Basic Understandings 1.1 The Maine Legislature enacted An Act to Restructure the State’s Electric Industry Public Law 1997, Chapter 316 codified as 35-A M.R.S.A. §§ 3201-3217 (the “Restructuring Act”). Accordingly, the T&D agrees to provide services to Provider in accordance with the Restructuring Act, all applicable Maine Public Utilities Commission (“MPUC”) Rules and Regulations, the Maine Electronic Business Transactions Standards approved by the MPUC (“EBT Standards”), all applicable FERC jurisdictional tariffs, rate schedules and agreements and the T&D's Terms and Conditions, incorporated herein by reference (all of the foregoing being further identified in Exhibit C and hereinafter collectively referred to as the “Precepts”), and the terms of this Agreement.
Project Understanding This project is understood to be the replacement of one (1) hydraulic elevator. The project delivery system is understood to be Design−Bid. Our electrical engineering services for this project will consist of the following. Services not indicated below are considered outside of our basic scope and will be provided upon request as an additional service. It is our understanding that the design of this project will include four (4) deliverables as defined below. The design duration for this project is estimated to be six (6) weeks (not including owner review).
LETTER OF UNDERSTANDING NO 3 The parties to the Collective Agreement recognize that production gang work has different requirements than other work performed under the Collective Agreement. Accordingly, the parties agree as follows:
Letter of Understanding Re Grievance Administration The central parties agree to develop a pilot project to assist the local parties with innovative and creative solutions to enhance grievance administration, such project could include regional review of grievances, regional mediation and/or regional panels of arbitrators. The parties will canvass their respective parties to elicit interest in participation in the project. Letter of Understanding Re: Best Practices The central parties agree to develop communication and promotional strategies regarding the best practices for professional development including identifying success stories; writing articles; and application. To accomplish this objective, information will be acquired through a survey of practices of the Hospitals. The parties agree that from time to time they will endorse best practices that demonstrate creative joint quality of initiatives.
Memoranda of Understanding From time to time during the term of this Agreement, the parties may agree to Memoranda of Understanding (MOUs) that interpret, implement, modify, or provide non-precedent-setting exceptions to this Agreement. To be binding, an MOU must have been negotiated by the respective negotiators and signed by the chief negotiator of the Association, the President of the Association, and the Xxxxxxx or their designee. Each MOU shall be identified by a unique number that begins with the year in which it was signed, followed by decimal number that reflects the sequence of the MOU during the calendar year (e.g., 2010.1; 2010.2; 2010.3; etc.).
LETTER OF UNDERSTANDING Re: Inverse Seniority Layoffs This letter will clarify the intention of the Parties with respect to the Layoff and Recall provisions set out in Article 11, Section 1, Paragraph 1 of the National Collective Bargaining Agreement (CBA), with respect to temporary layoffs and the application of the Inverse Seniority Provision. The parties agree that in situations of temporary short term layoffs covered under Article 11 of the CBA, seniority employees on the affected shift will be offered the first opportunity for short term layoff, notwithstanding the layoff procedure set out in Article 13 of the Collective Agreement. When applying the Inverse Seniority Provision for temporary short term layoffs, it is agreed that the Company will canvas seniority employees on the affected shift who are willing to be temporarily laid off for the duration of the short term layoff, prior to implementing any involuntary seniority based layoffs under Article 13 of the CBA. Any seniority employees who elect to be placed on short term layoff will be selected on the basis of inverse seniority, meaning that the most senior employee will be provided the layoff opportunity first, the second most senior employee next, and so on, following the seniority list. Those employees who volunteer for the inverse seniority layoff will be committed to accepting the temporary layoff for full duration of the short term layoff announced by the Company. Should the temporary layoff extend beyond three (3) weeks in duration, seniority employees who first elected an inverse seniority layoff will have the option of either exercising their seniority rights for the purposes of being recalled to active employment, or with the mutual agreement of all parties, continuing their temporary layoff for an agreed upon period of time. It is understood that the Company reserves the right to deny requests for inverse seniority layoff, where an individual’s particular skill and ability are considered necessary to operational requirements. Before any such request is denied, the Company and the Union will meet to review the circumstances of each case. The Parties agree that the Company shall bear no liability associated with inverse seniority layoffs, and that any decisions regarding the availability of Employment Insurance (EI) benefits is the exclusive responsibility of Human Resources and Services Development Canada (HRDSC).
Statement of Understanding By executing this Agreement, Employee acknowledges that (a) Employee has had at least twenty-one (21) or forty-five (45) days, as applicable in accordance with the Age Discrimination in Employment Act, as amended, (the “ADEA”) to consider the terms of this Agreement [and any attachment necessary or desirable in accordance with the ADEA] and has considered its terms for such a period of time or has knowingly and voluntarily waived Employee’s right to do so by executing this Agreement and returning it to Company; (b) Employee has been advised by Company to consult with an attorney regarding the terms of this Agreement; (c) Employee has consulted with, or has had sufficient opportunity to consult with, an attorney of Employee’s own choosing regarding the terms of this Agreement; (d) any and all questions regarding the terms of this Agreement have been asked and answered to Employee’s complete satisfaction; (e) Employee has read this Agreement and fully understands its terms and their import; (f) except as provided by this Agreement, Employee has no contractual right or claim to the benefits and payments described herein; (g) the consideration provided for herein is good and valuable; and (h) Employee is entering into this Agreement voluntarily, of Employee’s own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever. HAVING READ AND UNDERSTOOD THIS AGREEMENT, CONSULTED COUNSEL OR VOLUNTARILY ELECTED NOT TO CONSULT COUNSEL, AND HAVING HAD SUFFICIENT TIME TO CONSIDER WHETHER TO ENTER INTO THIS AGREEMENT, THE UNDERSIGNED HEREBY EXECUTE THIS AGREEMENT ON THE DATES SET FORTH BELOW. EMPLOYEE JDA SOFTWARE GROUP, INC. By: Date: Date:
Entire Agreement of Parties This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both parties.
Acknowledgement of Understanding I have read this waiver of liability, assumption of risk, and indemnify, fully understand its terms, and understand that I am giving up my rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to a complete and unconditional release of liability, to the greatest extent allowed by law. Printed Name Signature
Integration/Entire Agreement of Parties This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written. This Agreement may be amended or modified only by a written instrument executed by both Parties.
