Compensation Program. (a) Agilent shall retain and be solely responsible for the administration of all claims that are, or have been, incurred under Agilent's existing workers' compensation program (the "Agilent Workers' Compensation Program") before the Distribution Date by Verigy Transferred Employees and other Verigy Employees. For purposes of this Section 5.8, a claim is deemed incurred when the event giving rise to the workers' compensation benefit occurs. Verigy Transferred Employees and other Verigy Employees shall cease active participation in the Agilent Workers' Compensation Program immediately prior to the Distribution Date. (b) Agilent and Verigy shall use their commercially reasonable best efforts to procure at Verigy's cost and expense separate workers' compensation insurance coverage for Verigy (the "Verigy Workers' Compensation Program") to take effect as of the Distribution Date. Claims incurred by Verigy Transferred Employees and other Verigy Employees on or after the Distribution Date shall be administered under the Verigy Workers' Compensation Program. (c) Each party shall fully cooperate with the other with respect to the administration and reporting of workers' compensation claims. (d) Any transition services to be provided with respect to workers' compensation insurance shall be subject to and governed by the terms of the Transition Services Agreement.
Appears in 2 contracts
Sources: Employee Matters Agreement (Verigy Pte. Ltd.), Employee Matters Agreement (Verigy Ltd.)
Compensation Program. (a) Agilent shall retain and be solely responsible for the administration of all claims that are, or have been, incurred under Agilent's ’s existing workers' ’ compensation program (the "“Agilent Workers' ’ Compensation Program"”) before the Distribution Date by Verigy Transferred Employees and other Verigy Employees. For purposes of this Section 5.8, a claim is deemed incurred when the event giving rise to the workers' ’ compensation benefit occurs. Verigy Transferred Employees and other Verigy Employees shall cease active participation in the Agilent Workers' ’ Compensation Program immediately prior to the Distribution Date.
(b) Agilent and Verigy shall use their commercially reasonable best efforts to procure at Verigy's ’s cost and expense separate workers' ’ compensation insurance coverage for Verigy (the "“Verigy Workers' ’ Compensation Program"”) to take effect as of the Distribution Date. Claims incurred by Verigy Transferred Employees and other Verigy Employees on or after the Distribution Date shall be administered under the Verigy Workers' ’ Compensation Program.
(c) Each party shall fully cooperate with the other with respect to the administration and reporting of workers' ’ compensation claims.
(d) Any transition services to be provided with respect to workers' ’ compensation insurance shall be subject to and governed by the terms of the Transition Services Agreement.
Appears in 1 contract
Sources: Employee Matters Agreement (Agilent Technologies Inc)