Common use of Workers’ Compensation Claims Clause in Contracts

Workers’ Compensation Claims. Notwithstanding Section 2.05, in the case of any workers’ compensation claim of any BNED Employee or Former BNED Employee who participates in a workers’ compensation plan of a member of the B&N Group (a “B&N Workers’ Compensation Plan”), such claim shall be covered (a) under such B&N Workers’ Compensation Plan if the Workers’ Compensation Event occurred prior to the Distribution, and (b) under a workers’ compensation plan of the BNED Group (each, a “BNED Workers’ Compensation Plan”) if the Workers’ Compensation Event occurs on or after the Distribution. If the Workers’ Compensation Event occurs over a period both preceding and following the Distribution, the claim shall be covered jointly under the B&N Workers’ Compensation Plan and the BNED Workers’ Compensation Plan and shall be equitably apportioned between them based upon the relative periods of time that the Workers’ Compensation Event transpired preceding and following the Distribution. Notwithstanding the foregoing, BNED shall be obligated to reimburse B&N for the Workers’ Compensation Reimbursement Amounts in accordance with Section 15.01.

Workers’ Compensation Claims. Notwithstanding Section 2.05, in the case of any workers’ compensation claim of any BNED SpinCo Employee or Former BNED SpinCo Employee who participates in a workers’ compensation plan of a member of the B&N HCMC Group (a “B&N HCMC Workers’ Compensation Plan”), such claim shall be covered (a) under such B&N HCMC Workers’ Compensation Plan if the Workers’ Compensation Event occurred prior to the Distribution, and (b) under a workers’ compensation plan of the BNED SpinCo Group (each, a “BNED SpinCo Workers’ Compensation Plan”) if the Workers’ Compensation Event occurs on or after the Distribution. If the Workers’ Compensation Event occurs over a period both preceding and following the Distribution, the claim shall be covered jointly under the B&N HCMC Workers’ Compensation Plan and the BNED SpinCo Workers’ Compensation Plan and shall be equitably apportioned between them based upon the relative periods of time that the Workers’ Compensation Event transpired preceding and following the Distribution. Notwithstanding the foregoing, BNED SpinCo shall be obligated to reimburse B&N HCMC for the Workers’ Compensation Reimbursement Amounts in accordance with Section 15.0114.01.