APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS Sample Clauses

APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLE 1. The University shall provide the AAUP-AFT with written notice of at least twenty- one (21) calendar days. The Notice shall contain a detailed explanation for the determination by the University that a fiscal emergency exists and shall specify the action the University intends to take to address the fiscal emergency at the conclusion of the twenty-one (21) calendar day notice period. 1 The determination of whether a fiscal emergency exists shall not be limited to whether there is a reduction in State appropriations/funding. 2. Along with the Notice provided to the AAUP-AFT pursuant to paragraph 1 above, the University shall provide the latest available statements/financial documents, as follows: − The financial information upon which the University relies as the basis for its claim that a fiscal emergency exists; − The audited financial statements for the prior fiscal year; − Quarterly Statement of Net Position (Balance Sheet) for the current fiscal year; − Current projection of the Income Statement for the Unrestricted Educational and General Operating Funds (Operating Budget) for the current fiscal year; − Quarterly Statement of Cash Flows (Statement of Cash Flows); − Unaudited End of Year financial statements for the statements listed above; − University budget request submitted to the Department of Treasury for past, current and upcoming fiscal years; and − The University’s Unrestricted Operating Budget for the current fiscal year and budget for the upcoming fiscal year. − The AAUP-AFT may request in writing additional financial information. Disputes over the provision of information shall be decided by the designated arbitrator on an expedited basis. 3. During the notice period, upon written request by the AAUP-AFT, the University shall commence negotiations over measures to address the fiscal emergency. The University is not obligated to negotiate to impasse in order to withhold any of the economic provisions of this Article. At any point during the notice period the AAUP-AFT may file a grievance pursuant to paragraph 5 below. 4. The AAUP-AFT agrees that during the notice and negotiation period it will not initiate any legal action, in any forum, to challenge the University’s intended action other than as specified in paragraph 3 above. 5. If the parties have not agreed upon measures to address the fiscal emergency, the AAUP-AFT may file a grievance under Article 5 of the Agreement. The grievance shall proceed directly to arbitration. Such ...
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APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLE In the event the University intends to withhold any of the economic provisions of this Article by invoking the “subject to” language in the prefatory paragraph of this Article, it is agreed that the invocation of the “subject to” language will be based on a determination by the University that there exists a fiscal emergency.2 If the University invokes the prefatory “subject to” language following the determination of a fiscal emergency, the University agrees as follows:
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APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLE The Fiscal Emergency (including the Subject to) language shall remain unchanged in the CNA and shall not be invoked with regard to any of the economic provisions of this Article provided for in Fiscal Years 2023, 2024, and 2025. In the event the University intends to withhold any of the economic provisions of this Article by LQYRNLQJ WKH ³VXEMHFW WR´ ODQJXDJH LQ WKH SUHIDWR LQYRFDWLRQ RI WKH ³VXEMHFWa deWterRm´ina tioOnDbyQtJheXUDniJveHrsi ty ZthLat OO EH there exists a fiscal emergency11. ,I WKH 8QLYHUVLW\ LQYRNHV WKH SUH following the determination of a fiscal emergency, the University agrees as follows:
Sample 1
APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLE 1. The University shall provide the AAUP-AFT with written notice of at least twenty- one (21) calendar days. The Notice shall contain a detailed explanation for the determination by the University that a fiscal emergency exists and shall specify the action the University intends to take to address the fiscal emergency at the conclusion of the twenty-one (21) calendar day notice period. 1 The determination of whether a fiscal emergency exists shall not be limited to whether there is a reduction in State appropriations/funding.
Sample 1
APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLE In the event the University intends to withhold any of the economic provisions of this Article by inYRNLQJ WFKWH W³RV´X EOMDHQJXDJH LgraQp h oWf KthiHs A rtSiclUe,Hit Iis DagWreRedUth\a t thSeDUD invocatiRQ RI WKH a³ngVuaXgeEwMillHbeFbWas edWoRn a´d etOermination by the University that there exists a fiscal emergency13 14. If the University invokes WKH SUHVIXDEWMRHUF\W ³WR´ ODQJXDJH IROORZLQJ the determination of a fiscal emergency, the University agrees as follows: 1. The University shall provide the AAUP-BHSNJ with written notice of at least twenty-one (21) calendar days. The Notice shall contain a detailed explanation for the determination by the University that a fiscal emergency exists and shall specify the action the University intends to take to address the fiscal emergency at the conclusion of the twenty-one (21) calendar day notice period.
Sample 1
APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS. ARTICLE The Fiscal Emergency (including the Subject to) language shall remain unchanged in the CNA and shall not be invoked with regard to any of the economic provisions of this Article provided for in Fiscal Years 2023, 2024, and 2025. In the event the University intends to withhold any of the economic provisions of this Article by invoking the “subject to” language in the prefatory paragraph of this Article, it is agreed that the invocation of the “subject to” language will be based on a determination by the University that there exists a fiscal emergency11. If the University invokes the prefatory “subject to” language following the determination of a fiscal emergency, the University agrees as follows:
Sample 1

