Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
Date of Operation This Agreement shall come into operation from the 10 December 2002 and remain in force until 30 October 2005. The parties to this Agreement shall continuously monitor the application of the Agreement via a Consultative Committee.
Commencement of Operations The Partnership shall not begin operations on its Leases unless the Managing General Partner is satisfied that necessary title requirements have been satisfied.
Plan of Operations (A) The Company’s complete Plan of Operations shall be submitted to FCIC by April 1 preceding the reinsurance year, unless otherwise authorized by FCIC. The Plan of Operations shall meet the requirements of this Agreement, including, but not limited to, the format and all requirements specified in Appendix II, to be considered a complete Plan of Operations.
Resumption of Operations In the event of action prohibited by Section 1 above, the Union immediately shall disavow such action and request the employees to return to work, and shall use its best efforts to achieve a prompt resumption of normal operations. The union, including its officials and agents, shall not be liable for any damages, direct or indirect, upon complying with the requirements of this Section.
Change of Operations To: Members of Local Union 107 Dear Brothers and Sisters: As you know, we have a tentative agreement for the UPS Cartage Services, Inc. Supplemental Agreement. Article 2 of the re-negoti- ated CSI Supplement outlines the National Master UPS Agreement (NMA) Articles that may be applied to your Addendum. You will note that several NMA articles are not applicable. These are sub- jects that are either addressed in the CSI Supplement or are not operationally applicable to CSI. Where there are two provisions covering the same subject, one in the Local Addendum and one in the National Master UPS Agree- ment, the following provisions of the National Master UPS Agree- ment shall apply:
311 Plan of Operations For timber sales with 2 or more years between award date and Termina- tion Date, within 60 days of final award of contract, Pur- chaser shall furnish Forest Service a written general Plan of Operations that shall be in addition to the annual Oper- ating Schedule required under B6.31. The Plan of Opera- tions shall set forth planned periods for and methods of road construction, timber harvesting, and completion of slash disposal, erosion control measures, and other contractual requirements. Forest Service written approval of the Plan of Operations is prerequisite to commence- ment of Purchaser’s Operations. Purchaser may revise this Plan of Operations when necessitated by weather, markets, or other unpredictable circumstances, subject to approval of Contracting Officer. In the event of delays be- yond the control of Purchaser that qualify for Contract Term Adjustment, the Plan of Operations shall be ad- justed by mutual agreement to accommodate the ad- justed contract period. B6.312 Plan of Operations for Road Con- struction. Annually, prior to start of construction, Pur- chaser shall submit a supplement to the Plan of Opera- tions that shall include a schedule of proposed progress and a description of planned measures to be taken to provide erosion control for work in progress, including special measures to be taken on any segments of con- struction not Substantially Completed prior to periods of seasonal precipitation or runoff. Purchaser shall submit a revised schedule when Purchaser proposes a significant deviation from the progress schedule. Prior to beginning construction on any portion of Specified Roads identified as sensitive on Plans, Pur- chaser and Forest Service shall agree on proposed method of construction.
CONTINUITY OF OPERATION Section 1: No Strikes, Work Stoppages or Lockouts Neither of the parties shall utilize any economic sanction to force its position on the other party over any issue. Further, no Employee or group of Employees shall individually or through concerted action, take part in any activity that impedes the operation of the business, except as otherwise authorized by this Agreement. Should any person or group of people participate in any such unauthorized activity, upon notification of such occurrence, the Union or the Company, as the case may be, will direct such person or group of people to resume normal operations and will take effective means to cease the unauthorized conduct. Any employee or group of employees who participate in such unauthorized activity shall be subject to immediate dismissal, unless mitigating circumstances exist that are acceptable to the ERRC. Should either party suffer financial damage as a result of such unauthorized activity, they may pursue compensation for such loss at the arbitration step of the Concern Resolution Process, and the arbitrator shall have full authority to remedy any violation of this Article.
AREA OF OPERATION This agreement shall operate throughout the State of Western Australia.
Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
