Austep S Sample Clauses

Austep S p.A. (“Austep”) irrevocably, primarily, absolutely and unconditionally guarantees to Client and Its successors and assigns, for the benefit of the foregoing and Lender, the prompt and complete payment and performance when due of the obligations of S&M Contractor under this Agreement, including all amendments, modifications, renewals or extensions thereto, without regard to the liability or defenses of any other person or the existence of any other security for or guarantee in respect of this Agreement. Austep hereby agrees that any claimant under this guarantee may proceed directly to claim any amount due to it by S&M Contractor from Austep provided that (i) it has sent a notice of claim to S&M Contractor and (ii) S&M Contractor has not cured within 60 days from receipt of the notice and notwithstanding any bankruptcy or insolvency of Contractor. This Guarantee is a guarantee of payment and performance and not of collection, and Austep hereby waives presentment, protest and notice of acceptance, non-payment and any and all other notices and demands whatsoever to which Austep may be entitled and agrees that consent of Austep shall not be required in connection with any modification of or waiver with respect to this Agreement or S&M Contractor’s obligations hereunder. No delay in making demand on Austep shall prejudice any claimant’s rights hereunder. Austep additionally agrees to pay all costs and expenses including attorneys’ fees, incurred by any claimant in enforcing this Guarantee.
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Austep S p.A., a company organized under the laws of Italy with an office at xxx Xxxxxxxx 00/00, 00000 Xxxxxx, Xxxxx, represented by its legal representative and managing director, Xxxxxxxxxx Xxxxxxx (“Austep”), who is signing this Agreement as a guarantor as set forth above its signature. Client and S&M Contractor are jointly defined as the “Parties”.
Sample 1

Related to Austep S

  • Step III 21.5.1 If the employee desires to appeal the grievance to Step III, the employee shall indicate in writing the reason for the appeal and present it along with the original written grievance to the Municipal Employee Relations Officer or designee within ten (10) working days following receipt of the written decision at Step II. 21.5.2 Within ten (10) working days after receipt of the appeal to Step III, the Municipal Employee Relations Officer or designee shall schedule a meeting with the employee, the appropriate Union representative, and the Department Director or designee to discuss the matter. A written decision shall be given to the employee or the appropriate Employee Organization representative within ten (10) working days following the meeting. 21.5.3 If the decision of the Municipal Employee Relations Officer or designee is unsatisfactory, the appropriate Employee Organization representative may appeal the grievance to Step IV - Arbitration.

  • Step IV If the grievant is not satisfied with the disposition of the grievance or if no disposition has been made within the above stated time limits, the grievant and/or the Association shall complete Grievance Report Form, Step IV, within ten (10) school days after notification of Step III disposition and submit the grievance to final and binding arbitration according to the voluntary rules and regulations of the American Arbitration Association. The Arbitrator's decision will be final and binding on all parties. The cost of arbitration shall be the responsibility of the party losing arbitration.

  • STEP II If the grievance is not resolved at Step I, the Association may refer the grievance to the superintendent or the superintendent's official designee within fifteen (15) days after receipt of the Step I answer. The superintendent shall arrange with the Association representative for a meeting to take place within fifteen (15) days of the superintendent's receipt of the appeal. Within ten (10) days of the meeting, the Association shall be provided with the superintendent's written response, including the reasons for the decision.

  • Step 4 In the event the dispute is not resolved at Step 3 above, either party may serve upon the other and the COORDINATOR written notice by certified mail, within five (5) working days, requesting that the dispute be resolved by arbitration. If such a written notice is served, the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the arbitrator, at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing within a reasonable time, not to exceed ten (10) days after the conclusion of the hearing. The decision by the arbitrator shall be final and binding upon the parties; provided, however, that the arbitrator shall not have the authority to alter or amend the provisions of this AGREEMENT in any way. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties.

  • Step No 1 Step No. 2

  • Step 2 (a) If the grievance is not resolved at Step 1, the grievant or designated representative may submit the grievance in writing on a grievance form as contained in Appendix B of this Agreement, to the Agency Head or designated representative within 15 days following receipt of the decision at Step 1. The grievance form must contain the same information as the grievance filed at Step 1. The grievance shall include a copy of the grievance form submitted at Step 1, together with the written response and documents in support of the grievance. (b) The Agency Head or designated representative shall communicate a decision in writing to the grievant and the PBA Grievance Representative, if any, within 15 days following receipt of the written grievance. If the Agency Head fails to respond within the time limit, it shall be deemed a denial. (c) If a grievance, alleging that a disciplinary action (reduction in base pay, demotion, involuntary transfer of more than 50 miles by highway, suspension, or dismissal) was taken without cause, is not resolved at Step 2, the PBA representative, or the grievant or grievant’s representative, if not represented by PBA, may appeal the grievance to arbitration as provided in Article 6, Section 3(G)(4), below, within 15 days after receipt of the Step 2 decision.

  • Step I 18.3.1.1 An employee may present the grievance orally either directly or through the Union representative to the immediate supervisor. The grievance must be presented within ten (10) working days following the event or events on which the grievance is based. The immediate supervisor shall make whatever investigation is necessary to obtain the facts pertaining to the grievance. Within ten (10) working days after receiving the oral grievance, the immediate supervisor shall give the employee an oral reply. 18.3.1.2 If the employee is not satisfied with the reply of his/her immediate supervisor, he/she may appeal the grievance to Step II.

  • Step 1 Within fifteen workdays of the occurrence of the grieved action (or from the day the employee should have known about the action) the employee shall present a formal written grievance (on the grievance form) to Agency Head and/or his/her Designee.

  • Step 3 i. The employer shall investigate the complaint. The investigation shall be conducted by a person who shall have training and/or experience in investigating complaints of harassment. The complainant may request that the investigator shall be of the same gender as the complainant and where practicable the request will not be denied. ii. The investigation shall be conducted as soon as is reasonably possible and shall be completed in ten (10) working days unless otherwise agreed to by the parties, such agreement not to be unreasonably withheld.

  • Settlement Class Pursuant to Rule 23(e)(1)(B)(ii) of the Federal Rules of Civil Procedure, the Court preliminarily finds that the Court will likely find that the requirements of Federal Rules of Civil Procedure 23(a) and 23(b)(3) have been satisfied for settlement and judgment purposes only. As to the requirements of Rule 23(a) for settlement purposes only, (i) the Settlement Class provisionally certified herein likely exceeds 100,000 individuals, and joinder of all would be impracticable; (ii) there are questions of law and fact common to the Settlement Class; (iii) Class Representatives’ claims are typical of the claims of the Settlement Class they seek to represent for purposes of settlement; and (iv) Class Representatives are adequate representatives of the Settlement Class. As to the requirements of Rule 23(b)(3) for settlement purposes only, questions of law and fact common to the Settlement Class predominate over any questions affecting any individual Settlement Class Member, and a class action on behalf of the Settlement Class is superior to other available means of settling and disposing of this dispute.

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