Common use of Continued Welfare Benefits Clause in Contracts

Continued Welfare Benefits. Executive and/or Executive’s dependents will be entitled to elect to continue their respective health or welfare coverage pursuant to COBRA. Provided that Executive and/or Executive’s dependents elect and maintain such COBRA coverage until the expiration of their eligibility under COBRA, following such expiration, Executive and/or Executive’s dependents also will be entitled to elect to continue such coverage for the remainder, if any, of the Severance Period. Such health and other welfare benefits will be provided monthly and will provide the same coverage as available to others who elect coverage pursuant to COBRA, even though, following the expiration of Executive’s eligibility for COBRA, it would not be pursuant to COBRA, provided that the continued participation of Executive and such dependents is possible under the general terms and provisions of such health or welfare plans. If Executive’s participation in any such plan is barred or would result in adverse tax consequences to Executive or Company, Company will arrange to provide Executive on a monthly basis with benefits substantially similar to those that Executive otherwise would have been entitled to receive under such plan or, alternatively at the option of Company, reimburse Executive on a monthly basis for the reasonable actual costs of purchasing in the marketplace substantially similar benefits; provided, however, that, in either case, Executive will pay to Company, or provide a credit against Company’s reimbursement obligation for, the amount equal to the premiums that Executive would have been required to pay to maintain such benefits hereunder. During the Severance Period, Executive’s premiums for coverage provided pursuant to COBRA will be equal to the premiums Executive paid prior to Termination of Employment. All premium payments paid by Executive and/or Executive’s dependents for coverage will be paid directly to the appropriate insurer or service provider for such benefit (which may be Company). For the avoidance of doubt, Executive’s continuation of health and welfare benefits during the Severance Period shall count against Executive’s continuation of coverage period required under COBRA. Any health or welfare benefits received by or available to Executive from or in connection with any other employment of Executive, consultancy arrangement undertaken by Executive or similar source that are reasonably comparable to, but not necessarily as financially or otherwise beneficial to Executive as, the benefits provided to Executive by Company at the time of the Termination of Employment will be deemed the equivalent thereof and will terminate Company’s obligation under this Section 1.1(c) to provide health and welfare coverage during the Severance Period; provided, however, that nothing in this paragraph will limit or terminate Executive’s or Executive’s dependents’ right to continue any Company group health plan coverage at Executive’s or such dependent’s cost for the remainder of the COBRA period. Executive agrees to advise Company of the availability of any such subsequent benefit coverages within 30 days following such availability. The provisions of this Section 1.1(c) will not prohibit Company from changing the terms of any benefit programs provided that any such changes apply to all executives of Company and its Affiliates (e.g., Company may switch insurance carriers or preferred provider organizations or change coverages).

Appears in 2 contracts

Samples: Employment Security Agreement (Zale Corp), Employment Security Agreement (Zale Corp)

