Acceptance Procedure Lessor hereby authorizes one or more employees of the related Lessee, to be designated by such Lessee, as the authorized representative or representatives of Lessor to accept delivery on behalf of Lessor of that Leased Property identified on the applicable Funding Request. Each Lessee hereby agrees that such acceptance of delivery by such authorized representative or representatives and the execution and delivery by such Lessee on each Closing Date for property to be leased hereunder of a Lease Supplement in substantially the form of Exhibit A hereto (appropriately completed) shall, without further act, constitute the irrevocable acceptance by such Lessee of that Leased Property which is the subject thereof for all purposes of this Lease and the other Operative Documents on the terms set forth therein and herein, and that such Leased Property, together with, in the case of Land, any Building or other improvements thereon or to be constructed thereon pursuant to the Construction Agency Agreement, shall be deemed to be included in the leasehold estate of this Lease and shall be subject to the terms and conditions of this Lease as of such Closing Date. The demise and lease of each Building pursuant to this Section 2.2 shall include any additional right, title or interest in such Building which may at any time be acquired by Lessor, the intent being that all right, title and interest of Lessor in and to such Building shall at all times be demised and leased to the related Lessee hereunder.
Acceptance Procedures Based on the Reply Prices and Reply Amounts received by the Auction Agent prior to the applicable Auction Response Date, the Auction Agent, in consultation with the Auction Party, will determine the applicable price (the “Applicable Price”) for the Auction, which will be the lowest Reply Price for which the Auction Party can complete the Auction at the Auction Amount; provided that, in the event that the Reply Amounts are insufficient to allow the Auction Party to complete a purchase of the entire Auction Amount (any such Auction, a “Failed Auction”), the Auction Party shall either, at its election, (i) withdraw the Auction or (ii) complete the Auction at an Applicable Price equal to the highest Reply Price. The Auction Party shall purchase the relevant Term Loans (or the respective portions thereof) from each Lender with a Reply Price that is equal to or lower than the Applicable Price (“Qualifying Bids”) at the Applicable Price; provided that if the aggregate proceeds required to purchase all Term Loans subject to Qualifying Bids would exceed the Auction Amount for such Auction, the Auction Party shall purchase such Term Loans at the Applicable Price ratably based on the principal amounts of such Qualifying Bids (subject to rounding requirements specified by the Auction Agent in its discretion). If a Lender has submitted a Return Bid containing multiple bids at different Reply Prices, only the bid with the lowest Reply Price that is equal to or less than the Applicable Price will be deemed to be the Qualifying Bid of such Lender (e.g., a Reply Price of $100 with a discount to par of 1%, when compared to an Applicable Price of $100 with a 2% discount to par, will not be deemed to be a Qualifying Bid, while, however, a Reply Price of $100 with a discount to par of 2.50% would be deemed to be a Qualifying Bid). The Auction Agent shall promptly, and in any case within five Business Days following the Auction Response Date with respect to an Auction, notify (I) the Borrower of the respective Lenders’ responses to such solicitation, the effective date of the purchase of Term Loans pursuant to such Auction, the Applicable Price, and the aggregate principal amount of the Term Loans and the tranches thereof to be purchased pursuant to such Auction, (II) each participating Lender of the effective date of the purchase of Term Loans pursuant to such Auction, the Applicable Price, and the aggregate principal amount and the tranches of Term Loans to be purchased at the Applicable Price on such date, (III) each participating Lender of the aggregate principal amount and the tranches of the Term Loans of such Lender to be purchased at the Applicable Price on such date and (IV) if applicable, each participating Lender of any rounding and/or proration pursuant to the second preceding sentence. Each determination by the Auction Agent of the amounts stated in the foregoing notices to the Borrower and Lenders shall be conclusive and binding for all purposes absent manifest error.
Acceptance Process All deliverables must be received and accepted in writing by Department’s Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee’s expense. If Department’s Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected.
POST ONLINE PUBLIC AUCTION PROCEDURES 4.1. Successful E-bidders shall and undertake to sign the Memorandum of Sale at the office of the Auctioneer within 3 working days from the date of auction, failing which the deposit paid will be forfeited to the Assignee bank and the sale will be deemed cancelled/terminated and the property may be put up again for subsequent auction without further notice to the said E-Bidders. The Auctioneer shall send the Memorandum of Sale for stamping and thereafter forward the same together with the required deposit paid under Clause 2.4 above and the differential sum paid under this clause (if any) to the Assignee bank.
