Common use of Workers’ Compensation Liabilities Clause in Contracts

Workers’ Compensation Liabilities. Except as provided below, all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by iGATE Transferees or Mastech 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 Effective Time and while such individual was employed by iGATE or an iGATE Entity shall be retained by iGATE, provided that Mastech shall reimburse iGATE or the applicable iGATE Entity for any deductibles or co-payments paid in respect of such Liabilities, to the extent attributable to such Liabilities. Mastech and each Mastech Entity shall 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 Mastech Employee or iGATE Transferee that results from an accident or from an occupational disease which is incurred or becomes manifest, as the case may be, after the Effective Time. For 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. iGATE, each iGATE Entity, Mastech and each Mastech Entity shall cooperate with respect to 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.

Appears in 2 contracts

Sources: Employee Matters Agreement (Mastech Holdings, Inc.), Employee Matters Agreement (Mastech Holdings, Inc.)

Workers’ Compensation Liabilities. Except as provided below, all All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by iGATE Transferees an Inland American Employee or Mastech Employees Former Inland American Employee that result results from an accident occurring, or from an occupational disease which is incurred or becomes manifestmanifest (collectively, “Workers’ Comp Liabilities”) before, as the case may be, on of or before after the Effective Time and while such individual was employed by iGATE or an iGATE Entity Time, shall be retained by iGATE, provided that Mastech shall reimburse iGATE and be obligations of Inland American or the applicable iGATE Entity for any deductibles or co-payments paid in respect of such Liabilities, to the extent attributable to such Liabilitiesits insurers. Mastech and each Mastech Entity shall be solely responsible for all workersAll Workerscompensation Comp Liabilities relating to, arising out of, or resulting from any claim incurred for a compensable injury sustained by a Mastech Xenia Employee or iGATE Transferee Former Xenia Employee that results arises or manifests prior to the date on which such Xenia Employee or Former Xenia Employee was covered by an applicable workers’ compensation insurance program maintained by a Xenia Entity shall be obligations of Inland American and its insurers, provided that Xenia shall reimburse Inland American to the extent of any such Workers’ Comp Liability actually incurred by an Inland American Entity. All Workers’ Comp Liabilities relating to, arising out of, or resulting from an accident any claim by a Xenia Employee or from an occupational disease which is incurred Former Xenia Employee that arises or becomes manifest, as the case may be, manifests on or after the Effective Timedate on which such Xenia Employee or Former Xenia Employee was covered under a workers’ compensation insurance program maintained by a Xenia Entity shall be obligations of Xenia and its insurers. For purposes of this Agreement, an a compensable injury giving rise to a Workers’ Comp Liability shall be deemed to be sustained upon the occurrence of the event giving rise to eligibility for workers’ compensation benefits oror at the time that an occupational disease becomes manifest, in as the case of an occupational disease, at such time as the occupational disease is diagnosed by a qualified medical professionalmay be. iGATE, each iGATE Entity, Mastech Each Inland American Entity and each Mastech Xenia Entity shall cooperate with respect to any notification to appropriate governmental agencies Governmental Authorities of the disposition effective time and the issuance of new, or the transfer of existing, workers’ compensation insurance policies and claims handling contracts.

Appears in 2 contracts

Sources: Employee Matters Agreement (Inland American Real Estate Trust, Inc.), Employee Matters Agreement (Xenia Hotels & Resorts, Inc.)

Workers’ Compensation Liabilities. (a) Except as provided below, all workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by iGATE Transferees or Mastech Employees an IAC Employee, Former IAC Employee, Expedia Employee and Former Expedia Employee that result results from an accident occurring, or from an occupational disease which is incurred or becomes manifest, as the case may be, on or before the Close of the Effective Time and while such individual was employed by iGATE or an iGATE Entity Date shall be retained by iGATE, provided that Mastech shall reimburse iGATE or the applicable iGATE Entity for any deductibles or co-payments paid in respect of such Liabilities, to the extent attributable to such LiabilitiesIAC. Mastech and each Mastech Entity shall be solely responsible for all All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim incurred for a compensable injury sustained by a Mastech an IAC Employee or iGATE Transferee Former IAC Employee that results from an accident occurring, or from an occupational disease which is incurred or becomes manifest, as the case may be, on or after the Effective TimeDate shall be retained by IAC. All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by an Expedia Employee or Former Expedia Employee that results from an accident occurring, or from an occupational disease which becomes manifest, on or after the Effective Date shall be retained by Expedia. For purposes of this Agreement, an a compensable injury shall be deemed to be sustained upon the occurrence of the event giving rise to eligibility for workers’ compensation benefits oror at the time that an occupational disease becomes manifest, in as the case of an occupational diseasemay be. IAC, at such time as Expedia and the occupational disease is diagnosed by a qualified medical professional. iGATE, each iGATE Entity, Mastech and each Mastech Entity other Expedia Entities shall cooperate with respect to any notification to appropriate governmental agencies of the disposition Effective Time and the issuance of new, or the transfer of existing, workers’ compensation insurance policies and claims handling contracts. (b) The parties acknowledge that Expedia and the Expedia Entities have been part of IAC’s workers’ compensation insurance program for certain periods prior to the Effective Date. For the program covering the term October 1, 2004 to the Effective Date (the “Current Term”), IAC will continue to administer the program and absorb all administrative costs associated with this obligation, and Expedia agrees to the following cost adjustments. Expedia will receive a pro-rated return premium covering the period from the Effective Date to October 1, 2005. The return premium will be received either on October 31, 2005 after Expedia fulfills its obligation of reimbursement to IAC for all monthly insurance charges up to October 1, 2005 or through the forgiveness of pre-paid insurance obligations of the Expedia Entities to IAC from the Effective Date to October 1, 2005. In addition, for both the program covering the Current Term and programs covering periods prior to the start of the Current Term, the Expedia Entities will be eligible for a one-time dividend, valued and payable on October 31, 2008, based on ultimate loss development as advised by IAC broker/consultants or recognized authority selected by IAC and reasonably acceptable to Expedia.