AutoNDA by SimpleDocs

Continued Welfare Benefits. Executive and/or Executive’s dependents will be entitled to elect to continue their respective health or welfare coverage pursuant to COBRA. Provided that Executive and/or Executive’s dependents elect and maintain such COBRA coverage until the expiration of their eligibility under COBRA, following such expiration, Executive and/or Executive’s dependents also will be entitled to elect to continue such coverage for the remainder, if any, of the Severance Period. Such health and other welfare benefits will be provided monthly and will provide the same coverage as available to others who elect coverage pursuant to COBRA, even though, following the expiration of Executive’s eligibility for COBRA, it would not be pursuant to COBRA, provided that the continued participation of Executive and such dependents is possible under the general terms and provisions of such health or welfare plans. If Executive’s participation in any such plan is barred or would result in adverse tax consequences to Executive or Company, Company will arrange to provide Executive on a monthly basis with benefits substantially similar to those that Executive otherwise would have been entitled to receive under such plan or, alternatively at the option of Company, reimburse Executive on a monthly basis for the reasonable actual costs of purchasing in the marketplace substantially similar benefits; provided, however, that, in either case, Executive will pay to Company, or provide a credit against Company’s reimbursement obligation for, the amount equal to the premiums that Executive would have been required to pay to maintain such benefits hereunder. During the Severance Period, Executive’s premiums for coverage provided pursuant to COBRA will be equal to the premiums Executive paid prior to Termination of Employment. All premium payments paid by Executive and/or Executive’s dependents for coverage will be paid directly to the appropriate insurer or service provider for such benefit (which may be Company). For the avoidance of doubt, Executive’s continuation of health and welfare benefits during the Severance Period Period; shall count against Executive’s continuation of coverage period required under COBRA. Any health or welfare benefits received by or available to Executive from or in connection with any other employment of Executive, consultancy arrangement undertaken by Executive or similar source that are reasonably comparable to, but not necessarily as financially or otherwise beneficial to Executive as, the benefits provided to Executive by Company at the time of the Termination of Employment will be deemed the equivalent thereof and will terminate Company’s obligation under this Section 1.1(c) to provide health and welfare coverage during the Severance Period; : provided, however, that nothing in this paragraph will limit or terminate Executive’s or Executive’s dependents’ right to continue any Company group health plan coverage at Executive’s or such dependent’s cost for the remainder of the COBRA period. Executive agrees to advise Company of the availability of any such subsequent benefit coverages within 30 days following such availability. The provisions of this Section 1.1(c) will not prohibit Company from changing the terms of any benefit programs provided that any such changes apply to all executives of Company and its Affiliates (e.g., Company may switch insurance carriers or preferred provider organizations or change coverages).

Appears in 2 contracts

Samples: Employment Security Agreement (Zale Corp), Employment Security Agreement (Zale Corp)

Continued Welfare Benefits. Executive and/or Executive’s dependents will be entitled to elect to continue their respective health or welfare coverage pursuant to COBRA. Provided that Executive and/or Executive’s dependents elect and maintain such COBRA coverage until the expiration of their eligibility under COBRA, following such expiration, Executive and/or Executive’s dependents also will be entitled to elect to continue such coverage for the remainder, if any, of the Severance Period. Such health and other welfare benefits will be provided monthly and will provide the same coverage as available to others who elect coverage pursuant to COBRA, even though, following the expiration of Executive’s eligibility for COBRA, it would not be pursuant to COBRA, provided that the continued participation of Executive and such dependents is possible under the general terms and provisions of such health or welfare plans. If Executive’s participation in any such plan is barred or would result in adverse tax consequences to Executive or Company, Company will arrange to provide Executive on a monthly basis with benefits substantially similar to those that Executive otherwise would have been entitled to receive under such plan or, alternatively at the option of Company, reimburse Executive on a monthly basis for the reasonable actual costs of purchasing in the marketplace substantially similar benefits; provided, however, that, in either case, Executive will pay to Company, or provide a credit against Company’s reimbursement obligation for, the amount equal to the premiums that Executive would have been required to pay to maintain such benefits hereunder. During the Severance Period, Executive’s premiums for coverage provided pursuant to COBRA will be equal to the premiums Executive paid prior to Termination of Employment. All premium payments paid by Executive and/or Executive’s dependents for coverage will be paid directly to the appropriate insurer or service provider for such benefit (which may be Company). For the avoidance of doubt, Executive’s continuation of health and welfare benefits during the Severance Period shall count against Executive’s continuation of coverage period required under COBRA. Any health or welfare benefits received by or available to Executive from or in connection with any other employment of Executive, consultancy arrangement undertaken by Executive or similar source that are reasonably comparable to, but not necessarily as financially or otherwise beneficial to Executive as, the benefits provided to Executive by Company at the time of the Termination of Employment will be deemed the equivalent thereof and will terminate Company’s obligation under this Section 1.1(c) to provide health and welfare coverage during the Severance Period; : provided, however, that nothing in this paragraph will limit or terminate Executive’s or Executive’s dependents’ right to continue any Company group health plan coverage at Executive’s or such dependent’s cost for the remainder of the COBRA period. Executive agrees to advise Company of the availability of any such subsequent benefit coverages within 30 days following such availability. The provisions of this Section 1.1(c) will not prohibit Company from changing the terms of any benefit programs provided that any such changes apply to all executives of Company and its Affiliates (e.g., Company may switch insurance carriers or preferred provider organizations or change coverages).