ARTICLE GRIEVANCE PROCEDURE The parties to this Agreement are agreed that it is of the utmost importance to adjust complaints and grievances as quickly as possible. Unless agreed to by both the Company and the Union, no grievance shall be presented, the alleged circumstances of which originated or occurred, or should have come to the attention of the employee concerned, more than five (5) working days prior to its original presentation in writing at Step A grievance shall consist of a dispute concerning interpretation and/or application of any Article, Schedule or Clause in this Agreement. Should a grievance arise it shall be handled as follows. Prior to filing a formal grievance, an employee will, with the assistance of his xxxxxxx, refer the on an informal basis to his immediate Supervisor. If the grievance cannot be settled as a result of this discussion, then it may be dealt with as follows: STEP The employee shall a written grievance with his immediate Supervisor within five (5) working days of the incident giving rise to the complaint. The immediate Supervisor shall answer the grievance within five (5) working days. The grievance shall specify the Article or Articles and subsections of the Agreement of which a violation is alleged, indicate the relief sought and be signed by the employee. STEP Should the employee be dissatisfied with the disposition of the grievance at Step the grievance may be referred to the Plant Manager within five (5) working days after receipt of the immediate Supervisor's reply at Step The Plant Manager shall convene a meeting with the and Chief Xxxxxxx and shall answer the grievance in writing within five (5) working days of such meeting. STEP If no settlement is reached at Step the the Union Grievance Committee and representatives of Management shall meet to discuss the grievance within five (5) working days of receipt of the reply of the Plant Manager. The Union's National Representative will be in attendance at this meeting. If the grievance is not settled within five (5) working days it may be referred to arbitration as hereinafter provided. The Union or the Company may initiate a grievance beginning at Step of the Grievance Procedure. Such grievance shall be filed within five (5) working days of the incident giving rise to the complaint and be in the form prescribed in Step Any such grievance may be referred to arbitration under Article by either the Union in the case of a Union grievance or the Company in the case of a Company grievance. The Union may not institute a grievance directly affecting an employee or employees which such employee or employees could themselves institute and the regular Grievance Procedure shall not thereby be by-passed except where the grievance would affect the Bargaining Unit as a whole. This Clause shall not preclude a group grievance signed by a group of employees commencing at Step Any complaint or grievance which is not commenced or processed through the next stage of the Grievance or Arbitration Procedure within the time specified shall be deemed to have been dropped. However, time limits specified in the Grievance Procedure may be extended by mutual agreement in writing between the Company and the Union. An employee who has been discharged or suspended may file a written grievance at Step within five (5) working days of the discharge or suspension. Rolling Sunset Clause: In taking disciplinary action within twenty-four (24) months from the date of a suspension or dismissal (reinstatement) for a similar infraction, the Company may consider the employee's entire record preceding suspension or dismissal (reinstatement), as the case may be. In taking disciplinary action within twelve 2) months from the date of an oral or written warning for a similar infraction, the Company may consider the employee's entire record preceding the employee's oral or written warning, as the case may be.
