DETERMINATION OF ALLOCABLE SHARE. Holdings' allocable share of the costs set forth in Section 8.2(a) shall be equal to the total of any such costs that are attributable to Holdings and the Holdings Affiliates as determined by Continental under and consistent with the intercompany billing process in place immediately before the IPO Date. With respect to any costs or additional unanticipated expenses that were not billed through the intercompany billing process, Holdings shall pay to Continental its allocable share of such costs as determined by Continental based on a head count of the individuals or participants participating in such benefit, or, in the event such costs cannot be allocated on such basis, Holdings' share shall be determined by Continental in such other manner as Continental deems appropriate. Continental's determinations under the foregoing provisions of this Section 8.2 shall be made from time to time in its discretion, and such determinations shall be binding and conclusive on Holdings.
Appears in 4 contracts
Samples: Employee Benefits Separation Agreement (Expressjet Holdings Inc), Benefits Separation Agreement (Expressjet Holdings Inc), Employee Benefits Separation Agreement (Expressjet Holdings Inc)
