M iscellaneous 14.1. In the event of any inconsistency, discrepancy, misstatement or error appearing in translations of the particulars and the Online Terms and Conditions to any other language (if any), the Online Terms and Conditions in the English language shall prevail.
Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.
ARTICLE IX MISCELLANEOUS 65 SECTION 9.01. NOTICES........................................................................................65 SECTION 9.02.
Governing Law Miscellaneous This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York for contracts to be wholly performed in such state and without giving effect to the principles thereof regarding the conflict of laws. Each of the parties consents to the exclusive jurisdiction of the federal courts whose districts encompass any part of the City of New York or the state courts of the State of New York sitting in the City of New York in connection with any dispute arising under this Agreement or any of the other Transaction Agreements and hereby waives, to the maximum extent permitted by law, any objection, including any objection based on FORUM NON CONVENIENS, to the bringing of any such proceeding in such jurisdictions. To the extent determined by such court, the Company shall reimburse the Lender for any reasonable legal fees and disbursements incurred by the Lender in enforcement of or protection of any of its rights under any of the Transaction Agreements. Failure of any party to exercise any right or remedy under this Agreement or otherwise, or delay by a party in exercising such right or remedy, shall not operate as a waiver thereof. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of each of the parties hereto. All pronouns and any variations thereof refer to the masculine, feminine or neuter, singular or plural, as the context may require. A facsimile transmission of this signed Agreement shall be legal and binding on all parties hereto. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original. The headings of this Agreement are for convenience of reference and shall not form part of, or affect the interpretation of, this Agreement. If any provision of this Agreement shall be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remainder of this Agreement or the validity or enforceability of this Agreement in any other jurisdiction. This Agreement may be amended only by an instrument in writing signed by the party to be charged with enforcement thereof. This Agreement supersedes all prior agreements and understandings among the parties hereto with respect to the subject matter hereof.
Term of Agreement Miscellaneous A. This Agreement shall continue in force until the date that all Indemnified Obligations have been paid or discharged.
B. This Agreement shall be interpreted and the rights and liabilities of the parties hereto determined in accordance with the laws of the State of Arizona.
C. This Agreement contains all the terms and conditions of the agreement between the Indemnitee and Indemnitor. The terms and provisions of this Agreement may not be waived, altered, modified or amended except in writing duly executed by the party to be charged thereby.
D. Any notice shall be directed to the parties at the following addresses: If to Indemnitor: InnSuites Hospitality Trust 0000 X. Xxxxxxxx Xxxxxx Xxxxx 000 Xxxxxxx, Xxxxxxx 00000 Attention: President with a copy to: Xxxxx X. Xxxxxxx, Esq. Xxxxxxxx Xxxx & Xxxxx LLP 0000 Xxx Xxxxxx 000 Xxxxxx Xxxxxx Xxxxxxxxx, Xxxx 00000 If to the Indemnitee: C/O InnSuites Hospitality Trust with a copy to: Xxxxx Xxxxxxxx, Esq. Xxxxxxxxxx Xxxxxxxx 0000 X. 00xx Xxxxxx Xxxxx 000 Xxxxxxx, XX 00000
E. None of the parties to this Agreement shall have the right to assign, transfer, convey, and/or otherwise sell (or enter into any agreement to do the same), directly or indirectly, any interest it may have in or under this Agreement without first having obtained the written consent of the other parties, which consent may be withheld in such party’s sole and absolute discretion.
F. Neither this Agreement nor any term hereof may be changed, waived, discharged, or terminated orally, but only by an instrument in writing signed by the party against whom the enforcement of the change, waiver, discharge, or termination is sought or, in the case of a default, by the non-defaulting party or parties.
G. The captions and article headings included in this Agreement are for convenience only, do not constitute part of this Agreement, and shall not be considered or referred to in interpreting the provisions of this Agreement.
H. This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. The submission of a signature page transmitted by facsimile (or similar electronic transmission facility) shall be considered as an “original” signature page for purposes of this Agreement so long as the original signature page is thereafter transmitted by mail or by other delivery service and the original signature page is substituted for the facsimile signature page in the original and duplicate originals of this Agreement.
Miscellaneous Costs 2.1.5.1 Where not included in the General Conditions, and with the prior approval of District, costs of document reproductions (photocopying and blueprinting expenses), long distance telephone call charges, postage, overnight and parcel delivery charges, telephone costs including cellular telephone charges, facsimile or other communication service at the Project site, job photos and progress schedules, and reasonable xxxxx cash expenses of the site office. Developer shall consult with District to determine whether District has any vendor relationships that could reduce the cost of these items and use such vendors whenever possible.
2.1.5.2 Sales, use, gross receipts, local business and similar taxes imposed by a governmental authority that are related to the Work.
2.1.5.3 Fees and assessments for permits, plan checks, licenses and inspections for which Developer is required by the Contract Documents to pay including, but not limited to, permanent utility connection charges, street use permit, street use rental, OSHA permit and sidewalk use permit and fees.