GRIEVANCE PROCEDURE 7 Section 4.1. Definition 7 Section 4.2. Procedures 7 Section 4.3. Limitations on Authority of Arbitrator 8 Section 4.4. Expenses of Arbitration 9 Section 4.5. Union Grievances 9 Section 4.6. Time Limits 9 Section 4.7. Miscellaneous 10 Section 4.8. Discipline 10 Section 4.9. Oral or Written Reprimands 11 Section 4.10. Applicability of Grievance and Arbitration Procedure to Discipline 11 ARTICLE V LABOR-MANAGEMENT COMMITTEE 12 ARTICLE VI SENIORITY, LAYOFF AND RECALL 13 Section 6.1. Definition 13 Section 6.2. Probationary Period 13 Section 6.3. Layoff and Recall 13 Section 6.4. Seniority List 15 Section 6.5. Posting of Certain Training Opportunities 15 Section 6.6. Termination of Seniority 15 Section 6.7. Reemployment After Expiration of Right to Recall 16 ARTICLE VII HOURS OF WORK AND OVERTIME 17 Section 7.1. Purpose 17 Section 7.2. Normal Work Cycle 17 Section 7.3. A Day Trades 18 Section 7.4. Overtime 19 Section 7.5. Changing or Trading Tours of Duty 19 Section 7.6. Hireback Procedure 19 Section 7.7. Compensatory Time 20 Section 7.8. Call-Back Pay 21 Section 7.9. No Pyramiding 21 ARTICLE VIII SALARIES AND OTHER COMPENSATION 22 Section 8.1. Salaries 22 Section 8.2. Longevity Pay 24 Section 8.3. Out of Classification Pay 25 Section 8.4. Paramedic Stipend 25 Section 8.5. Paramedic Preceptor 25 ARTICLE IX VACATIONS 26 Section 9.1. Amount of Vacation 26 Section 9.2. Vacation Eligibility 26 Section 9.3. Vacation Scheduling 26 Section 9.4. Limitation on Accumulation of Vacation 27 Section 9.5. Pay Upon Separation 28 Section 9.6. Vacation Day Trades 28 ARTICLE X HOLIDAYS 29 Section 10.1. Holidays for Employees Assigned to 8-Hour Shifts. 29 Section 10.2. Holidays for Employees Assigned to 24-Hour Shifts 30 Section 10.3. Pay for Hirebacks on Holidays 30 ARTICLE XI INSURANCE 31 Section 11.1. Caferteria Benefits Plan 31 Section 11.2. Retirees Insurance 31 Section 11.3. Flexible Benefits Plan 31 Section 11.4. Right to Change Carriers 31 Section 11.5. Terms of Policies to Govern 32 Section 11.6. Right to Maintain Coverage While on Unpaid Leave or on Layoff 32 Section 11.7. Post Retirement Health Savings Plan 32 ARTICLE XII LEAVES OF ABSENCE 33 Section 12.1. Jury Duty 33 Section 12.2. Sick Leave 33 Section 12.3. Special Leaves Without Pay 34 Section 12.4. Bereavement Leave 34 Section 12.5. Emergency Leave for Illness/Injury in Immediate Family 34 Section 12.6. Witness Leave 35 Section 12.7. Family and Medical Leave Act of 1993 36 Section 12.8. Pregnancy Leave/Maternity Leave 36 ARTICLE XIII SAFETY COMMITTEE 37 ARTICLE XIV MAINTENANCE OF SPECIFIC WORKING CONDITIONS 38 ARTICLE XV MISCELLANEOUS FRINGE BENEFITS 39 Section 15.1. Deferred Compensation Plan 39 Section 15.2. Credit Union 39 Section 15.3. Tuition Reimbursement 39 Section 15.4. Quartermaster System and Maintenance Allowance 39 Section 15.5. Sick Leave Incentive Plan 39 Section 15.6. Pay for Unused Sick Leave at Retirement 40 Section 15.7. Severance Pay 40 Section 15.8. Inoculations 40 Section 15.9. Eye Glass Replacement 41 ARTICLE XVI MISCELLANEOUS 42 Section 16.1. Outside Employment 42 Section 16.2. Pay Advance 42 Section 16.3. Gender of Words 42 Section 16.4. Physical Examinations 42 Section 16.5. Job Descriptions 42 Section 16.6. Posting of Formal Training Opportunities 43 Section 16.7. Released Time 43 Section 16.8. Resolution of Impasse 43 Section 16.9. Solicitation 43 Section 16.10. Physical Fitness Program 44 Section 16.11. Shift/Station Selection Process 44 Section 16.12. Subcontracting 48 ARTICLE XVII RIGHTS OF VILLAGE 49 ARTICLE XVIII NON-INTERRUPTION OF WORK 50 Section 18.1. No Strikes 50 Section 18.2. No Lockouts 50 ARTICLE XIX PROMOTIONS 51 Section 