common law employer of its employees providing services to PACCAR, the parties also agree that Supplier’s offer of group health coverage in compliance with the Affordable Care Act satisfies the requirements of Treas. Reg. §54.4980H-4(b)(2) and may be treated as an offer of coverage by PACCAR for all purposes of Code §4980H. Supplier shall require any sub- Suppliers providing services pursuant to the purchase order to comply with this section. Supplier shall provide PACCAR with evidence of Supplier’s compliance, and any sub-supplier’s and subcontractorSupplier’s compliance with this section upon PACCAR’s request.