Common use of Allocation of Liabilities Clause in Contracts

Allocation of Liabilities. (a) The D&B Group shall retain responsibility for and continue to pay all expenses and benefits relating to the D&B Employee Benefit Welfare Plans with respect to (i) claims incurred prior to the Effective Time by D&B Pre-Distribution Employees and their covered dependents and (ii) claims incurred from and after the Effective Time by D&B Post-Distribution Employees, D&B Retirees and D&B Disabled Employees. The Cognizant Group shall be responsible for and pay expenses and benefits relating to all Employee Benefit Welfare Plan claims incurred by Cognizant Employees and their covered dependents from and after the Effective Time. The ACNielsen Group shall be responsible for and pay expenses and benefits relating to all Employee Benefit Welfare Plan claims incurred by ACNielsen Employees and their covered dependents from and after the Effective Time. For purposes of this paragraph, a claim is deemed incurred when the services that are the subject of the claim are performed; in the case of life insurance, when the death occurs; in the case of long-term disability, when the disability occurs; and, in the case of a hospital stay, when the employee first enters the hospital. Notwithstanding the foregoing, claims incurred by any employee of a pre-Distribution Subsidiary of D&B or their covered dependents under any welfare plan maintained by such Subsidiary solely for the benefit of its employees and their dependents shall, whether incurred prior to, on or after the Effective Time, be the sole responsibility and liability of that Subsidiary.