Common use of Employee Service Recognition Clause in Contracts

Employee Service Recognition. (a) EHP (acting directly or through a member of the EHP Group) shall give each EHP Employee full credit for purposes of eligibility, vesting, determination of level of benefits and, to the extent applicable, benefit accruals under any EHP Benefit Plan for such EHP Employee’s service with any member of the EPC Group prior to the Effective Time to the same extent such service was recognized by the corresponding EPC Benefit Plan immediately prior to the Effective Time; provided, however, that such service shall not be recognized to the extent that such recognition would result in the duplication of benefits under an EHP Benefit Plan and an EPC Benefit Plan. (b) Each of EPC and EHP (acting directly or through members of the EPC Group or the EHP Group, respectively) shall cause each of the EPC Benefit Plans and the EHP Benefit Plans, respectively, to provide the following service crediting rules effective as of the Effective Time: (i) If an EPC Employee after the Effective Time becomes employed by a member of the EHP Group, then, except to the extent required by applicable Law or the terms of the applicable Benefit Plan, such individual’s service with the EPC Group will not be recognized for any purpose under any EHP Benefit Plan. (ii) If an EHP Employee after the Effective Time becomes employed by a member of the EPC Group, then, except to the extent required by applicable Law or the terms of the applicable Benefit Plan, such individual’s service with the EHP Group will not be recognized for any purpose under any EPC Benefit Plan.