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SEC Filings

COSI INC filed this Form 8-K on 12/28/2016
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(c)           Operator has the right to terminate the secondment to it of any Seconded Employee for any reason at any time upon not less than three (3) Business Days prior written notice to Owner.  Upon the termination of the secondment of any Seconded Employee (whether as a result of termination of the secondment of such Seconded Employee by either party hereto or the Seconded Employee’s resignation of employment), such Seconded Employee will cease performing services for Operator and will cease to be a Seconded Employee for the purposes of this Agreement and Owner shall have no right to payment from Operator for  any salary, wages or benefits or other costs and liabilities relating to such Seconded Employees that accrue after the end of such Seconded Employee’s Period of Secondment.  Notwithstanding the foregoing,  if, pursuant to the terms of the Cosi APA or the Plan Option, the employment of any Seconded Employee transfers to Operator upon the Closing, the terms of the Cosi APA or the Plan Option shall govern such Seconded Employee’s transfer of employment to Operator.  If Owner reasonably requests, during a Seconded Employee’s Period of Secondment, Operator will provide (or cause to be provided) notices to Seconded Employees from Owner.
(d)           The Seconded Employees will remain at all times during their Periods of Secondment employees of Owner, but, in addition, during their respective Periods of Secondment they will also be joint employees of Operator and deemed to have been jointly hired by Owner and Operator for these purposes.  The parties hereto expressly recognize that both Owner and Operator are the statutory employers of the Seconded Employees for workers’ compensation purposes; provided, however, that Operator shall have primary authority, direction and control over the Seconded Employees in the performance of the Services.
(e)           In the course and scope of performing any Seconded Employee’s job functions for Operator during such Seconded Employee’s Secondment Period, the Seconded Employee will report into Operator’s management structure.  Those Seconded Employees who serve as supervisors or managers and who are called upon to oversee the work of other Seconded Employees performing the Services or to provide management support on behalf of Operator are designated by Operator as supervisors to act on the behalf of Operator in supervising the Seconded Employees.  Any Seconded Employee so designated will be acting on behalf of Operator when supervising the work of the Seconded Employees or when they are otherwise providing management support on behalf of Operator.
(f)            At all times during the Term, Owner will maintain workers’ compensation and employer’s liability insurance (either through an insurance company or qualified self-insured program) which shall include and afford coverage to the Seconded Employees during their respective Periods of Secondment.  Owner will name Operator as a named insured, additional insured, or alternate employer, as applicable, under such insurance policies or qualified self-insured programs.  Subject to Section 6(h), Operator shall reimburse Owner for all (100%) of the amount of the workers’ compensation and employer’s liability insurance premiums relating to the Seconded Employees with respect to their Periods of Secondment.  For the purposes of workers’ compensation and employment laws and employer’s liability coverage, Owner and Operator will be joint employers of the Seconded Employees during their Period of Secondment.

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