19.1. General 51 Section 19.2. Eligibility Requirements 51 Section 19.3. Components of the Promotional Process and the Weighting of Components 52 Section 19.4. Promotion Process Components 53 Section 19.5. Promotions Coordinator 58 Section 19.6. Monitors 58 Section 19.7. Scoring of Components and Posting of Preliminary Promotion List 59 Section 19.8. Veteran's Preference Points and Posting of Final Promotion List 59 Section 19.9. Order of Selection 60 Section 19.10. Duration of Final Promotion List 61 Section 19.11. Right to Review 61 ARTICLE XX SAVINGS CLAUSE 63 ARTICLE XXI ENTIRE AGREEMENT 64 ARTICLE XXII DRUG AND ALCOHOL TESTING 65 ARTICLE XXIII DURATION AND TERM 67 Section 23.1. Term of Agreement 67 Section 23.2. Continuing Effect 67 APPENDIX A VARIANCES FROM STATUTORY IMPASSE PROCEDURE 00 XXXXXXXX X ESSENTIAL JOB FUNCTIONS TESTING 69 APPENDIX C FIRE CHIEF’S EVALUATION INSTRUMENT 75 APPENDIX D VILLAGE’S CAFETERIA BENEFITS PLAN 00 XXXXXXXX X ADDITIONAL QUARTERMASTER ITEMS 77 APPENDIX F CURRENT LIST OF 40 HOUR OR LONGER OFFICE OF STATE FIRE MARSHAL COURSES 78 OCTOBER 23, 1990 MINIMUM STAFFING SIDE LETTER… 80 AGREEMENT This Agreement is made and entered into by and between the Village of Schaumburg (hereinafter referred to as the “Village”) and the Schaumburg Professional Firefighters Association, IAFF Local 4092 (hereinafter referred to as the “Union”).
GRIEVANCE PROCEDURE 6 Section 3.01 Definitions 6 Section 3.02 Procedure 6 Section 3.03 Other Conditions 7 Article IV. LEAVES 8 Section 4.01 Sick Leave 8 Section 4.02 Bereavement Leave 9 Section 4.03 Personal Leave 9 Section 4.04 Leave Without Pay 9 Section 4.05 Association Leave 10 Section 4.06 Leave Day Calculation 10 Article V. EARNED VACATION DAYS, HOLIDAYS, AND E- LEARNING DAYS 10 Section 5.01 Earned Vacation Days 10 Section 5.02 Recognized Holidays 10 Section 5.03 E-Learning Days 11 Article VI. MEDICAL INSURANCE 11 Section 6.01 Premium Cost 11 Section 6.02 Insurance Committee 11 Article VII. SENIORITY, TRANSFERS, VACANCIES AND LAYOFFS 11 Section 7.01 Definition of Seniority 11 Section 7.02 Probationary Employees 12 Section 7.03 Classifications Without Bargaining Unit 12 Section 7.04 Seniority List 12 Section 7.05 Termination of Seniority 12 Section 7.06 Transfer to New Position 12 Section 7.07 Posting of Vacancies 13 Section 7.07A Posting of Vacancies – Bus Routes 13 Section 7.07B Trips 13 Section 7.08 Filling of Vacancies 14 Section 7.09 Layoffs, Reduction in Force and Elimination of Positions 14 Section 7.10 Recall From Layoff, Reduction in Force Elimination of Positions 15 Section 7.11 Notification of Tentative Assignment 15 Article VIII. PERSONNEL FILE 15 Section 8.01 General 15 Section 8.02 Right to Access 15 Section 8.03 Copies of Documents 15 Article IX. EVALUATION PROCEDURES 15 Section 9.01 Review of Procedures 15 Section 9.02 Informal Observations 16 Section 9.03 Formal Evaluations 16 Section 9.04 Post-Evaluation Procedures 16
Site Allowance Procedure 18.1 This procedure shall apply to construction work in the commercial/industrial sector of the building industry in the State of Victoria. Further, it is expressly agreed by the parties to this procedure that Site Allowances will not be claimed on any project where the project value is below $2.2 million.
Grievance Procedure Steps The following procedure shall be followed by an employee submitting a grievance:
Using Student feedback in Educator Evaluation ESE will provide model contract language, direction and guidance on using student feedback in Educator Evaluation by June 30, 2013. Upon receiving this model contract language, direction and guidance, the parties agree to bargain with respect to this matter.
