Application of Section. The provisions of this Section 7 apply only to officers of Corporation who have five or more continuous years of employment with Corporation.
Application of Section. The provisions of this Section 7 apply only if Executive has five or more continuous years of employment with Corporation.
Application of Section. The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13.
Application of Section. If the Participant receives payments under this Agreement that are contingent upon a Change in Control, as determined under Section 280G of the Internal Revenue Code of 1986 (the "Code") and the regulations thereunder, then the provisions of this Section 4 shall apply.
Application of Section. Other than any action to obtain injunctive relief relating to the matters set forth in Section 1 of this Agreement, if any controversy, claim or dispute arises out of or in any way relates to this Agreement, the alleged breach thereof, Executive’s employment with the Employer or termination therefrom, including, without limitation, any and all claims for employment discrimination or harassment, civil tort and any other employment laws, excepting only claims that may not, by statute, be arbitrated, both Executive and the Employer (and its members, managers, officers, employees or agents) agree to submit any such dispute exclusively to binding arbitration. Both Executive and the Employer acknowledge that they are relinquishing their right to a jury trial in civil court. The Executive and the Employer agree that arbitration is the exclusive remedy for all disputes arising out of or related to Executive’s employment with the Employer.
Application of Section. 4 The terms of Section 4 of this Agreement apply to Employees engaged in a classification set out in Schedule 7 which includes Health and Allied Services Employees.
Application of Section. (3.16) This is to confirm our understanding concerning the application of Section (3.16) Notice of Suspension, Disciplinary Layoff or Discharge of the Production and Maintenance Agreement as it relates to employees who are terminated for inability to perform assigned work. When an employee, including a probationary employee, is terminated for inability to perform assigned work, plant management will provide written notice pursuant to Section (3.16).
Application of Section. The Parties agree that the following provisions shall govern the availability of remedies should any of the Parties breach any of its obligations under this Agreement.
Application of Section. This Section 15 applies where the parties are required to obtain an independent appraisal of the Company under the Agreement. In no event, shall the Company be appraised more than once per fiscal year.
