CAPACITY OF EMPLOYER Sample Clauses

CAPACITY OF EMPLOYER. 18.1. If more than one Employer signs this Agreement, the Employers will be jointly and severally liable for the due performance of the terms and conditions of this Agreement. 18.2. The Signatory shall in his personal capacity be liable for the due fulfilment of all the terms and conditions of this Agreement.
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CAPACITY OF EMPLOYER. 19.1 If more than one Employer signs this Agreement, the Employers will be jointly and severally liable for the due performance of the terms and conditions of this Agreement. 19.2 In the event of the Employer being a juristic person or a trustee for the time being of a Trust, the Signatory and his/her Spouse, if applicable, by his/their signature hereto, binds himself/themselves, as surety/ies and co-principal debtor/s in solidum with the Employer, under renunciation of the benefits of excussion and division, for the performance by the Purchaser of all the Employer’s obligations in terms of this Agreement. 19.3 In the event of the Employer being a company to be formed, the Signatory and his/her Spouse, if applicable, shall be personally liable for all the obligations of the Employer as though he/they contracted in his/their personal capacity, if the company in respect of which he/they act/s as agent, is not incorporated within 30 (thirty) days of the Signature Date and/or if the company, having been duly incorporated, fails to adopt and ratify this transaction without modification within 7 (seven) days of the date of such incorporation. 19.4 Upon timeous formation of the company and due and timeous ratification and adoption of this transaction, the Signatory/ies shall become and be liable as surety/ies for and co-principal debtor/s in solidum with the company for its obligations as Employer in terms of this Agreement, under renunciation of the benefits of excussion and division.
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CAPACITY OF EMPLOYER. 19.1. In the event of the Employer being a company, close corporation, trust or other juristic person, the person who signs this Agreement shall be bound as surety and co-principal debtor for the obligations of the Employer to the Seller. 19.2. Where the Employer or Seller does not sign in a personal capacity, he warrants due authorization to represent the party which he purports to represent and binds himself as surety and co-principal debtor with the represented party for the due performance by it of all its obligations in terms hereof and agrees to sign all documents required to give effect to this agreement. 19.3. If more than one Employer signs this Agreement natural or juristic, the Employers will be jointly and severally liable for the due performance of the terms and conditions of this Agreement.
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CAPACITY OF EMPLOYER. Should the employer sign this agreement as trustee or agent for a company or Close Corporation, the signatory shall be deemed to be personally liable in terms of this agreement should the company not be incorporated or not ratify and adopt this agreement within 21 (twenty one) days of the date of signature hereof. Upon incorporation and ratification as aforesaid, the signatory by his signature hereto binds himself as surety for and co-principal debtor in solidum with the company for the due and punctual performance by the company employer of its obligations arising out of this agreement.
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CAPACITY OF EMPLOYER. 18.1. If more than one Employer signs this Agreement, the Employers will be jointly and severally liable for the due performance of the terms and conditions of this Agreement. 18.2. Where a natural person acts in a capacity as a trustee, or promoter of a company or closed corporation, or as a trustee for and on behalf of a trust or an agent of a third party, either to be incorporated, formed or agency confirmed, then such natural person shall remain personally liable in terms of this agreement if the company or close corporation is not duly incorporated and/or the trust not been duly formed and/or the agency relationship not lawfully accepted and this Agreement has been adopted and ratified to the extent that it is necessary. 18.3. The Signatory shall in his personal capacity be liable for the due fulfilment of all the terms and conditions of this Agreement.
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CAPACITY OF EMPLOYER. If there is more than 1 (one) Employer in terms of this Agreement, the liability of each Employer shall be joint and several. In the event of the Employer being a Juristic Person, the Signatory for the Employer by his signature hereto binds himself to the Contractor as surety with and co-principal debtor in solidum with the Employer under renunciation of the benefits of excussion and division for the performance by the Employer of all the Employer’s obligations in terms of this Agreement.
Sample 1

Related to CAPACITY OF EMPLOYER

  • Continuity of Employment This Option shall not be exercisable by the Grantee in any part unless at all times beginning with the date of grant and ending no more than three (3) months prior to the date of exercise, the Grantee has, except for military service leave, sick leave or other bona fide leave of absence (such as temporary employment by the United States Government) been in the continuous employ of the Company or a parent or subsidiary thereof, except that such period of three (3) months shall be one (1) year following any termination of the Grantee's employment by reason of his permanent and total disability.

  • Disability of Employee If the Employee, in the reasonable opinion of the Company, is unable to perform his duties under this Agreement by reason of incapacity, either physical or mental, as determined in accordance with the MIIX Group of Companies Long Term Disability Group Benefit Plan (the "LTD Plan"), or similar plan which may be in effect from time to time, the Company shall have the right to terminate the Employee's employment upon written notice to the Employee, whereupon such termination shall be effective as of the date specified in such notice (the "Termination Date") and the Company shall have no further obligations under this Agreement, except the obligation to pay to the Employee: (1) the balance of his accrued and unpaid Base Salary, (2) unreimbursed expenses, (3) unused, accrued vacation time (up to a maximum of three weeks) through the Termination Date, (4) any other applicable severance payments provided for in Section 4 hereof, and (5) any other benefits earned by the Employee and vested (if applicable) as of the Termination Date under any employee benefit plan of the Company or its affiliates in which the Employee participates. If the Company determines not to terminate the Employee's employment in the event of a disability as allowed under this Section 3.2, the Company shall continue to pay Base Salary to the Employee for a period of up to ninety days, and shall pay the difference between Base Salary and benefits paid to the Employee under the LTD Plan for a period of up to six months thereafter, paid in accordance with the Company's normal payroll practices, while the Employee is not working. If the Employee, in the reasonable opinion of the Company, remains disabled at the end of such nine month period, his employment shall be deemed terminated and he shall receive the benefits provided for in this Section 3.2.

