Common use of Workers’ Compensation Claims Clause in Contracts

Workers’ Compensation Claims. Effective on the Distribution Date, WhiteWave shall assume responsibility for all Liabilities for WhiteWave Employees and Former WhiteWave Employees related to any and all workers’ compensation claims and coverage, whether arising under any law of any state, territory, or possession of the U.S. or the District of Columbia and whether arising before or after the Distribution Date. Xxxx Foods shall be fully responsible for the administration of all such claims made prior to Distribution Date, but the WhiteWave Companies shall reimburse and otherwise fully indemnify Xxxx Foods for all Liabilities related to such claims in respect of such WhiteWave Employees and Former WhiteWave Employees, including (i) the costs of administering the plans, programs or arrangements under which any such Liabilities have accrued or otherwise arisen, (ii) paying benefits and settlements and (iii) establishing reserves, in each case as determined by Xxxx Foods or its designate. Any reimbursement amounts payable under this Section 6.4 shall be paid in accordance with the procedure set forth in Section 2.3. Xxxx Foods shall transfer to, or credit for the benefit of, the WhiteWave Companies an amount equal to the value of any reserves (as determined by Xxxx Foods in its sole discretion) set aside by Xxxx Foods prior to the Distribution Date (including any reserves established under any contract providing coverage against any such claims) for the payment of, or to meet the obligations in respect of, any such workers’ compensation benefits or obligations in respect of such WhiteWave Employees. With respect to any claim for Worker’s Compensation or similar benefits by a WhiteWave Employee or Former WhiteWave Employee made after the Distribution Date, WhiteWave shall be solely responsible for such claim and for complying with all applicable laws with respect thereto.