Appears in 2 contracts

Sources: Employee Matters Agreement (Iac/Interactivecorp), Employee Matters Agreement (Expedia, Inc.)

Workers’ Compensation Liabilities. Except as provided below, all All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by iGATE Transferees a Demand Media Employee or Mastech Employees Former Demand Media Employee that result results from an accident occurring, or from an occupational disease which is incurred or becomes manifestmanifest (collectively, as the case may be“Workers’ Comp Liabilities”) before, on or before after the Effective Time and while such individual was employed by iGATE or an iGATE Entity Distribution Date, shall be retained by iGATE, provided that Mastech shall reimburse iGATE and be obligations of Demand Media or the applicable iGATE Entity for any deductibles or co-payments paid in respect of such Liabilities, to the extent attributable to such Liabilitiesits insurers. Mastech and each Mastech Entity shall be solely responsible for all workersAll Workerscompensation Comp Liabilities relating to, arising out of, or resulting from any claim incurred for a compensable injury sustained by a Mastech Rightside Employee or iGATE Transferee Former Rightside Employee that results arises or manifests prior to the date on which such Rightside Employee or Former Rightside Employee was covered by an applicable workers’ compensation insurance program maintained by a Rightside Entity shall be obligations of Demand Media and its insurers. All Workers’ Comp Liabilities relating to, arising out of, or resulting from an accident any claim by a Rightside Employee or from an occupational disease which is incurred Former Rightside Employee that arises or becomes manifest, as the case may be, manifests on or after the Effective Timedate on which such Rightside Employee or Former Rightside Employee was covered under a workers’ compensation insurance program maintained by a Rightside Entity shall be obligations of Rightside and its insurers. For purposes of this Agreement, an a compensable injury giving rise to a Workers’ Comp Liability shall be deemed to be sustained upon the occurrence of the event giving rise to eligibility for workers’ compensation benefits oror at the time that an occupational disease becomes manifest, in as the case of an occupational disease, at such time as the occupational disease is diagnosed by a qualified medical professionalmay be. iGATE, each iGATE Entity, Mastech Each Demand Media Entity and each Mastech Rightside Entity shall cooperate with respect to any notification to appropriate governmental agencies Governmental Authorities of the disposition effective time and the issuance of new, or the transfer of existing, workers’ compensation insurance policies and claims handling contracts.

Appears in 2 contracts

Sources: Employee Matters Agreement (Rightside Group, Ltd.), Employee Matters Agreement (Rightside Group, Ltd.)

Workers’ Compensation Liabilities. Except as provided below, all All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by iGATE Transferees or Mastech Employees an IAC Employee, Former IAC Employee, SpinCo Employee and Former SpinCo Employee that result results from an accident occurring, or from an occupational disease which is incurred or becomes manifest, as the case may be, on or before the Mandatory Exchange Effective Time and while such individual was employed by iGATE or an iGATE Entity shall be retained by iGATEIAC; provided, provided however, that Mastech SpinCo promptly shall reimburse iGATE or the applicable iGATE Entity IAC for any deductibles such Liabilities relating to SpinCo Employees or co-payments paid in respect of such Liabilities, to Former SpinCo Employees borne by IAC following the extent attributable to such Liabilitiesdate on which the Mandatory Exchange Effective Time occurs. Mastech and each Mastech Entity shall be solely responsible for all All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim incurred for a compensable injury sustained by an IAC Employee or Former IAC Employee shall be retained by IAC. All workers’ compensation Liabilities relating to, arising out of, or resulting from any claim by a Mastech SpinCo Employee or iGATE Transferee Former SpinCo Employee that results from an accident occurring, or from an occupational disease which is incurred or becomes manifest, as the case may be, on or after the Mandatory Exchange Effective TimeTime shall be retained by SpinCo. For purposes of this Agreement, an a compensable injury shall be deemed to be sustained upon the occurrence of the event giving rise to eligibility for workers’ compensation benefits oror at the time that an occupational disease becomes manifest, in as the case of an occupational diseasemay be. IAC, at such time as SpinCo and the occupational disease is diagnosed by a qualified medical professional. iGATE, each iGATE Entity, Mastech and each Mastech Entity other SpinCo Entities shall cooperate with respect to any notification to appropriate governmental agencies of the disposition Mandatory Exchange Effective Time and the issuance of new, or the transfer of existing, workers’ compensation insurance policies and claims handling contracts.

Appears in 1 contract

Sources: Employee Matters Agreement (Vimeo, Inc.)