The Parties desire that friendly collaboration will develop between them. The descriptive headings herein are inserted for convenience of reference only and are not intended to be a substantive part of or to affect the meaning or interpretation of this Agreement. Whenever required by the context, any pronoun used in this Agreement shall include the corresponding masculine, feminine or neuter forms, and the singular forms of nouns, pronouns, and verbs shall include the plural and vice versa.
Reference to any agreement, document, or instrument means such agreement, document, or instrument as amended or otherwise modified from time to time in accordance with the terms thereof, and if applicable hereof. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation. The Parties agree that prior drafts of this Agreement shall be deemed not to provide any evidence as to the meaning of any provision hereof or the intent of the Parties hereto with respect hereto.
This Agreement may be executed in multiple counterparts any one of which need not contain the signatures of more than one party , each of which shall be deemed to be an original, but all of which taken together shall constitute one and the same agreement. This Agreement, and any amendments hereto, to the extent signed and delivered by means of a facsimile machine or other electronic transmission, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effects as if it were the original signed version thereof delivered in person.
At the request of any Party, each other Party shall re-execute original forms thereof and deliver them to all other Parties. No Party shall raise the use of a facsimile machine or other electronic means to deliver a signature or the fact that any signature was transmitted or communicated through the use of facsimile machine or other electronic means as a defense to the formation of a contract and each such Party forever waives any such defense. Capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Separation Agreement.
In addition, for purposes of this Agreement, the following terms shall have the following meanings:. Revised Retirement Plan Number 2. In all such instances in which HBI is referred to in this Agreement, it shall also be deemed to include a reference to each member of the HBI Group, unless it specifically provides otherwise; HBI shall be solely responsible to Sara Lee for ensuring that each member of the HBI Group complies with the applicable terms of this Agreement. Employee Health Benefit Plan. Pension and Retirement Plan. In all such instances in which Sara Lee is referenced in this Agreement, it shall also be deemed to include a reference to each member of the Sara Lee Group, unless it specifically provides otherwise; Sara Lee shall be solely responsible to HBI for ensuring that each member of the Sara Lee Group complies with the applicable terms of this Agreement.
Supplemental Employee Retirement Plan. Unless the context otherwise requires, reference to Sara Lee and its Subsidiaries shall not include the subsidiaries of Sara Lee that will be transferred to HBI after giving effect to the Separation. Key Executive Life Insurance Plan.
Table of Contents Section 1. Pension Plan D. Equity and Incentive Compensation E.
Nonqualified Plans F. Assistance by Sara Lee Section 1. Participation in Sara Lee Plans B. Non-Duplication of Benefits B. Service Credit Section 1. Foreign Plans A. Pension Plan A. Pension Plan Trust B. Puerto Rico Plans Section 2. Canadian Pension Plans Section 2. Deferred Compensation Plan Section 3.
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SERP Section 3. Other Non-Qualified Plans Section 3. Administrative Services Section 4. Health Plans as of the Distribution Date A. Assumption of Retiree Medical Liabilities E.
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CMS Section 4. Section Plan Section 4. Severance Plans Section 4. Disability Plans Section 4. Group Insurance Plan Section 4. Executive Plans Section 5. Sara Lee Performance Shares Section 5. Sara Lee Options Section 5. Administrative Services Section 6.
Fringe Benefit Plans Section 6. Paid Time Off Section 7. Intercompany Transitional Services Section 7.
Expenses and Costs Chargeable to a Trust B. Contributions to Trusts D. Plan and Participant Information Section 7. Reporting and Disclosure Communications to Participants Section 7.
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Employee Identification Numbers Section 7. Beneficiary Designation Section 7. Fiduciary Matters Section 7. Consent of Third Parties Section 7. Financial Reporting Cooperation Section 8. Collective Bargaining Agreements Section 8. Post-Distribution Payroll Discrepancies Section 8. Employment of Employees with U. Work Visas Section 8. Confidentiality and Proprietary Information Section 8. Personnel Records Section 8.
No. COAJacobs v. Sara Lee Corporation et al.
Medical Records Section 8. Unemployment Insurance Program A. Amendments And Waivers Section 9. Parties In Interest Section 9.
Assignment; Binding Agreement Section 9. Notices A. Severability Section 9.
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Governing Law Section 9. Submission To Jurisdiction Section 9. Waiver Of Jury Trial Section 9. Amicable Resolution Section 9. Arbitration Section 9. Construction Section 9. Counterparts Section 9. Limitation On Damages Section 9. Affiliated Company Section Agreement Section Ancillary Agreements Section Assets Section Branded Apparel Business Section Canadian Designated Pension Plan Section Canadian Main Pension Plan Section Canadian Pension Plans Section CMS Section Code Section Dedicated Employee Agreement Section Deferred Compensation Plan Section Disability Plans Section Distribution Section Distribution Date Section DOL Section Executive Plans.
Section The data powering this website is available programmatically, via an API. We have reconstructed basic information about the organization like its name and tax code designation from an old list of exempt organiations. However, this information may be out of date. It's even possible that the organization no longer has tax exempt status or no longer exists. Let us know. Nonprofit Tax Code Designation: c 9 Defined as: Voluntary employees beneficiary associations, which provide payment of life, sickness, accident or other benefits to members.
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