2.1.5.4 Fees of laboratories for tests required by the Contract Documents.
2.1.5.5 Deposits lost for causes other than Developer’s or its subcontractors’ negligence or failure to fulfill a specific responsibility to the District as set forth in the Contract Documents.
2.1.5.6 Expenses incurred in accordance with Developer’s standard personnel policy for relocation and temporary living allowances of personnel required for the Work if approved in advance by District.
2.1.5.7 Where requested by District, costs or expenses incurred by Developer in performing design services for the design-build systems.
2.1.5.8 Other costs incurred in the performance of the Work if, and to the extent, approved in advance by District.
2.1.5.9 Costs due to emergencies incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and/or property.
2.1.5.10 Provided all other eligible costs have been deducted from the contingency and as part of the calculation of amounts due Developer for Final Payment, costs of repairing and correcting damaged or non- conforming Work executed by Developer, Subcontractors or suppliers, providing that such damage or non-conforming Work was not caused by negligence or failure to fulfill a specific responsibility of Developer and only to the extent that the cost of repair or correction is not recovered by Developer from insurance, sureties, Subcontractors or suppliers.
Information: miscellaneous The Owner must supply to the Facility Agent, in electronic form by email attachments or hard copy (and, if in hard copy, in sufficient copies for all of the Lenders), subject to any duty of confidentiality which it may have to third parties (whom it will promptly approach in order to seek any necessary consents where applicable):
(a) copies of all documents despatched by it to its creditors (other than trade creditors) generally or any class of them at the same time as they are despatched;
(b) copies of all reports provided to the Owner by the Manager pursuant to the Management Agreement, in each case, within five (5) Business Days of receipt of such report by the Owner and if, in the opinion of the Facility Agent (acting reasonably), any additional technical report is necessary, the Owner will procure such report;
(c) as soon as reasonably practicable on becoming aware of them, details of any litigation, arbitration or administrative proceedings which are current, pending or, to the best of its knowledge and belief, threatened against it and which, in each case, would have a Material Adverse Effect (in the opinion of the Facility Agent acting on the instructions of the Majority Lenders);
(d) as soon as reasonably practicable on request, such further information, in electronic form by email attachments or hard copy (and, if in hard copy, in sufficient copies for all of the Lenders), regarding the financial condition and operations of the Owner or regarding any matter relevant to, or to any provision of, a Finance Document as the Facility Agent may reasonably request;
(e) as soon as reasonably practicable on becoming aware of them, details of any event or circumstance which is a Force Majeure Event;
(f) promptly on becoming aware of them, details of any event which has a Material Adverse Effect;
(g) as soon as they are available, copies of any notice of default, termination, material dispute or claim (including notices provided by the Charterer under the terms of a Drilling Charter) made against it under the Shipbuilding Contract, the Drilling Charter, any Refund Guarantee or under the Owner’s Shipbuilding Contract Guarantee or affecting the Vessel together with details of any action it proposes to take in relation to the same and notice of any charterhire reduction or proposed charterhire reduction under the terms of a Drilling Charter;
(h) as soon as they are available, copies of any notice of default, termination or material claim made against it under the Management Agreement together with details of any action it proposes to take in relation to the same and, upon becoming aware of the same, notification of any strikes or industrial action taken or proposed to be taken by the Manager or its employees, subcontractors or personnel from time to time which has or may reasonably be expected to have a Material Adverse Effect;
(i) promptly on becoming aware of them, details of any damage to or destruction of the Vessel or any breakdown of any part of the Vessel, where the cost of repair or reinstatement is likely to exceed US$10,000,000 or where the cumulative cost of repair or reinstatement of damage to or destruction of the Vessel during the previous six months is likely to exceed US$10,000,000;
(j) promptly on becoming aware of them, details of any proposal for an amendment or waiver of a Related Contract other than amendments or waivers of an administrative or non-material nature; and
(k) upon request by the Facility Agent, copies of all Transaction Authorisations (if any) obtained by it.
GENERAL AND MISCELLANEOUS (a) Reasonable refreshments, during hours of duty, will be permitted in designated areas, which may be inside or outside the facility, provided an employee shall not leave the job to indulge in such refreshments without permission. Smoking will not be permitted within an Aer Lingus facility. New laws and/or local regulations governing smoking shall prevail for all locations outside the facility.
(b) The Company agrees that there shall be no established maximum age limit for the hiring of employees.
(c) Service records shall be maintained for all employees by the Company, and upon resignation or discharge from the service the employee, upon request, will be furnished with a letter of same. In discharge cases the employee and his District Representative will have access to the service records applicable to the case prior to the holding of any investigation. In cases where it is necessary that an employee should be warned due to the caliber of his work and/or the general performance of his duties, such warning will be made to the employee in writing with a copy to the District #142 General Chairman, and the employee will be given a reasonable length of time to correct the matter. Service and/or personnel records will be made available for examination during non-working hours upon request by an employee covered by this Agreement or from a General Chairman of the District. Disciplinary letters will be removed from an employee’s personnel file after one (1) year two (2) years provided that the employee has had a clean record in the one (1) two (2) year period.
