Unbroken Vacation Period An Employee shall receive an unbroken period of vacation unless mutually agreed upon between the Employee and the Employer.
Covenant Running with the Land The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Owner and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other owners of the Property, regardless of whether this Agreement is expressly referenced therein.
Vacation Scheduling a) Vacations may be requested at any time of the year, subject to the restrictions below. The supervisor, or designate, will grant requests subject to operational requirements and in accordance with such vacation quotas as the Employer may set from time to time. Employees shall be advised of vacation quotas one month prior to the employees being required to submit their requests. Such quotas will not be unreasonably restrictive.
b) Requests for vacation time from the Monday immediately following June 20th to the Sunday immediately following Labour Day (summer period) shall be made in writing to the Employer not later than March 1st in that year. The Employer will respond to such requests in writing by April 1st. An employee may be approved for a maximum of three (3) weeks of vacation during these peak times.
c) Requests for Christmas/New Year’s vacation time between the Monday immediately following December 15th and the Sunday immediately following January 1st shall be made in writing to the Manager or designate not later than August 1st in that year. The Employer will respond to such requests in writing by September 1st. An employee may be granted a maximum of one (1) calendar week (or part thereof) over this period.
d) March Break vacation requests shall be submitted to the immediate Manager or designate not later than November 1st of the preceding year. The Employer shall respond in writing by December 1st.
e) In the event that the number of employees in each department or team requesting vacation for or during any part of the above peak periods exceeds the number which the Employer has determined might be permitted vacation at that time, priority will be given based on seniority as per the posted seniority list.
f) Notwithstanding e) above, in granting vacation requests during peak periods, the Employer will grant requests for full weeks of vacation prior to granting requests for partial weeks of vacation, so that a request for less than one week’s vacation cannot prevent another employee from taking a full week of vacation. A full week of vacation shall be defined as Monday through Sunday.
g) Requests for vacation for other periods outside of peak times shall be submitted by the employee to their immediate supervisor not less than three (3) weeks prior to the first day of the vacation period. The immediate supervisor shall reply within one (1) week from the date of the request. These requests shall be considered on the basis of first come first served.
h) If a request is submitted outside of the time period outlined above or additional vacation time becomes available, it may be approved at the Employer's discretion provided no employee, who submitted in compliance with the above timelines, was denied the same time period.
Transition Period Due to the nature of our purchasing process, the District often requires an existing service provider to continue to provide goods and/or services while the District is in the process of advertising, evaluating, and awarding a contract for the provision of the same goods and/or services in the future. To accommodate this process, the Contractor shall agree to maintain the same terms and conditions set forth in this Agreement for a period up to ninety (90) days after the automatic termination of this Agreement at the end of its term, if requested by the District, as a transition period. In addition, if the Contractor is not the successful bidder for a future solicitation for the same or similar services, he or she shall agree to provide the same goods and/or services provided in this Agreement for a period up to ninety (90) days to allow for an orderly transition to the new provider. The District and the Contractor may mutually agree to a longer transition period.
Interim Period 6.1 The Seller undertakes to the Purchaser that in the period from the Signing Date to the Completion Date, except with the approval of the Purchaser:
(A) none of the Subsidiaries’ articles of association or other constitutional documents will be changed or altered;
(B) each of the Subsidiaries shall use its best endeavours to carry on its respective business in all material respects in the ordinary and usual course and consistent with past practice;
(C) neither the Seller nor the Subsidiaries shall terminate or amend the employment agreements with any of the Employees other than with the prior written approval of the Purchaser;
(D) no Subsidiary shall allot, issue, redeem or repurchase securities, loan capital (including shareholder loans and profit participation rights) or shall become a party to any agreement to do so; and
(E) no dividend or other distribution or repayment of capital is, or shall be, paid or declared by the Seller or any of the Subsidiaries, other than the Distribution.
6.2 The Seller further undertakes to the Purchaser that on the date hereof the Seller and the Subsidiaries will enter into the Economic Ownership Transfer Agreement. In connection therewith the Seller undertakes that in the period from the Signing Date to the Completion Date the legal title to the NV-Business shall be transferred by the Seller to the Subsidiaries by means of the execution of a deed of assignment (the “Deed of Assignment”) to be mutually agreed by the Seller and the Purchaser acting in good faith. In order to implement such transfer in accordance with the Deed of Assignment, the Seller shall undertake all necessary actions, including but not limited to:
(A) by informing the debtors of the Accounts Receivable in writing that the Accounts Receivable have been assigned to the Purchaser;
(B) by requesting the counterparties to the Contracts in writing for their co-operation to the transfer of contract to which the Seller is a party; and
(C) to the extent not already referred to in this section 6.2, the proper fulfilment of applicable transfer requirements in respect of the Intellectual Property Rights and Further Assets and Liabilities owned and/or held by the Seller.
6.3 The Seller and the Purchaser hereby agree that in the period from the Signing Date to the Completion Date the Seller shall transfer the legal title to and economic ownership of the Seller Loans to the Subsidiaries, unless such transfer has materially adverse consequences for the Seller or the Subsidiaries; such determination to be made by the Seller and the Purchaser jointly acting reasonably.
Public Holidays falling within Annual Leave (a) If a Public Holiday, as prescribed in this Agreement, falls within an Employee’s Annual Leave the Public Holiday does not constitute part of the Employee’s Annual Leave and will be paid as ordinary hours.
Covenants Running with the Land All Obligations contained in this Mortgage are intended by Mortgagor and Mortgagee to be, and shall be construed as, covenants running with the Land. As used herein, “Mortgagor” shall refer to the party named in the first paragraph of this Mortgage and to any subsequent owner of all or any portion of the Mortgaged Property. All Persons who may have or acquire an interest in the Mortgaged Property shall be deemed to have notice of, and be bound by, the terms of the Credit Agreement and the other Loan Documents; provided, however, that no such party shall be entitled to any rights thereunder without the prior written consent of Mortgagee.
Holiday Coinciding with a Day of Vacation Where an employee is on vacation leave and a day of paid holiday falls within that period, the paid holiday shall not count as a day of vacation.
Scheduling of Vacation Leave In scheduling vacation leave with pay for an employee the Employer shall, subject to the operational requirements of the service, make every reasonable effort to comply with the employee's wishes.
Employee Notification A copy of any disciplinary action or material related to employee performance which is placed in the personnel file shall be provided to the employee (the employee so noting receipt, or the supervisor noting employee refusal to acknowledge receipt) or sent by certified mail (return receipt requested) to the employee's last address appearing on the Employer's records.
