No Participation in Benefit Plans. Each Party acknowledges and agrees that all Sales Representatives of such Party are not, and are not intended to be or be treated as, employees of the other Party or any of its Affiliates, and that such individuals are not, and are not intended to be, eligible to participate in any benefits programs or in any “employee benefit plans” (as such term is defined in section 3(3) of ERISA) that are sponsored by the other Party or any of its Affiliates or that are offered from time to time by the other Party or its Affiliates to their own employees (the “Benefit Plans”). All matters of compensation, benefits and other terms of employment for any such Sales Representatives shall be solely a matter between a Party and such individual. A Party shall not be responsible to the other Party, or to its Sales Representatives for any compensation, expense reimbursements or benefits (including, without limitation, vacation and holiday remuneration, healthcare coverage or insurance, life insurance, severance or termination of employment benefits, pension or profit-sharing benefits and disability benefits), payroll-related taxes or withholdings, or any governmental charges or benefits (including without limitation unemployment and disability insurance contributions or benefits and workmen’ compensation contributions or benefits) that may be imposed upon or be related to the performance by such Party and such individuals of this Agreement, all of which shall be the sole responsibility of such Party, even if it is subsequently determined by any court or governmental agency that any such individual may be a common law employee of the other Party or any of its Affiliates or is otherwise entitled to such payments and benefits.
No Participation in Benefit Plans. Contractor will not be eligible for, and will not be able to participate in, any health, pension, or other benefit of Client that exists for Client’s employees during the Term.
No Participation in Benefit Plans. The Executive acknowledges that as an officer of Pechiney he participates in retirement, medical and other benefit plans or arrangements sponsored by Pechiney or otherwise provided for Pechiney officers pursuant to applicable French law and custom. Consequently, the Executive agrees with the Company that, except as otherwise specifically agreed to by the Company, he will not be eligible to participate in any retirement, severance, medical (including, without limitation, major medical, health and hospitalization), dental, disability, life insurance or other welfare or fringe benefit plan sponsored by the Company for, or otherwise applicable to, its officers. In addition, the Executive will not be eligible to participate in any cash-based incentive programs applicable to other officers of the Company, and his cash incentive compensation will instead be determined exclusively as provided in Section 3(b) of this Agreement. The Executive hereby waives any right he might have to participate in any of the plans, programs or arrangements described in the preceding two sentences and consents to the Company's amendment of any such plan, program or arrangement to exclude his participation therefrom.
No Participation in Benefit Plans. Except as otherwise provided in this Agreement, Executive shall not be entitled to participate in the Company’s supplemental executive retirement plan, retention bonus programs or long-term incentive plans which are generally provided to employees of the Company. Executive also shall not be entitled to participate in any pension and welfare benefit plans or programs of the Company which are generally provided to employees of the Company, including, without limitation, health, medical, dental, long-term disability, travel accident and life insurance plans, participation in executive health, tax preparation and financial planning programs. By executing this Agreement, Executive expressly waives his right to participate in any such plans or programs.
No Participation in Benefit Plans. Except as otherwise set forth in Article 7, Kos acknowledges and agrees that all Sales Representatives of Kos are not, and are not intended to be or be treated as, employees of BPI or any of its Affiliates, and that such individuals are not, and are not intended to be, eligible to participate in any benefits programs or in any "employee benefit plans" (as such term is defined in section 3(3) of ERISA) that are sponsored by BPI or any of its Affiliates or that are offered from time to time by BPI or its Affiliates to its own employees (the "BENEFIT PLANS"). All matters of compensation, benefits and other terms of employment for any such Sales Representatives shall be solely a matter between Kos and such individual. Except as otherwise set forth in Article 7, BPI shall not be responsible to Kos, or to its Sales Representatives for any compensation, expense reimbursements or benefits (including, without limitation, vacation or holiday remuneration, healthcare coverage or insurance, life insurance, severance or termination of employment benefits, pension or profit-sharing benefits and disability benefits), payroll-related taxes or withholdings, or any governmental charges or benefits (including without limitation unemployment and disability insurance contributions or benefits and workmen's compensation contributions or benefits) that may be imposed upon or be related to the performance by Kos of its obligations under this Agreement, all of which shall be the sole responsibility of Kos with respect to its Sales Representatives.
