Common use of Continued Health Benefits Clause in Contracts

Continued Health Benefits. The Company shall, at its option and subject to Section 4(a)(vi), either (A) continue to provide medical and dental benefits to the Executive and the Executive's spouse and dependents at least equal to the benefits provided by the Company and its Subsidiaries generally to other active peer executives of the Company and its Subsidiaries, or (B) pay Executive the cost of obtaining equivalent coverage, in the case of each of clauses (A) and (B), for a period of time commencing on the Termination Date and ending on the date that is eighteen (18) months after the Termination Date; provided, however, that if the Executive becomes reemployed with another employer and is eligible to receive medical or dental benefits under another employer-provided plan, the medical and dental benefits described herein shall be secondary to those provided under such other plan during such applicable period of eligibility. Any provision of benefits pursuant to this Section 4(a)(iii) in one (1) tax year of the Executive (the "Executive Tax Year") shall not affect the amount of such benefits to be provided in any other Executive Tax Year. The right to such benefits shall not be subject to liquidation or exchange for any other benefit. Executive agrees to make (and to cause his/her dependents to make) a timely election under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA") to the extent requested by Employer, to facilitate Employer's provision of continuation coverage. Notwithstanding anything to the contrary herein, to the extent necessary to satisfy Section l05(h) of the Code and Section 2716 of the Public Health Service Act, including the nondiscrimination rules applicable to non­ grandfathered plans under the Patient Protection and Affordable Care Act of 2010, as amended, and the related regulations and guidance promulgated thereunder, the Company will be permitted to alter the manner in which benefits under this Section 4(a)(iii) are provided to Executive.

Continued Health Benefits. The Company shall, at its option and subject to Section 4(a)(vi), either (A) continue to provide medical and dental benefits to the Executive and the Executive's ’s spouse and dependents at least equal to the benefits provided by the Company and its Subsidiaries generally to other active peer executives of the Company and its Subsidiaries, or (B) pay Executive the cost of obtaining equivalent coverage, in the case of each of clauses (A) and (B), for a period of time commencing on the Termination Date and ending on the date that is eighteen (18) months after the Termination Date; provided, however, that if the Executive becomes reemployed with another employer and is eligible to receive medical or dental benefits under another employer-provided plan, the medical and dental benefits described herein shall be secondary to those provided under such other plan during such applicable period of eligibility. Any provision of benefits pursuant to this Section 4(a)(iii) in one (1) tax year of the Executive (the "“Executive Tax Year"”) shall not affect the amount of such benefits to be provided in any other Executive Tax Year. The right to such benefits shall not be subject to liquidation or exchange for any other benefit. Executive agrees to make (and to cause his/her his dependents to make) a timely election under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("“COBRA"”) to the extent requested by Employer, to facilitate Employer's ’s provision of continuation coverage. Notwithstanding anything to the contrary herein, to the extent necessary to satisfy Section l05(h) of the Code and Section 2716 of the Public Health Service Act, including the nondiscrimination rules applicable to non­ grandfathered plans under the Patient Protection and Affordable Care Act of 2010, as amended, and the related regulations and guidance promulgated thereunder, the Company will be permitted to alter the manner in which benefits under this Section 4(a)(iii) are provided to Executive.

Continued Health Benefits. The Company shall, at its option and subject to Section 4(a)(vi), either (A) continue to provide medical and dental benefits to the Executive and the Executive's spouse and dependents at least equal to the benefits provided by the Company and its Subsidiaries generally to other active peer executives of the Company and its Subsidiaries, or (B) pay Executive the cost of obtaining equivalent coverage, in the case of each of clauses (A) and (B), for a period of time commencing on the Termination Date and ending on the date that is eighteen (18) months after the Termination Date; provided, however, that if the Executive becomes reemployed with another employer and is eligible to receive medical or dental benefits under another employer-provided plan, the medical and dental benefits described herein shall be secondary to those provided under such other plan during such applicable period of eligibility. Any provision of benefits pursuant to this Section 4(a)(iii) in one (1) tax year of the Executive (the "Executive Tax Year") shall not affect the amount of such benefits to be provided in any other Executive Tax Year. The right to such benefits shall not be subject to liquidation or exchange for any other benefit. Executive agrees to make (and to cause his/her dependents to make) a timely election under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA") to the extent requested by Employer, to facilitate Employer's provision of continuation coverage. Notwithstanding anything to the contrary herein, to the extent necessary to satisfy Section l05(h105(h) of the Code and Section 2716 of the Public Health Service Act, including the nondiscrimination rules applicable to non­ grandfathered plans under the Patient Protection and Affordable Care Act of 2010, as amended, and the related regulations and guidance promulgated thereunder, the Company will be permitted to alter the manner in which benefits under this Section 4(a)(iii) are provided to Executive.

Continued Health Benefits. The Company shall, at its option and subject to Section 4(a)(vi), either (A) continue to provide medical and dental benefits to the Executive and the Executive's ’s spouse and dependents at least equal to the benefits provided by the Company and its Subsidiaries generally to other active peer executives of the Company and its Subsidiaries, or (B) pay Executive the cost of obtaining equivalent coverage, in the case of each of clauses (A) and (B), for a period of time commencing on the Termination Date and ending on the date that is eighteen (18) months after the Termination Date; provided, however, that if the Executive becomes reemployed with another employer and is eligible to receive medical or dental benefits under another employer-provided plan, the medical and dental benefits described herein shall be secondary to those provided under such other plan during such applicable period of eligibility. Any provision of benefits pursuant to this Section 4(a)(iii) in one (1) tax year of the Executive (the "“Executive Tax Year"”) shall not affect the amount of such benefits to be provided in any other Executive Tax Year. The right to such benefits shall not be subject to liquidation or exchange for any other benefit. Executive agrees to make (and to cause his/her his dependents to make) a timely election under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("“COBRA"”) to the extent requested by Employer, to facilitate Employer's ’s provision of continuation coverage. Notwithstanding anything to the contrary herein, to the extent necessary to satisfy Section l05(h105(h) of the Code and Section 2716 of the Public Health Service Act, including the nondiscrimination rules applicable to non­ non-grandfathered plans under the Patient Protection and Affordable Care Act of 2010, as amended, and the related regulations and guidance promulgated thereunder, the Company will be permitted to alter the manner in which benefits under this Section 4(a)(iii) are provided to Executive.