Appears in 1 contract

Samples: Employment Security Agreement (Zale Corp)

Continued Welfare Benefits. During the Severance Period, the Covered Executive and/or Executive’s and his dependents will be entitled to elect continue to continue their respective health or welfare coverage pursuant to COBRA. Provided that Executive and/or Executive’s dependents elect participate in any medical, dental, vision, life and maintain long-term care benefit programs maintained by the Employer in which such COBRA coverage until persons were participating immediately before the expiration of their eligibility under COBRA, following such expiration, Executive and/or Executive’s dependents also will be entitled to elect to continue such coverage for the remainder, if any, date of the Severance Period. Such health and other welfare benefits will be provided monthly and will provide the same coverage as available to others who elect coverage pursuant to COBRAQualifying Termination; provided, even though, following the expiration of Executive’s eligibility for COBRA, it would not be pursuant to COBRA, provided that the continued participation of Executive and such dependents persons is possible under the general terms and provisions of such health or welfare plansbenefit programs. If Executive’s such continued participation in any such plan is barred or would result in adverse tax consequences to Executive or Companybarred, Company then the Employer will arrange to provide Executive on a monthly basis such persons with benefits substantially similar coverage to those that Executive otherwise which such persons would have otherwise been entitled to receive under such plan or, alternatively at the option of Company, reimburse Executive on a monthly basis for the reasonable actual costs of purchasing in the marketplace substantially similar benefits; providedbenefit programs from which such continued participation is barred. In either case, however, that, in either case, the Covered Executive will pay to Company, or provide a credit against Company’s reimbursement obligation for, the amount equal to the premiums that Executive would have been be required to pay continue to maintain pay, on a pre-tax or after-tax basis, as applicable, his portion of the cost of such benefits hereunder. During the Severance Period, Executive’s premiums for coverage provided pursuant to COBRA will be equal to the premiums Executive paid prior to Termination of Employment. All premium payments paid by Executive and/or Executive’s dependents for coverage will be paid directly to the appropriate insurer or service provider for such benefit (which may be Company). For the avoidance of doubt, Executive’s continuation of health and welfare benefits during the Severance Period shall count against Executive’s continuation of coverage period required under COBRA. Any health or welfare benefits received by or available to Executive from or coverages as in connection with any other employment of Executive, consultancy arrangement undertaken by Executive or similar source that are reasonably comparable to, but not necessarily as financially or otherwise beneficial to Executive as, the benefits provided to Executive by Company effect at the time of the Termination Qualifying Termination, and the Employer will continue to pay its portion of Employment such costs, as in effect at the time of the Qualifying Termination. Any coverage provided pursuant to this Section 3.1(d) will be deemed limited and reduced to the extent equivalent thereof coverage is otherwise provided by (or available from or under) any other employer of the Covered Executive. The Covered Executive must advise the Plan Administrator of the attainment of any such subsequent employer benefit coverages within thirty (30) days following such attainment. The pre-tax or after-tax payroll deductions for the continued medical, dental, vision life and long-term care benefits described above will terminate Companybe taken from the Covered Executive’s obligation under this Section 1.1(c) Severance Pay pursuant to provide health and welfare coverage during the Severance PeriodEmployer’s normal payroll practices; provided, however, that nothing in this paragraph if any of such coverages are provided on a self-insured basis, the Covered Executive will limit or terminate Executive’s or Executive’s dependents’ right be required to continue any Company group health plan coverage at Executive’s or pay his portion of the cost of such dependent’s cost for coverages on an after-tax basis and the remainder of such cost will be included in the COBRA periodCovered Executive’s income and reported as wages on Form W-2. Any continued medical, dental or vision benefits provided to the Covered Executive agrees and his dependents pursuant to advise Company of this Section 3.1(d) is in addition to any rights the availability of any Covered Executive and such subsequent benefit dependents may have to continue such coverages within 30 days following such availabilityunder COBRA. The provisions of this Section 1.1(c3.1(d) will not prohibit the Company from changing the terms of any such medical, dental, life vision or long-term care benefit programs provided that any such changes apply to all executives of the Company and its Affiliates (e.g., the Company may switch insurance carriers or preferred provider organizations or change coveragesorganizations).

