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SEC Filings

8-K
COSI INC filed this Form 8-K on 12/28/2016
Entire Document
 

(G)         100% of the cost of workers’ compensation and employer’s liability insurance premiums; and
 
(H)          life insurance and accidental death and dismemberment insurance.
 
(j)            Operator and Owner acknowledge and agree that Owner shall be responsible for paying the Seconded Employee Expenses (or providing the employee benefits with respect thereto, as applicable) to the Seconded Employees, but that Operator shall be responsible for reimbursing Owner for the Seconded Employee Expenses in accordance with this Section 6(j).  Within 10 days after the expiration of each calendar month during the Term (a “Completed Month”), Owner shall provide Operator with an invoice setting forth the Seconded Employee Expenses for such Completed Month.  Operator shall pay to Owner the applicable Seconded Employee Expenses with respect to each Completed Month within 10 days of its receipt of the invoice for such Completed Month.  Within 20 days following the end of each calendar quarter, Owner shall provide Operator with supporting documentation reflecting and documenting the Seconded Employee Expenses incurred by Owner during such calendar quarter (the “Supporting Documentation”).  In the event of a discrepancy between the amounts reflected in the Supporting Documentation and the amounts set forth in the invoices for the calendar quarter to which the Supporting Documentation relates, the parties hereto shall promptly meet and seek to reconcile the amounts and Operator shall, if applicable, either issue a credit (which shall be offset against amounts owed by Operators in future invoices) or an additional invoice for any amounts due.
 
7.             Use of Premises.
 
(a)           Owner hereby agrees to grant to Operator the use of a portion of the existing physical space and facilities that are used in connection with the Business, including the building and office space currently used for the corporate headquarters of the Business located at 294 Washington Street, Suite 510, Boston, Massachusetts 02108 (the “HQ Building”) and all of the store locations under leases with Owner (“Store Premises”).  Operator shall be responsible for and shall pay when due all obligations as they arise during the Term for the HQ Building and the Store Premises.
 
(b)           The parties recognize that the use of certain portions of the HQ Building and the Store Premises (the “Premises”) are needed by Operator to operate the Business in accordance with this Agreement and Owner to administer its bankruptcy estate during the Term and agree to work cooperatively in respect of use of the Premises, and without limiting the foregoing, Operator will make available office space for up to three (3) Owner representatives at the HQ Building subject to Operator’s reasonable security measures.
 
(c)           Subject to Bankruptcy Court approval if and when required, with all costs of obtaining approval to be borne by Operator, Operator will have the right to and shall manage all third party services provided to the Premises, including the right to amend, terminate and reject any contracts with service providers, including, as applicable, telecommunications services, data processing, computer services, internet services, electricity, water and heating, ventilating and air conditioning at the levels provided immediately prior to the Effective Date and at levels reasonably sufficient to allow Operator to conduct the Business as the Business was conducted prior to the Effective Date or as Operator otherwise determines in its sole discretion.
 
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