Common use of Allocation of Health and Welfare Plan Liabilities Clause in Contracts

Allocation of Health and Welfare Plan Liabilities. All outstanding Liabilities relating to, arising out of, or resulting from health and welfare coverage or claims incurred by or on behalf of 2seventy Employees or their covered dependents under the bluebird Health and Welfare Plans on or before the Distribution Effective Time shall be retained by bluebird. Any Liabilities relating to, arising out of, or resulting from health and welfare coverage or claims incurred by or on behalf of 2seventy Employees or their covered dependents under the bluebird Health and Welfare Plans following the Distribution Effective Time shall be assumed by 2seventy; provided, however, that to the extent such a Liability is covered under an insurance policy maintained with respect to a bluebird Health and Welfare Plan regardless of when the Liability arises, and such Liability is not covered under an insurance policy maintained with respect to a 2seventy Health and Welfare Plan, such Liability shall be retained by bluebird to the extent of such coverage; and provided further, however, that to the extent that bluebird receives prior to the Distribution Effective Time an invoice from a service provider billing bluebird for a service or product relating to health or welfare coverage for 2seventy Employees or their covered dependents following the Distribution Effective Time, bluebird shall be responsible for paying such invoice and 2seventy shall reimburse bluebird for any amount paid by bluebird. For the avoidance of doubt, the working rates will be used for reimbursement for the self-insured dental. For purposes of this Agreement, a claim shall be incurred upon the date upon which service or product giving rise to the Liability was provided. Any payments, repayments, reimbursements or credits consisting of, or representing, dividends, demutualizations, premium refunds, rebates, subrogation or similar reimbursements, overpayments, class action recoveries, or like payments under, or relating to, any bluebird Health or Welfare Plan whenever occurring shall remain the property solely of bluebird and neither 2seventy, any 2seventy Group member nor any 2seventy Participant shall have any interest in or right to such bluebird property.

Allocation of Health and Welfare Plan Liabilities. All outstanding Liabilities relating to, arising out of, of or resulting from health and welfare coverage or claims incurred by or on behalf of 2seventy Mural Employees or their covered dependents under the bluebird Alkermes Health and Welfare Plans on or before the Distribution Effective Time shall be retained by bluebirdthe Alkermes Group. Any Liabilities relating to, arising out of, of or resulting from health and welfare coverage or claims incurred by or on behalf of 2seventy Mural Employees or their covered dependents under the bluebird Alkermes Health and Welfare Plans following the Distribution Effective Time shall be assumed by 2seventya member of the Mural Group; provided, however, that to the extent such a Liability is covered under an insurance policy maintained with respect to a bluebird an Alkermes Health and Welfare Plan regardless of when the Liability arises, and such Liability is not covered under an insurance policy maintained with respect to a 2seventy Mural Health and Welfare Plan, such Liability shall be retained by bluebird the Alkermes Group to the extent of such coverage; and provided further, however, that to the extent that bluebird the Alkermes Group receives prior to the Distribution Effective Time an invoice from a service provider billing bluebird the Alkermes Group for a service or product relating to health or welfare coverage for 2seventy Mural Employees or their covered dependents following the Distribution Effective Time, bluebird the Alkermes Group shall be responsible for paying such invoice and 2seventy a member of the Mural Group shall reimburse bluebird the Alkermes Group for any amount paid by bluebirdthe Alkermes Group. For the avoidance of doubt, the working rates will be used for reimbursement for the self-insured dental. For purposes of this Agreement, a claim shall be incurred upon the date upon which service or product giving rise to the Liability was provided. Any payments, repayments, reimbursements or credits consisting of, or representing, dividends, demutualizations, premium refunds, rebates, subrogation or similar reimbursements, overpayments, class action recoveries, recoveries or like payments under, or relating to, any bluebird Alkermes Health or Welfare Plan whenever occurring shall remain the property solely of bluebird Alkermes and neither 2seventyMural, any 2seventy Mural Group member nor any 2seventy Mural Participant shall have any interest in or right to such bluebird Alkermes property.