Continued Health Benefits. The Company shall, at its option and subject to Section 4(a)(vi), either (A) continue to provide medical and dental benefits to the Executive and the Executive's ’s spouse and dependents at least equal to the benefits provided by the Company and its Subsidiaries generally to other active peer executives of the Company and its Subsidiaries, or (B) pay Executive the cost of obtaining equivalent coverage, in the case of each of clauses (A) and (B), for a period of time commencing on the Termination Date and ending on the date that is eighteen (18) months after the Termination Date; provided, however, that if the Executive becomes reemployed with another employer and is eligible to receive medical or dental benefits under another employer-provided plan, the medical and dental benefits described herein shall be secondary to those provided under such other plan during such applicable period of eligibility. Any provision of benefits pursuant to this Section 4(a)(iii) in one (1) tax year of the Executive (the "“Executive Tax Year"”) shall not affect the amount of such benefits to be provided in any other Executive Tax Year. The right to such benefits shall not be subject to liquidation or exchange for any other benefit. Executive agrees to make (and to cause his/her his dependents to make) a timely election under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("“COBRA"”) to the extent requested by Employer, to facilitate Employer's ’s provision of continuation coverage. Notwithstanding anything to the contrary herein, to the extent necessary to satisfy Section l05(h) of the Code and Section 2716 of the Public Health Service Act, including the nondiscrimination rules applicable to non­ grandfathered plans under the Patient Protection and Affordable Care Act of 2010, as amended, and the related regulations and guidance promulgated thereunder, the Company will be permitted to alter the manner in which benefits under this Section 4(a)(iii) are provided to Executive.(iv)

Continued Health Benefits. The Company shall, at its option and subject to Section 4(a)(vi), either (A) continue to provide medical and dental benefits to the Executive and the Executive's spouse and dependents at least equal to the benefits provided by the Company and its Subsidiaries generally to other active peer executives of the Company and its Subsidiaries, or (B) pay Executive the cost of obtaining equivalent coverage, in the case of each of clauses (A) and (B), for a period of time commencing on the Termination Date and ending on the date that is eighteen (18) months after the Termination Date; provided, however, that if the Executive becomes reemployed with another employer and is eligible to receive medical or dental benefits under another employer-provided plan, the medical and dental benefits described herein shall be secondary to those provided under such other plan during such applicable period of eligibility. Any provision of benefits pursuant to this Section 4(a)(iii) in one (1) tax year of the Executive (the "Executive Tax Year") shall not affect the amount of such benefits to be provided in any other Executive Tax Year. The right to such benefits shall not be subject to liquidation or exchange for any other benefit. Executive agrees to make (and to cause his/her dependents to make) a timely election under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("COBRA") to the extent requested by Employer, to facilitate Employer's provision of continuation coverage. Notwithstanding anything to the contrary herein, to the extent necessary to satisfy Section l05(hl0S(h) of the Code and Section 2716 of the Public Health Service Act, including the nondiscrimination rules applicable to non­ grandfathered plans under the Patient Protection and Affordable Care Act of 2010, as amended, and the related regulations and guidance promulgated thereunder, the Company will be permitted to alter the manner in which benefits under this Section 4(a)(iii) are provided to Executive.

Continued Health Benefits. The Company shall, at its option and subject to Section 4(a)(vi), either (A) continue to provide medical and dental benefits to the Executive and the Executive's ’s spouse and dependents at least equal to the benefits provided by the Company and its Subsidiaries generally to other active peer executives of the Company and its Subsidiaries, or (B) pay Executive the cost of obtaining equivalent coverage, in the case of each of clauses (A) and (B), for a period of time commencing on the Termination Date and ending on the date that is eighteen (18) months after the Termination Date; provided, however, that if the Executive becomes reemployed with another employer and is eligible to receive medical or dental benefits under another employer-provided plan, the medical and dental benefits described herein shall be secondary to those provided under such other plan during such applicable period of eligibility. Any provision of benefits pursuant to this Section 4(a)(iii) in one (1) tax year of the Executive (the "“Executive Tax Year"”) shall not affect the amount of such benefits to be provided in any other Executive Tax Year. The right to such benefits shall not be subject to liquidation or exchange for any other benefit. Executive agrees to make (and to cause his/her his dependents to make) a timely election under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended ("“COBRA"”) to the extent requested by Employer, to facilitate Employer's ’s provision of continuation coverage. Notwithstanding anything to the contrary herein, to the extent necessary to satisfy Section l05(h105(h) of the Code and Section 2716 of the Public Health Service Act, including the nondiscrimination rules applicable to non­ non-grandfathered plans under the Patient Protection and Affordable Care Act of 2010, as amended, and the related regulations and guidance promulgated thereunder, the Company First Solar, Inc. will be permitted to alter the manner in which benefits under this Section 4(a)(iii) are provided to Executive.