Medical Coverage Continuation. In the event of the termination of Employee’s employment relationship (a) during the Term by Employer pursuant to Section 3.2 for any reason other than “cause” (as defined in Section 3.2(i)) or by Employee pursuant to Section 3.3(i) or 3.3(ii) or (b) during any Post Term Employment by the Employer, Employer shall provide Employee and, if he is married on the date of such termination, his spouse, to the extent that they were covered under Employer’s group medical benefits program for active employees (the “Employer Medical Plan”) at the date of termination, continued coverage under the Employer Medical Plan until the earliest to occur of the following events: (i) the Employee or his spouse receives substantially comparable coverage and benefits under the plans and programs of a subsequent employer, (ii) the later of the death of Employee or, if applicable, his spouse or (iii) the expiration of the 36 month period beginning on July 1, 2015. Notwithstanding the foregoing, at Employer’s election, and for all or part of the coverage duration described in the preceding sentence, Employer may provide such continued medical coverage under an insured arrangement that is purchased from a third party and that provides coverage substantially comparable to that provided at the time of Employee’s termination to active employees under the Employer Medical Plan. Employee or, after his death, Employee’s spouse (if applicable) shall pay for the full cost of such coverage at the time such coverage is provided and Employer shall reimburse Employee or, after his death, Employee’s spouse (if applicable) at a rate of 140% of the actual cost incurred on or within 10 days following the first day of each calendar quarter with respect to amounts paid by Employee and/or his spouse (if applicable) during the immediately preceding calendar quarter; provided, however, that amount of such reimbursement for each month of medical coverage provided under this Section 3.13 shall not exceed 140% of the then-applicable monthly cost of COBRA continuation coverage for Employee (and/or his spouse, as applicable) under the Employer Medical Plan per month; and provided, further, however, that to the extent that such benefit and any other miscellaneous separation pay benefits subject to Section 409A of the Code that are provided during the first six months following Employee’s termination of employment (for reasons other than Employee’s death) exceed the applicable dollar amount under Section 402(g)(1)(B) of the Code for the year in which such termination occurs, Employer shall reimburse Employee for 140% of the actual cost incurred for such coverage, subject to the limitation described above, for such six month period on the first day following the expiration of such six month period or within five days thereafter.
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Medical Coverage Continuation. In the event of the termination of Employee’s employment relationship (a) during the Term by Employer pursuant to Section 3.2 for any reason other than “cause” (as defined in Section 3.2(i)) or by Employee pursuant to Section 3.3(i) or 3.3(ii) or (b) during any Post Term Employment by the Employer), Employer shall provide Employee and, if he is married on the date of such termination, his spouse, to the extent that they were covered under Employer’s group medical benefits program for active employees (the “Employer Medical Plan”) at the date of termination, continued coverage under the Employer Medical Plan until the earliest to occur of the following events: (i) the Employee or his spouse receives substantially comparable coverage and benefits under the plans and programs of a subsequent employer, (ii) the later of the death of Employee or, if applicable, his spouse or (iii) the expiration of the 36 month period beginning on July 1, 2015. Notwithstanding the foregoing, at Employer’s election, and for all or part of the coverage duration described in the preceding sentence, Employer may provide such continued medical coverage under an insured arrangement that is purchased from a third party and that provides coverage substantially comparable to that provided at the time of Employee’s termination to active employees under the Employer Medical Plan. Employee or, after his death, Employee’s spouse (if applicable) shall pay for the full cost of such coverage at the time such coverage is provided and Employer shall reimburse Employee or, after his death, Employee’s spouse (if applicable) at a rate of 140% of the actual cost incurred on or within 10 days following the first day of each calendar quarter with respect to amounts paid by Employee and/or his spouse (if applicable) during the immediately preceding calendar quarter; provided, however, that amount of such reimbursement for each month of medical coverage provided under this Section 3.13 shall not exceed 140% of the then-applicable monthly cost of COBRA continuation coverage for Employee (and/or his spouse, as applicable) under the Employer Medical Plan per month; and provided, further, however, that to the extent that such benefit and any other miscellaneous separation pay benefits subject to Section 409A of the Code that are provided during the first six months following Employee’s termination of employment (for reasons other than Employee’s death) exceed the applicable dollar amount under Section 402(g)(1)(B) of the Code for the year in which such termination occurs, Employer shall reimburse Employee for 140% of the actual cost incurred for such coverage, subject to the limitation described above, for such six month period on the first day following the expiration of such six month period or within five days thereafter.
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