Allocation of Health and Welfare Plan Liabilities. All outstanding Liabilities relating to, arising out of, or resulting from health and welfare coverage or claims incurred by or on behalf of 2seventy Cyclerion Employees or their covered dependents under the bluebird Ironwood Health and Welfare Plans on or before the Distribution Effective Time shall be retained by bluebirdIronwood. Any Liabilities relating to, arising out of, or resulting from health and welfare coverage or claims incurred by or on behalf of 2seventy Cyclerion Employees or their covered dependents under the bluebird Ironwood Health and Welfare Plans following the Distribution Effective Time shall be assumed by 2seventyCyclerion; provided, however, that to the extent such a Liability is covered under an insurance policy maintained with respect to a bluebird an Ironwood Health and Welfare Plan regardless of when the Liability arises, and such Liability is not covered under an insurance policy maintained with respect to a 2seventy Cyclerion Health and Welfare Plan, such Liability shall be retained by bluebird Ironwood to the extent of such coverage; and provided further, however, that to the extent that bluebird Ironwood receives prior to the Distribution Effective Time an invoice from a service provider billing bluebird Ironwood for a service or product relating to health or welfare coverage for 2seventy Cyclerion Employees or their covered dependents following the Distribution Effective Time, bluebird Ironwood shall be responsible for paying such invoice and 2seventy Cyclerion shall reimburse bluebird Ironwood for any amount paid by bluebird. For the avoidance of doubt, the working rates will be used for reimbursement for the self-insured dentalIronwood. For purposes of this Agreement, a claim shall be incurred upon the date upon which service or product giving rise to the Liability was provided. Any payments, repayments, reimbursements or credits consisting of, or representing, dividends, demutualizations, premium refunds, rebates, subrogation or similar reimbursements, overpayments, class action recoveries, or like payments under, or relating to, any bluebird Ironwood Health or Welfare Plan whenever occurring shall remain the property solely of bluebird Ironwood and neither 2seventyCyclerion, any 2seventy Cyclerion Group member nor any 2seventy Cyclerion Participant shall have any interest in or right to such bluebird Ironwood property.

Allocation of Health and Welfare Plan Liabilities. All outstanding Liabilities relating to, arising out of, or resulting from health and welfare coverage or claims incurred by or on behalf of 2seventy Cyclerion Employees or their covered dependents under the bluebird Ironwood Health and Welfare Plans on or before the Distribution Effective Time shall be retained by bluebirdIronwood. Any Liabilities relating to, arising out of, or resulting from health and welfare coverage or claims incurred by or on behalf of 2seventy Cyclerion Employees or their covered dependents under the bluebird Ironwood Health and Welfare Plans following the Distribution Effective Time shall be assumed by 2seventyCyclerion; provided, however, that to the extent such a Liability is covered under an insurance policy maintained with respect to a bluebird an Ironwood Health and Welfare Plan regardless of when the Liability arises, and such Liability is not covered under an insurance policy maintained with respect to a 2seventy Cyclerion Health and Welfare Plan, such Liability shall be retained by bluebird Ironwood to the extent of such coverage; and provided further, however, that to the extent that bluebird Ironwood receives prior to the Distribution Effective Time an invoice from a service provider billing bluebird Ironwood for a service or product relating to health or welfare coverage for 2seventy FOIA Confidential Treatment Requested by Cyclerion Therapeutics, Inc. Pursuant to 17 CFR 200.83 Cyclerion Employees or their covered dependents following the Distribution Effective Time, bluebird Ironwood shall be responsible for paying such invoice and 2seventy Cyclerion shall reimburse bluebird Ironwood for any amount paid by bluebird. For the avoidance of doubt, the working rates will be used for reimbursement for the self-insured dentalIronwood. For purposes of this Agreement, a claim shall be incurred upon the date upon which service or product giving rise to the Liability was provided. Any payments, repayments, reimbursements or credits consisting of, or representing, dividends, demutualizations, premium refunds, rebates, subrogation or similar reimbursements, overpayments, class action recoveries, or like payments under, or relating to, any bluebird Ironwood Health or Welfare Plan whenever occurring shall remain the property solely of bluebird Ironwood and neither 2seventyCyclerion, any 2seventy Cyclerion Group member nor any 2seventy Cyclerion Participant shall have any interest in or right to such bluebird Ironwood property.