Pre-Distribution Date Claims Sample Clauses

Pre-Distribution Date Claims. Except as set forth below, all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by a Spectra Energy Employee or Former Spectra Energy Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date shall be retained by Spectra Energy. Notwithstanding the foregoing, Spectra Energy shall not assume or retain any workers’ compensation Liability relating to, arising out of, or resulting from any claim by a Spectra Energy Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, while such Spectra Energy Employee was employed by any member of the Duke Energy Group (such a claim, a “Duke Energy Retained Claim”). All workers’ compensation Liabilities relating to, arising out of, or resulting from (i) any Duke Energy Retained Claim or (ii) any claim by a Duke Energy Employee or Former Duke Energy Employee that results from an accident, incident, or event occurring, or from an occupational disease which becomes manifest before the Distribution Date shall be retained by Duke Energy.

Pre-Distribution Date Claims. Except as set forth below, (i) all workers’ compensation liabilities relating to, arising out of, or resulting from any claim by a SpinCo Employee or Former SpinCo Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date shall be retained by SpinCo, and (ii) all workers’ compensation liabilities relating to, arising out of, or resulting from any claim by a RemainCo Employee or Former RemainCo Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date shall be retained by RemainCo. Notwithstanding the foregoing, (i) RemainCo shall retain any workers’ compensation liability relating to, arising out of, or resulting from any claim by a SpinCo Employee or Former SpinCo Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, as of a date such that, had such date been the Distribution Date, the individual would have been a RemainCo Participant, and (ii) SpinCo shall retain any workers’ compensation liability relating to, arising out of, or resulting from any claim by a RemainCo Employee or Former RemainCo Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, as of a date such that, had such date been the Distribution Date, the individual would have been a SpinCo Participant.

Pre-Distribution Date Claims. Effective as of the Effective Time, all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by a CDK Employee that results from an accident, incident or event occurring, or from an occupational disease that becomes manifest, before the Effective Time shall be the sole and exclusive liability of CDK.

Pre-Distribution Date Claims. All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by a Broadridge Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Effective Time shall be retained by ADP.

Pre-Distribution Date Claims. Except as set forth below, (i) except to the extent provided in the following clause (ii), all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by an Enexus Employee or Former Enexus Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date shall be retained or assumed by Entergy, (ii) Entergy Nuclear Nebraska, LLC shall retain all Liabilities relating to, arising out of, or resulting from any claim by an Enexus Employee or Former Enexus Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date and while such individual was employed by Entergy Nuclear Nebraska, LLC, provided that Entergy shall upon request reimburse Entergy Nuclear Nebraska, LLC for actual costs incurred in respect of such Liabilities, and (iii) all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by an EquaGen System Employee or Former EquaGen System Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date shall be retained or assumed by EquaGen. Notwithstanding the foregoing, EquaGen shall not assume or retain any workers’ compensation Liability relating to, arising out of, or resulting from any claim by an EquaGen System Employee or Former EquaGen System Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, while such EquaGen System Employee or Former EquaGen System Employee was employed by any member of the Entergy Group (each such a claim, a “Entergy Retained Claim”) and liabilities for such Entergy Retained Claims shall be assumed or retained by Entergy. All workers’ compensation Liabilities relating to, arising out of, or resulting from any Entergy Retained Claim or any claim by a Entergy Employee or Former Entergy Employee that results from an accident, incident, or event occurring, or from an occupational disease which becomes manifest before the Distribution Date shall be retained by Entergy.

Pre-Distribution Date Claims. Except as set forth below, all workers’ compensation liabilities relating to, arising out of, or resulting from any claim by a SpinCo Employee or Former SpinCo Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date shall be retained by SpinCo. Notwithstanding the foregoing, SpinCo shall not assume or retain any workers’ compensation liability relating to, arising out of, or resulting from any claim by a SpinCo Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, while such SpinCo Employee was employed by any member of the RemainCo Group (such a claim, a “RemainCo Retained Claim”). All workers’ compensation liabilities relating to, arising out of, or resulting from (i) any RemainCo Retained Claim or (ii) any claim by a RemainCo Employee or Former RemainCo Employee that results from an accident, incident, or event occurring, or from an occupational disease which becomes manifest before the Distribution Date shall be retained by RemainCo.

Pre-Distribution Date Claims. Except as set forth below, all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by a QEP Employee or Former QEP Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, before the Distribution Date shall be assumed or retained by QEP. Notwithstanding the foregoing, QEP shall not assume or retain any workers’ compensation Liability relating to, arising out of, or resulting from any claim by a QEP Employee that results from an accident, incident or event occurring, or from an occupational disease which becomes manifest, while such QEP Employee was employed by any member of the Questar Group (such a claim, a “Questar Retained Claim”). All workers’ compensation Liabilities relating to, arising out of, or resulting from (i) any Questar Retained Claim or (ii) any claim by a Questar Employee or Former Questar Employee that results from an accident, incident, or event occurring, or from an occupational disease which becomes manifest before the Distribution Date shall be assumed or retained by Questar.