Appears in 1 contract

Samples: Separation Agreement and Release (Tenet Healthcare Corp)

Continued Welfare Benefits. Executive If a Participant and/or Executive’s his or her covered dependents timely elect(s) to receive health care continuation coverage as provided by COBRA, the Company will be entitled to elect to continue their respective health pay the same percentage of the monthly cost of his or welfare coverage pursuant to COBRA. Provided that Executive and/or Executive’s dependents elect and maintain such her COBRA coverage until the expiration of their eligibility under COBRA, following such expiration, Executive and/or Executive’s dependents also will be entitled to elect to continue such coverage as it paid for the remainder, if any, Participant’s group health coverage during his or her active employment for the duration of the Severance Period. Such health and other welfare benefits During any such Company-subsidized COBRA coverage period, the Participant will be provided monthly and will provide the same coverage as available to others who elect coverage pursuant to COBRA, even though, following the expiration responsible for payment of Executive’s eligibility for COBRA, it would not be pursuant to COBRA, provided that the continued participation of Executive and such dependents is possible under the general terms and provisions of such health or welfare plans. If Executive’s participation in any such plan is barred or would result in adverse tax consequences to Executive or Company, Company will arrange to provide Executive on a monthly basis with benefits substantially similar to those that Executive otherwise would have been entitled to receive under such plan or, alternatively at the option of Company, reimburse Executive on a monthly basis for the reasonable actual costs of purchasing in the marketplace substantially similar benefits; provided, however, that, in either case, Executive will pay to Company, or provide a credit against Company’s reimbursement obligation for, the amount equal to the premiums that Executive would have been required to pay to maintain such benefits hereunder. During the Severance Period, Executive’s premiums for coverage provided pursuant to COBRA will be equal to the premiums Executive paid prior to Termination of Employment. All premium payments paid by Executive and/or Executive’s dependents for coverage will be paid directly to the appropriate insurer or service provider for such benefit (which may be Company). For the avoidance of doubt, Executive’s continuation of health and welfare benefits during the Severance Period shall count against Executive’s continuation of coverage period required under COBRA. Any health or welfare benefits received by or available to Executive from or in connection with any other employment of Executive, consultancy arrangement undertaken by Executive or similar source that are reasonably comparable to, but not necessarily as financially or otherwise beneficial to Executive as, the benefits provided to Executive by Company at the time of the Termination of Employment will be deemed the equivalent thereof and will terminate Company’s obligation under this Section 1.1(c) to provide health and welfare coverage during the Severance Period; provided, however, that nothing in this paragraph will limit or terminate Executive’s or Executive’s dependents’ right to continue any Company group health plan coverage at Executive’s or such dependent’s cost for the remainder of the cost of his or her COBRA periodcoverage, as specified in the COBRA notice to be supplied by the Company following the Participant’s Qualifying Termination. Executive agrees to advise Notwithstanding the foregoing, if at any time the Company determines that its partial subsidy of the availability Participant’s COBRA premiums would result in a violation of the nondiscrimination rules of Code Section 105(h)(2) or any statute or regulation of similar effect (including but not limited to the 2010 Patient Protection and Affordable Care Act, as amended by the 2010 Health Care and Education Reconciliation Act), then in lieu of providing the subsidized COBRA premiums described above, the Company will instead pay a fully taxable cash payment equal to the Company’s portion of the applicable COBRA premiums for that month (such subsequent benefit coverages within 30 days following such availabilityamount, the “Special Severance Payment”) to the Participant on the last day of each month of the remainder of the Benefit Period. The provisions All periods of Company-subsidized coverage will be taken into account for purposes of determining the Participant’s maximum period of COBRA entitlement. Following the end of the Company-subsidized coverage period, the Participant will be responsible for payment of his or her entire COBRA premium, to the extent the Participant continues to be entitled to COBRA coverage at that time. Notwithstanding the foregoing, in the event the terminated Participant becomes covered under another employer’s group health plan (other than a plan which imposes a preexisting condition exclusion unless the preexisting condition exclusion does not apply) or otherwise ceases to be eligible for COBRA coverage during the period provided in this Section 1.1(c) will not prohibit 4.3(b), the Company from changing shall cease payment of its portion of the terms of any benefit programs provided that any such changes apply to all executives of Company and its Affiliates (e.g.COBRA premiums or the Special Severance Payments, Company may switch insurance carriers or preferred provider organizations or change coverages)as applicable.