  • Property of Employer Officer agrees that, upon the termination of Officer’s employment with Employer, Officer will immediately surrender to Employer all property, equipment, funds, lists, books, records and other materials of Employer or its controlled subsidiaries or affiliates in the possession of or provided to Officer, provided, however, Officer shall be entitled to retain individualized bound volumes of transaction documents in which Officer provided services.

  • Security of Employment 15.1 The Employer is committed to maintaining a stable and skilled workforce, recognising its contribution to the operation of the Employer. Subject to the terms of this Agreement, daily hire (and weekly hire for mechanical plant operators) employment is the preferred type of employment under this Agreement. 15.2 The Employer will take all measures to achieve employment security for the daily hire Employees (and weekly hire for mechanical plant Employees) of the Employer. 15.3 The Employer agrees that it is highly important that work is performed effectively, efficiently and without undue pressure or bullying, and in a way that promotes Occupational Health & Safety and Equal Opportunity principles and practices in the workplace and appropriate representation of Employees should they so request. The Employer will ensure that its employment practices are consistent with the above principles and practices.

  • Death or Disability of Employee In the event that the Employee incurs a Termination of Service due to his or her death or Disability during a Performance Period, the Employee shall immediately vest [INSERT DESCRIPTION OF VESTING CONDITIONS]. In the event that any applicable law limits the Company’s ability to accelerate the vesting of this award of Performance Shares, this paragraph 4(b) shall be limited to the extent required to comply with applicable law.

  • Period of Employment The “Period of Employment” shall be a period of three (3) years commencing on the Employment Commencement Date and ending at the close of business on the third (3rd) anniversary of the Employment Commencement Date (the “Termination Date”); provided, however, that this Agreement shall be automatically renewed, and the Period of Employment shall be automatically extended for one (1) additional year on the Termination Date and each anniversary of the Termination Date thereafter, unless either party gives notice, in writing, at least thirty (30) days prior to the expiration of this Agreement and the Period of Employment (including any renewal thereof) of such party’s desire to terminate the Agreement or modify its terms. The term “Period of Employment” shall include any extension thereof pursuant to the preceding sentence. Provision of notice that the Period of Employment shall not be extended or further extended, as the case may be, shall not constitute a breach of this Agreement and shall not constitute “Constructive Termination” for purposes of this Agreement. Notwithstanding the foregoing, the Period of Employment is subject to earlier termination as provided below in this Agreement.

  • End of Employment If the employment of an employee who is eligible for the bonus ends before annual payment of the bonus, then 1/12 of the sum that was last paid to the employee in seniority bonus shall be paid to the employee at the time of the final wage payment for each month for which the employee has earned annual holiday as of the start of the preceding December.

  • Scope of Employment (a) During the Term of Employment, the Executive shall be responsible for the performance of those duties consistent with the Executive’s position as General Counsel, in addition to such other duties as may from time to time be assigned to the Executive by the Company. The Executive shall report to the Chief Executive Officer of the Company and shall perform and discharge faithfully, diligently, and to the best of the Executive’s ability, the Executive’s duties and responsibilities hereunder. (b) The Executive agrees to devote the Executive’s full business time, best efforts, skill, knowledge, attention and energies to the advancement of the business and interests of the Company and to the performance of the Executive’s duties and responsibilities as an employee of the Company; provided that the Executive may (i) engage in charitable, educational, religious, civic and similar types of activities and (ii) serve on the board of directors of for-profit business enterprises, provided that in each case such service is approved by the Company’s Board of Directors (the “Board”) prior to commencement thereof in the Board’s sole discretion and only to the extent that such activities are not competitive with the business of the Company and do not individually or in the aggregate inhibit, interfere with, or prohibit the timely performance of the Executive’s duties hereunder, and do not create a potential business or fiduciary conflict. The Executive agrees to abide by the rules, regulations, instructions, personnel practices, and policies of the Company, as well as any applicable codes of ethics or business conduct, and any changes therein that may be adopted from time to time by the Company. (c) The Executive represents and warrants to the Company that the Executive is under no obligations or commitments, whether contractual or otherwise, that are inconsistent with the Executive’s obligations under this Agreement. In connection with the Executive’s employment hereunder, the Executive shall not use or disclose any trade secrets or other proprietary information or intellectual property in which the Executive or any other person or entity has any right, title or interest, and Executive’s employment with the Company will not infringe or violate the rights of any other person or entity. The Executive represents and warrants to the Company that the Executive has returned all property and confidential information belonging to any prior employer.

  • Termination of Employment Period The Agreement Term shall terminate upon the occurrence of any of the following:

  • Commencement of Employment 2.1 The Employment will start on 1 June 2009 (the “Commencement Date”). The Employment will continue until termination in accordance with the provisions of this agreement. 2.2 The Executive warrants that he is not prevented from taking up the Employment or from performing his duties in accordance with the terms of this agreement by any obligation or duty owed to any other party, whether contractual or otherwise.

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