The prorated payment under this Section 4(b) will be made at the same time that similar such payments are made to active employees, but in no event later than two and one- half (2 1⁄2) months following the close of the year in which occurs the Executive’s Date of Termination.
The prorated payout applies only to the annual incentive programs designated above. The Plan does not provide for special vesting or payout rules for long-term incentive awards or awards made pursuant to the Stock Plans.
(c) Group Health Plan Lump Sum. The Executive will receive an amount (subject to applicable tax withholding) equal to the product of (i) the number of months provided under section 4(a) with respect to which the Severance Payment is calculated, and (ii) the monthly amount of the Company’s contribution to the premiums (or the Company’s cost allocation in lieu of premiums) for the medical coverage in which the Executive (and, if applicable, the Executive’s spouse and eligible dependents) were enrolled immediately prior to the Executive’s Date of Termination. For the avoidance of doubt, if, as of an Executive’s Date of Termination, such Eligible Executive does not participate in any of the Company’s group health plans, then the Executive’s Group Health Plan Lump Sum will equal zero. The group health plan lump sum payment will be paid at the same time and method as the Severance Payment referenced in section 4(a).
(d) Death of the Executive. If the Executive dies prior to the payments of amounts due to the Executive under this Plan, then any amounts that otherwise would have been paid to the Executive will be paid to the Executive’s estate.
(e) Payment in Lieu of Outplacement. The Executive will receive a payment of $10,000 USD (subject to applicable tax withholding) for his or her use in securing outplacement services. The Company will not offer any other form of outplacement assistance. The lump sum payment will be paid within two and one half (2 1⁄2) months following the last day of the month in which occurs the Executive’s Date of Termination.
(f) No Duplication of Benefits. Except as otherwise expressly provided pursuant to this Plan, this Plan shall be construed and administered in a manner which avoids duplication of compensation and benefits which may be provided under any other plan, program, contract, policy, or other individual agreement or arrangement. In the event an Executive is covered, as of his or her Date of Termination, by any other plan, program, contract, policy, or individual agreement or arrangement, that may duplicate the payments or benefits provided for in this Section 4, the Company or LiveWire Group Employer may reduce or eliminate benefits provided for under this Plan to the extent of the duplication.
(g) No Effect on Other Benefits. Other than Severance Benefits, which are governed by this Plan, this Plan does not abrogate (or enlarge) any of the usual entitlements which an Executive has or will have, first, while a regular employee, and subsequently, after termination, and thus, such Executive shall be entitled to receive all (but only such) benefits payable to him or her under each and every qualified plan, welfare plan, and any other plan, program, contract, or practice relating to benefits and
6