Appears in 1 contract

Samples: Agreement and General Release (Sourcefire Inc)

AutoNDA by SimpleDocs

Continued Welfare Benefits. Executive If a Participant and/or Executivehis or her covered dependents timely elect(s) to receive health care continuation coverage as provided by COBRA, the Company will pay the same percentage of the monthly cost of his or her COBRA coverage as it paid for the Participant’s dependents group health coverage during his or her active employment for the duration of the Benefit Period. During any such Company-subsidized COBRA coverage period, the Participant will be entitled to elect to continue their respective health or welfare coverage pursuant to COBRA. Provided that Executive and/or Executive’s dependents elect and maintain such COBRA coverage until the expiration responsible for payment of their eligibility under COBRA, following such expiration, Executive and/or Executive’s dependents also will be entitled to elect to continue such coverage for the remainder, if any, of the Severance Period. Such health and other welfare benefits will be provided monthly and will provide the same coverage as available to others who elect coverage pursuant to COBRA, even though, following the expiration of Executive’s eligibility for COBRA, it would not be pursuant to COBRA, provided that the continued participation of Executive and such dependents is possible under the general terms and provisions of such health or welfare plans. If Executive’s participation in any such plan is barred or would result in adverse tax consequences to Executive or Company, Company will arrange to provide Executive on a monthly basis with benefits substantially similar to those that Executive otherwise would have been entitled to receive under such plan or, alternatively at the option of Company, reimburse Executive on a monthly basis for the reasonable actual costs of purchasing in the marketplace substantially similar benefits; provided, however, that, in either case, Executive will pay to Company, or provide a credit against Company’s reimbursement obligation for, the amount equal to the premiums that Executive would have been required to pay to maintain such benefits hereunder. During the Severance Period, Executive’s premiums for coverage provided pursuant to COBRA will be equal to the premiums Executive paid prior to Termination of Employment. All premium payments paid by Executive and/or Executive’s dependents for coverage will be paid directly to the appropriate insurer or service provider for such benefit (which may be Company). For the avoidance of doubt, Executive’s continuation of health and welfare benefits during the Severance Period shall count against Executive’s continuation of coverage period required under COBRA. Any health or welfare benefits received by or available to Executive from or in connection with any other employment of Executive, consultancy arrangement undertaken by Executive or similar source that are reasonably comparable to, but not necessarily as financially or otherwise beneficial to Executive as, the benefits provided to Executive by Company at the time of the Termination of Employment will be deemed the equivalent thereof and will terminate Company’s obligation under this Section 1.1(c) to provide health and welfare coverage during the Severance Period; provided, however, that nothing in this paragraph will limit or terminate Executive’s or Executive’s dependents’ right to continue any Company group health plan coverage at Executive’s or such dependent’s cost for the remainder of the cost of his or her COBRA periodcoverage, as specified in the COBRA notice to be supplied by the Company following the Participant’s Qualifying Termination. Executive agrees to advise Notwithstanding the foregoing, if at any time the Company determines that its partial subsidy of the availability Participant’s COBRA premiums would result in a violation of the nondiscrimination rules of Code Section 105(h)(2) or any statute or regulation of similar effect (including but not limited to the 2010 Patient Protection and Affordable Care Act, as amended by the 2010 Health Care and Education Reconciliation Act), then in lieu of providing the subsidized COBRA premiums described above, the Company will instead pay a fully taxable cash payment equal to the Company’s portion of the applicable COBRA premiums for that month (such subsequent benefit coverages within 30 days following such availabilityamount, the “Special Severance Payment”) to the Participant on the last day of each month of the remainder of the Benefit Period. The provisions All periods of Company-subsidized coverage will be taken into account for purposes of determining the Participant’s maximum period of COBRA entitlement. Following the end of the Company-subsidized coverage period, the Participant will be responsible for payment of his or her entire COBRA premium, to the extent the Participant continues to be entitled to COBRA coverage at that time. Notwithstanding the foregoing, in the event the terminated Participant becomes covered under another employer’s group health plan (other than a plan which imposes a preexisting condition exclusion unless the preexisting condition exclusion does not apply) or otherwise ceases to be eligible for COBRA coverage during the period provided in this Section 1.1(c) will not prohibit 4.3(b), the Company from changing shall cease payment of its portion of the terms of any benefit programs provided that any such changes apply to all executives of Company and its Affiliates (e.g.COBRA premiums or the Special Severance Payments, Company may switch insurance carriers or preferred provider organizations or change coverages)as applicable.

