Abraxis BioScience (ABII)

2.02 Severance Obligations.

(a) It is intended that the Alpha Personnel and the Generico Personnel shall not be entitled to any termination or severance benefits as a result of the Alpha Merger, the Generico Distribution, the Share Distribution or any other transaction contemplated by this Agreement or the Separation and Distribution Agreement (other than payments or benefits with respect to any such individuals who separate from service in connection with such transactions and are entitled to a termination or severance benefit under applicable legislation, which shall be the responsibility of New Alpha if the payment or benefit is payable to an Alpha Personnel, and shall be the responsibility of Generico if the payment or benefit is payable to a Generico Personnel), and each of the Alpha Parties and the Generico Parties shall cause the severance arrangements of the Alpha Group and the Generico Group, respectively, to be interpreted and administered consistent with such intent.

(b) Except as set forth in Section 2.02(a), from and after the Distribution Time, the Generico Parties shall be fully responsible for, and none of the Alpha Parties or any of the Affiliates of the Alpha Parties shall have any Liability or other obligation for, any termination or severance payment or benefit obligations with respect to any of the Generico Personnel (or any person who becomes an employee of any member of the Generico Group after the Distribution Time) payable after the Distribution Time, including any severance payments owed, but not yet paid, to any Former Generico Employee.

(c) From and after the Distribution Time, the Alpha Parties shall be fully responsible for, and none of the Generico Parties or any of the Affiliates of the Generico Parties shall have any Liability or other obligations for, any termination or severance payments or benefit obligations with respect to any of the Alpha Personnel (or any person who becomes an employee of any member of the Alpha Group after the Distribution Time) payable after the Distribution Time, including any severance payments owed, but not yet paid, to any Former Alpha Employee.