employees of SUREBEAM and the SUREBEAM Entities under the FMLA before July
1, 2002 by TITAN, SUREBEAM, or a SUREBEAM Entity, including such leaves that are
to commence after July 1, 2002; (ii) SUREBEAM and each SUREBEAM Entity shall be
solely responsible for administering compliance with the FMLA with respect to
their employees; and (iii) SUREBEAM and each SUREBEAM Entity shall recognize all
periods of service of SUREBEAM Individuals and all other employees of SUREBEAM
and the SUREBEAM Entities with TITAN or a TITAN Entity, as applicable, to the
extent such service is recognized by TITAN for the purpose of eligibility for
leave entitlement under the FMLA; provided, that no duplication of benefits
shall be required by the foregoing.
4
(b)
As soon as administratively possible after July 1, 2002, TITAN
shall provide to SUREBEAM copies of all records pertaining to the FMLA with
respect to all SUREBEAM Individuals and all other employees of SUREBEAM and the
SUREBEAM Entities to the extent such records have not been provided previously
to SUREBEAM or a SUREBEAM Entity.
3.3
Workers' Compensation Programs.
TITAN and the TITAN WCP shall
retain, discharge and pay all Liabilities arising under the TITAN WCP,
including, without limitation, all Liabilities relating to claims that are, or
have been, incurred under the TITAN WCP before August 5, 2002 by SUREBEAM
Individuals.
SUREBEAM and the SUREBEAM WCP shall retain, discharge and pay all
Liabilities arising under the SUREBEAM WCP.
Each party shall fully cooperate
with the other with respect to the administration and reporting of claims under
the TITAN WCP and the SUREBEAM WCP, to the extent that such cooperation is
permitted under applicable law and does not otherwise have a material adverse
effect on the TITAN WCP or the SUREBEAM WCP.
3.4
SureBeam Health and Welfare Plans.
As of July 1, 2002, SUREBEAM
shall have established SUREBEAM Health and Welfare Plans listed on Exhibit A,
and correspondingly, SUREBEAM shall have ceased to be a participating company in
Titan Health and Welfare Plans.
SUREBEAM shall be solely responsible for the
administration of the SUREBEAM Health and Welfare Plans, including the payment
of all employer-related costs in establishing and maintaining the SUREBEAM
Health and Welfare Plans, and for the collection and remittance of employee
premiums.
SUREBEAM acknowledges that it will be billed for premiums
attributable to its employees in accordance with the Corporate Services
Agreement dated August 4, 2000 until July 1, 2002.
No SUREBEAM employee may
participate in any TITAN Health and Welfare Plan after the Distribution Date.
On and after the Distribution Date, SUREBEAM shall cause the SUREBEAM Health and
Welfare Plans to recognize and give credit for (A) all amounts applied to
deductibles, out-of-pocket maximums, co-payments and other applicable benefit
coverage limits with respect to which such expenses have been incurred by
SUREBEAM Individuals under the Titan health plans for the remainder of the
calendar year in which the Distribution Date occurs, and (B) all benefits paid
to SUREBEAM Individuals under the Titan health plans for purposes of