Related to APPLICATION OF THE SUBJECT TO LANGUAGE IN THE PREFACE TO THIS

  • PROCEDURE UPON APPLICATION FOR INDEMNIFICATION (a) A determination, if required by applicable law, with respect to Indemnitee’s entitlement to indemnification shall be made in the specific case by one of the following methods, which shall be at the election of Indemnitee: (i) by a majority vote of the Disinterested Directors, even though less than a quorum of the Board, (ii) by a committee of such directors designated by majority vote of such directors, (iii) if there are no Disinterested Directors or if such directors so direct, by Independent Counsel in a written opinion to the Board, a copy of which shall be delivered to Indemnitee, or (iv) by vote of the stockholders. The Company promptly will advise Indemnitee in writing with respect to any determination that Indemnitee is or is not entitled to indemnification, including a description of any reason or basis for which indemnification has been denied. If it is so determined that Indemnitee is entitled to indemnification, payment to Indemnitee shall be made within ten (10) days after such determination. Indemnitee shall reasonably cooperate with the person, persons or entity making such determination with respect to Indemnitee’s entitlement to indemnification, including providing to such person, persons or entity upon reasonable advance request any documentation or information which is not privileged or otherwise protected from disclosure and which is reasonably available to Indemnitee and reasonably necessary to such determination. Any costs or Expenses incurred by Indemnitee in so cooperating with the person, persons or entity making such determination shall be borne by the Company (irrespective of the determination as to Indemnitee’s entitlement to indemnification) and the Company hereby agrees to indemnify and to hold Indemnitee harmless therefrom. (b) In the event the determination of entitlement to indemnification is to be made by Independent Counsel pursuant to Section 12(a) hereof, the Independent Counsel shall be selected as provided in this Section 12(b). The Independent Counsel shall be selected by Indemnitee (unless Indemnitee shall request that such selection be made by the Board), and Indemnitee shall give written notice to the Company advising it of the identity of the Independent Counsel so selected and certifying that the Independent Counsel so selected meets the requirements of “Independent Counsel” as defined in Section 2 of this Agreement. If the Independent Counsel is selected by the Board, the Company shall give written notice to Indemnitee advising Indemnitee of the identity of the Independent Counsel so selected and certifying that the Independent Counsel so selected meets the requirements of “Independent Counsel” as defined in Section 2 of this Agreement. In either event, Indemnitee or the Company, as the case may be, may, within ten (10) days after such written notice of selection shall have been received, deliver to the Company or to Indemnitee, as the case may be, a written objection to such selection; provided, however, that such objection may be asserted only on the ground that the Independent Counsel so selected does not meet the requirements of “Independent Counsel” as defined in Section 2 of this Agreement, and the objection shall set forth with particularity the factual basis of such assertion. Absent a proper and timely objection, the person so selected shall act as Independent Counsel. If such written objection is so made and substantiated, the Independent Counsel so selected may not serve as Independent Counsel unless and until such objection is withdrawn or a court of competent jurisdiction has determined that such objection is without merit. If, within twenty (20) days after submission by Indemnitee of a written request for indemnification pursuant to Section 11(b) hereof, no Independent Counsel shall have been selected and not objected to, either the Company or Indemnitee may petition the Delaware Court for resolution of any objection which shall have been made by the Company or Indemnitee to the other’s selection of Independent Counsel and/or for the appointment as Independent Counsel of a person selected by the Delaware Court, and the person with respect to whom all objections are so resolved or the person so appointed shall act as Independent Counsel under Section 12(a) hereof. Upon the due commencement of any judicial proceeding or arbitration pursuant to Section 14(a) of this Agreement, Independent Counsel shall be discharged and relieved of any further responsibility in such capacity (subject to the applicable standards of professional conduct then prevailing).

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