Common use of Workers’ Compensation Liabilities Clause in Contracts

Workers’ Compensation Liabilities. All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by Bioverativ Employees or Former Bioverativ Employees that result from an accident or from an occupational disease which is incurred or becomes manifest, as the case may be, on or before the Distribution Effective Time and while such individual was employed by Biogen or a Biogen Group member shall be assumed by Bioverativ as of the Distribution Effective Time; provided, however, that to the extent that either (1) such a Liability is covered under an workers compensation insurance policy of Biogen or a Biogen Group member or (2) Biogen has received an invoice for a covered expense prior to the Distribution Effective Time, Bioverativ shall not assume such Liability. Notwithstanding the foregoing, Bioverativ shall assume worker’s compensation Liabilities to the extent they are imposed on Bioverativ under applicable law or where the injury or illness related to the Liability is aggravated or subject to further injury after the Distribution Effective Time. A Liability which must be paid due to the existence of a deductible shall not be deemed to be covered by a workers compensation insurance policy for purposes of this Section 4.4. Subject to the foregoing, Bioverativ and each Bioverativ Group member shall also be solely responsible for all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim incurred for a compensable injury sustained by a Bioverativ Employee that results from an accident or from an occupational disease which is incurred or becomes manifest, as the case may be, after the Distribution Effective Time. Biogen, each Biogen Group member, Bioverativ and each Bioverativ Group member shall cooperate with respect to processing of claims, any notification to appropriate governmental agencies of the disposition and the issuance of new, or the transfer of existing, workers’ compensation insurance policies and claims handling contracts.

Workers’ Compensation Liabilities. All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by Bioverativ Baudax Employees or Former Bioverativ Baudax Employees that result from an accident that occurs, or from an occupational disease which is incurred or becomes manifest, as the case may be, on or before the Distribution Effective Time and while such individual was employed by Biogen Recro or a Biogen Recro Group member shall be assumed by Bioverativ Baudax as of the Distribution Effective Time; provided, however, that to the extent that either (1) such a Liability is covered under an a workers compensation insurance policy of Biogen Recro or a Biogen Recro Group member or (2) Biogen Recro has received an invoice for a covered expense prior to the Distribution Effective Time, Bioverativ Baudax shall not assume such Liability. Notwithstanding the foregoing, Bioverativ Baudax shall assume worker’s compensation Liabilities to the extent they are imposed on Bioverativ Baudax under applicable law Law or where the injury or illness related to the Liability is aggravated or subject to further injury after the Distribution Effective Time. A Liability which must be paid due to the existence of a deductible shall not be deemed to be covered by a workers compensation insurance policy for purposes of this Section 4.4. Subject to the foregoing, Bioverativ Baudax and each Bioverativ Baudax Group member shall also be solely responsible for all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim incurred for a compensable injury sustained by a Bioverativ Baudax Employee that results from an accident or from an occupational disease which is incurred or becomes manifest, as the case may be, after the Distribution Effective Time. BiogenRecro, each Biogen Recro Group member, Bioverativ Baudax and each Bioverativ Baudax Group member shall cooperate with respect to processing of claims, any notification to appropriate governmental agencies of the disposition and the issuance of new, or the transfer of existing, workers’ compensation insurance policies and claims handling contracts.

Workers’ Compensation Liabilities. All Except as provided below, all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by Bioverativ Employees ASD Transferees or Former Bioverativ WABCO Employees that result from an accident or from an occupational disease which is incurred or becomes manifest, as the case may be, on or before the Distribution Effective Time and while such individual was employed by Biogen ASD or a Biogen an ASD Group member shall be assumed retained by Bioverativ as ASD, provided that WABCO shall reimburse ASD or the applicable ASD Group member for any deductibles or co-payments paid in respect of the Distribution Effective Time; providedsuch Liabilities, however, that to the extent that either (1) attributable to such a Liability is covered under an workers compensation insurance policy of Biogen or a Biogen Group member or (2) Biogen has received an invoice for a covered expense prior to the Distribution Effective Time, Bioverativ shall not assume such LiabilityLiabilities. Notwithstanding the foregoing, Bioverativ shall assume worker’s compensation Liabilities to the extent they are imposed on Bioverativ under applicable law or where the injury or illness related to the Liability is aggravated or subject to further injury after the Distribution Effective Time. A Liability which must be paid due to the existence of a deductible shall not be deemed to be covered by a workers compensation insurance policy for purposes of this Section 4.4. Subject to the foregoing, Bioverativ WABCO and each Bioverativ WABCO Group member shall also be solely responsible for all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim incurred for a compensable injury sustained by a Bioverativ WABCO Employee or ASD Transferee that results from an accident or from an occupational disease which is incurred or becomes manifest, as the case may be, after the Distribution Effective Time. BiogenFor purposes of this Agreement, an injury shall be deemed to be sustained upon the occurrence of the event giving rise to eligibility for workers’ compensation benefits or, in the case of an occupational disease, at such time as the occupational disease is diagnosed by a qualified medical professional. ASD, each Biogen ASD Group member, Bioverativ WABCO and each Bioverativ WABCO Group member shall cooperate with respect to processing of claims, any notification to appropriate governmental agencies of the disposition and the issuance of new, or the transfer of existing, workers’ compensation insurance policies and claims handling contracts.

Workers’ Compensation Liabilities. All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by Bioverativ Baudax Employees or Former Bioverativ Baudax Employees that result from an accident that occurs, or from an occupational disease which is incurred or becomes manifest, as the case may be, on or before the Distribution Transfer Effective Time and while such individual was employed by Biogen Recro or a Biogen Recro Group member shall be assumed by Bioverativ Baudax as of the Distribution Transfer Effective Time; provided, however, that to the extent that either (1) such a Liability is covered under an a workers compensation insurance policy of Biogen Recro or a Biogen Recro Group member or (2) Biogen Recro has received an invoice for a covered expense prior to the Distribution Transfer Effective Time, Bioverativ Baudax shall not assume such Liability. Notwithstanding the foregoing, Bioverativ Baudax shall assume worker’s compensation Liabilities to the extent they are imposed on Bioverativ Baudax under applicable law Law or where the injury or illness related to the Liability is aggravated or subject to further injury after the Distribution Transfer Effective Time. A Liability which must be paid due to the existence of a deductible shall not be deemed to be covered by a workers compensation insurance policy for purposes of this Section 4.4. Subject to the foregoing, Bioverativ Baudax and each Bioverativ Baudax Group member shall also be solely responsible for all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim incurred for a compensable injury sustained by a Bioverativ Baudax Employee that results from an accident or from an occupational disease which is incurred or becomes manifest, as the case may be, after the Distribution Transfer Effective Time. BiogenRecro, each Biogen Recro Group member, Bioverativ Baudax and each Bioverativ Baudax Group member shall cooperate with respect to processing of claims, any notification to appropriate governmental agencies of the disposition and the issuance of new, or the transfer of existing, workers’ compensation insurance policies and claims handling contracts.