Appears in 1 contract

Samples: Agreement and General Release (Sourcefire Inc)

Continued Welfare Benefits. Executive and/or Executive’s dependents will be entitled to elect to continue their respective health or welfare coverage pursuant to COBRA. Provided that Executive and/or Executive’s dependents elect and maintain such COBRA coverage until the expiration of their eligibility under COBRA, following such expiration, Executive and/or Executive’s dependents also will be entitled to elect to continue such coverage for the remainder, if any, of the Severance Period. Such health and other welfare benefits will be provided monthly and will provide the same coverage as available to others who elect coverage pursuant to COBRA, even though, following the expiration of Executive’s eligibility for COBRA, it would not be pursuant to COBRA, provided that the continued participation of Executive and such dependents is possible under the general terms and provisions of such health or welfare plans. If Executive’s participation in any such plan is barred or would result in adverse tax consequences to Executive or Company, Company will arrange to provide Executive on a monthly basis with benefits substantially similar to those that Executive otherwise would have been entitled to receive under such plan or, alternatively at the option of Company, reimburse Executive on a monthly basis for the reasonable actual costs of purchasing in the marketplace substantially similar benefits; provided, however, that, in either case, Executive will pay to Company, or provide a credit against Company’s reimbursement obligation for, the amount equal to the premiums that Executive would have been required to pay to maintain such benefits hereunder. During the Severance Period, Executive’s premiums for coverage provided pursuant to COBRA will be equal to the premiums Executive paid prior to Termination of Employment. Thereafter, Executive’s premiums will be equal to the amount required to continue such coverage pursuant to COBRA. All premium payments paid by Executive and/or Executive’s dependents for coverage will be paid directly to the appropriate insurer or service provider for such benefit (which may be Company). For the avoidance of doubt, Executive’s continuation of health and welfare benefits during the Severance Period shall count against Executive’s continuation of coverage period required under COBRA. Any health or welfare benefits received by or available to Executive from or in connection with any other employment of Executive, consultancy arrangement undertaken by Executive or similar source that are reasonably comparable to, but not necessarily as financially or otherwise beneficial to Executive as, the benefits provided to Executive by Company at the time of the Termination of Employment will be deemed the equivalent thereof and will terminate Company’s obligation under this Section 1.1(c) to provide health and welfare coverage during the Severance Period; provided, however, that nothing in this paragraph will limit or terminate Executive’s or Executive’s dependents’ right to continue any Company group health plan coverage at Executive’s or such dependent’s cost for the remainder of the COBRA period. Executive agrees to advise Company of the availability of any such subsequent benefit coverages within 30 days following such availability. The provisions of this Section 1.1(c) will not prohibit Company from changing the terms of any benefit programs provided that any such changes apply to all executives of Company and its Affiliates (e.g., Company may switch insurance carriers or preferred provider organizations or change coverages).

