Payment and Effect of Change in Rates. Acuity and SpinCo shall use their reasonable best efforts to cause each of the insurance companies, HMOs, paid provider organizations and third-party administrators providing services and benefits under the Acuity Health and Welfare Plans and the SpinCo Health and Welfare Plans to maintain the premium and/or administrative rates based on the aggregate number of participants in the Acuity Health and Welfare Plans and the SpinCo Health and Welfare Plans, from the Close of the Distribution Date through August 31, 2008, separately rated or adjusted for the demographics, experience or other relevant factors related to the covered participants of Acuity and SpinCo, respectively. To the extent they are not successful in such efforts, Acuity and SpinCo shall each bear the revised premium or administrative rates for health and welfare benefits attributable to the individuals covered by their respective Health and Welfare Plans, taking into account the experience of such individuals. The assistance that Acuity shall provide SpinCo pursuant to this subsection (b) shall be provided subject to the terms and conditions of the Transition Services Agreement.
Appears in 3 contracts
Sources: Employee Benefits Agreement (Acuity SpinCo, Inc.), Employee Benefits Agreement (Zep Inc.), Employee Benefits Agreement (Zep Inc.)