(d) Employees who fail to wear proper uniforms and/or equipment pursuant to Paragraph (d) will not be permitted to work and will not be paid for the time lost for the first and second warning. In the event of a third or subsequent warning, the employee will be subject to discipline up to and including discharge.
(e) Supervisory Personnel, including Team Leaders, shall not perform work under the contract except in the case of emergency.
(f) A place shall be provided inside of all Company work areas marked “International Association of Machinists” where Union notices of interest employees may be posted; however, no political circulars, propaganda or advertisements will be placed on these bulletin boards.
(g) The Company shall provide each employee covered by this Agreement with a copy of the Agreement.
(h) All orders or assignments of work issues to personnel shall be relayed through the respective Supervisor or Senior Agent, to eliminate misunderstanding or disorder.
(i) Nothing in this Agreement shall prevent the Company from paying to an individual employee hereunder, a higher rate of compensation than the rate established in this Agreement.
(j) It is understood and agreed that the Company will not lock out any employee covered hereby, and the Union will not authorize or take part in any strike or picketing of the Company premises during the life of this Agreement, until the procedures for settling disputes as provided herein and as provided by the Railway Labor Act, as amended, have been exhausted.
(k) It is forbidden for any employee to engage in drinking alcoholic beverages while in uniform or when on duty, or to come to work under the influence of alcohol, or use of illegal drugs.
(l) The Company should make available to all employees hereunder an up-to-date Personnel Manual.
(m) In the event of inclement weather employees hereunder shall not be treated in a discriminatory manner as compared to the general policy implemented for non-Union staff.
(n) During the life of this Agreement, travel privileges will not be discontinued while they generally remain available to other employees of the Company.
(o) It shall not be considered a violation of the Agreement for the Company to sell its products on-line.
(p) Staff will be required to pay fines imposed by the Port Authority/Federal Agency for unauthorized access to restricted areas, improper use of identification Cards and similar types of conduct. Fines for lost ID’s will be paid by the Company on the first occasion; any fines for subsequent loss will be paid by the employee. In accordance with past practice, the Company will assist its employees in dealing with the agencies involved regarding such fines. The Company will provide necessary information to its employees regarding restrictions on ID use.
(q) Effective January 1, 2019, and for the term of this Agreement, the Company will start a program that provides paid vision insurance for all employees under this agreement with an implementation date yet to be determined. For all new-hire employees hired after the date of signing of this Agreement, there shall be a twelve (12) month waiting period to enroll. All plan guidelines are covered by, and contained in, the plan document controlled by the Company. Additional tiered coverage shall also be made available to family members of the employee at a cost that will be paid by the employee. Any annual cost increases to the vision coverage for additional family members, shall be controlled by the plan document and communicated concurrently during the annual enrollment.
(r) Aer Lingus will guarantee for the life of the contract any employee covered by this contract who is currently working at the Jericho facility a job in a brick and mortar location if they choose. This may not necessarily be at the current location but within a 50-mile radius. The IAM agrees the minimum staffing levels in employees covered by this agreement can reduce by attrition. The Company will no longer be required to back fill to maintain 15 full-time positions in the brick and mortar call center. The brick and mortar call center staffing level can drop below 5 full time employees under the Reservations Agent Agreement (Senior Reservations Agents, Reservations Agents, Ticketing Agent, and Senior Cargo Reservation Agent) provided that any of those 5 employees have requested to work from home. Before the brick and mortar call center staffing level can drop below 5 full-time employees under the Reservations Agent Agreement (Senior Reservations Agent, Reservations Agent, Ticketing Agent, Senior Cargo Reservations Agent, and Cargo Reservations Agent) the Company will be required to agree and discuss with the union a new full-time staff minimum. If there is no agreement, then it will be resolved through the grievance process. The Company will have the right to operate a single shift operation Monday – Friday at the brick and mortar call center and operate the call center remotely on Saturdays, Sundays, holidays and evenings after 6:00 p.m. The closing shift Senior Agent and weekend Senior Agent will work remotely. When Senior Agents who are working remotely are at lunch or experiencing any technical malfunctions and there is a requirement for an upgrade and there is no available qualified staff member in the brick and mortar call center, the most senior staff member covered by this Agreement who is working remotely will be upgraded. If there is no available staff member covered by this Agreement, the most senior staff member covered by the Reservations Associates Agreement may be upgraded.
Miscellaneous Expenses Board members may seek reimbursement for other expenses incurred while attending a meeting sponsored by organizations described herein by fully describing the expenses on the expense form, attaching receipts.
Miscellaneous Fees In addition to the Course Fees, the miscellaneous fees set out in Schedule 2.2 may be payable by the Student (the “Miscellaneous Fees”).