Appears in 1 contract

Samples: Employment Security Agreement (Zale Corp)

Continued Welfare Benefits. Executive and/or Executive’s 's dependents will be entitled to elect to continue their respective health or welfare coverage pursuant to COBRA. Provided that Executive and/or Executive’s 's dependents elect and maintain such COBRA coverage until the expiration of their eligibility under COBRA, following such expiration, Executive and/or Executive’s 's dependents also will be entitled to elect to continue such coverage for the remainder, if any, of the Severance Period. Such health and other welfare benefits will be provided monthly and will provide the same coverage as available to others who elect coverage pursuant to COBRA, even though, following the expiration of Executive’s 's eligibility for COBRA, it would not be pursuant to COBRA, provided that the continued participation of Executive and such dependents is possible under the general terms and provisions of such health or welfare plans. If Executive’s 's participation in any such plan is barred or would result in adverse tax consequences to Executive or Company, Company will arrange to provide Executive on a monthly basis with benefits substantially similar to those that Executive otherwise would have been entitled to receive under such plan or, alternatively at the option of Company, reimburse Executive on a monthly basis for the reasonable actual costs of purchasing in the marketplace substantially similar benefits; provided, however, that, in either case, Executive will pay to Company, or provide a credit against Company’s 's reimbursement obligation for, the amount equal to the premiums that Executive would have been required to pay to maintain such benefits hereunder. During the Severance Period, Executive’s 's premiums for coverage provided pursuant to COBRA will be equal to the premiums Executive paid prior to Termination of Employment. All premium payments paid by Executive and/or Executive’s 's dependents for coverage will be paid directly to the appropriate insurer or service provider for such benefit (which may be Company). For the avoidance of doubt, Executive’s 's continuation of health and welfare benefits during the Severance Period shall count against Executive’s 's continuation of coverage period required under COBRA. Any health or welfare benefits received by or available to Executive from or in connection with any other employment of Executive, consultancy arrangement undertaken by Executive or similar source that are reasonably comparable to, but not necessarily as financially or otherwise beneficial to Executive as, the benefits provided to Executive by Company at the time of the Termination of Employment will be deemed the equivalent thereof and will terminate Company’s 's obligation under this Section 1.1(c) to provide health and welfare coverage during the Severance Period; provided, however, that nothing in this paragraph will limit or terminate Executive’s 's or Executive’s 's dependents' right to continue any Company group health plan coverage at Executive’s 's or such dependent’s 's cost for the remainder of the COBRA period. Executive agrees to advise Company of the availability of any such subsequent benefit coverages within 30 days following such availability. The provisions of this Section 1.1(c) will not prohibit Company from changing the terms of any benefit programs provided that any such changes apply to all executives of Company and its Affiliates (e.g., Company may switch insurance carriers or preferred provider organizations or change coverages).

Appears in 1 contract

Samples: Employment Security Agreement (Zale Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.