(i) With respect to Health and Welfare Benefits that are eligible for continuation coverage under COBRA, in the event [[Company:Organization]] is unable to continue Employee’s and Employee’s eligible dependents’ (assuming such dependents were covered by [[Company:Organization]] at the time of termination) participation under [[Company:Organization]]’s then existing insurance policies for such Health and Welfare Benefits, Employee may elect to obtain coverage for such Health and Welfare Benefits either by # electing COBRA continuation benefits for Employee and Employee’s eligible dependents; # obtaining individual coverage for Employee and Employee’s eligible dependents (if Employee and Employee’s eligible dependents qualify for individual coverage); or # electing coverage as eligible dependents under another person’s group coverage (if Employee and Employee’s eligible dependents qualify for such dependent coverage), or any combination of the foregoing alternatives. Employee may also initially elect COBRA continuation benefits and later change to individual coverage or dependent coverage for Employee or any eligible dependent of Employee, but Employee understands that if continuation of Health and Welfare Benefits under COBRA is not initially selected by Employee or is later terminated by Employee, Employee will not be able to return to continuation coverage under COBRA. [[Company:Organization]] shall pay directly or reimburse to Employee the monthly premiums for the benefits or coverage selected by Employee, with such payment or reimbursement not to exceed the monthly premiums [[Company:Organization]] would have paid assuming Employee elected continuation of benefits under COBRA. [[Company:Organization]]’s obligation to pay or reimburse for the Health and Welfare Benefits covered by this [Section 2(b)(i)] shall terminate upon the earlier of # the end of the Severance Period; and # Employee’s employment by an employer that provides Employee and Employee’s eligible dependents with group coverage substantially similar to the Health and Welfare Benefits provided to Employee and Employee’s eligible dependents at the time of the termination of Employee’s employment with [[Company:Organization]], provided that Employee and Employee’s eligible dependents are eligible for participation in such group coverage.
With respect to Health and Welfare Benefits that are not eligible for continuation coverage under COBRA, in the event [[Company:Organization]] is unable to continue Employee’s participation under [[Company:Organization]]’s then existing insurance policies for such Health and Welfare Benefits, Employee may elect to obtain coverage for such Health and Welfare Benefits either by # obtaining individual coverage for Employee (if Employee qualifies for individual coverage); or # electing coverage as an eligible dependent under another person’s group coverage (if Employee qualifies for such dependent coverage), or any combination of the foregoing alternatives. [[Company:Organization]] shall pay directly or reimburse to Employee the monthly premiums for the benefits or coverage selected by Employee, with such payment or reimbursement not to exceed the monthly premiums [[Company:Organization]] paid for such Health and Welfare Benefits at the time of termination of Employee’s employment with [[Company:Organization]]. [[Company:Organization]]’s obligation to pay or reimburse for the Health and Welfare Benefits covered by this [Section 2(b)(ii)] shall terminate upon the earlier of # the end of the Severance Period; and # Employee’s employment by an employer that provides Employee with group coverage substantially similar to the Health and Welfare Benefits provided to Employee at the time of the termination of Employee’s employment with [[Company:Organization]], provided that Employee is eligible for participation in such group coverage. Employee acknowledges and agrees that [[Company:Organization]] shall not be obligated to provide any Health and Welfare Benefits covered by this [Section 2(b)(ii)] for Employee if Employee does not qualify for coverage under [[Company:Organization]]’s existing insurance policies for such Health and Welfare Benefits, for individual coverage, or for dependent coverage.
Notwithstanding any other provision of this Agreement to the contrary, Employee shall not continue to be eligible for health and welfare benefit plan coverage (other than the right to elect continuation coverage under COBRA or similar state continuation coverage laws) after Employee’s termination of employment. In the event Employee properly and timely elects continuation coverage under COBRA, Employee shall be required to pay such portion of the cost of such continuation coverage, as is paid by other similarly situated active executives.
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