Scope of Services The specific scope of work for each job shall be determined in advance and in writing between TIPS Member, Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope description, but the awarded vendor should provide a written scope of work, and if applicable, according to the TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS Vendor Agreement.
Training a. The employer, in consultation with the local, shall be responsible for developing and implementing an ongoing harassment and sexual harassment awareness program for all employees. Where a program currently exists and meets the criteria listed in this agreement, such a program shall be deemed to satisfy the provisions of this article. This awareness program shall initially be for all employees and shall be scheduled at least once annually for all new employees to attend.
b. The awareness program shall include but not be limited to:
i. the definitions of harassment and sexual harassment as outlined in this Agreement;
ii. understanding situations that are not harassment or sexual harassment, including the exercise of an employer's managerial and/or supervisory rights and responsibilities;
iii. developing an awareness of behaviour that is illegal and/or inappropriate;
iv. outlining strategies to prevent harassment and sexual harassment;
v. a review of the resolution of harassment and sexual harassment as outlined in this Agreement;
vi. understanding malicious complaints and the consequences of such;
vii. outlining any Board policy for dealing with harassment and sexual harassment;
viii. outlining laws dealing with harassment and sexual harassment which apply to employees in B.C.
Sick Leave Section 1. Xxxx leave credit will be earned in the following manner for full-time and part-time RNs only, excluding intermittent nurses.
A. One hundred twenty (120) hours shall be credited to a yearly sick leave pool as of the first full pay period in January of each year. Nurses who are not in pay status at the beginning of the year will have their sick hours pro-rated based on the percentage of the year missed. Sick time may be accumulated without limitation. Previously accumulated sick leave of employees shall be credited to their sick leave pool. Sick leave hours are pro-rated according to appointment level for part-time nurses. A physician's excuse is required following the fortieth (40th) consecutive hour of sick leave, when the leave is of a duration greater than forty (40) hours.
B. If the sick leave pool is exhausted any nurse may retroactively use accrued vacation time in lieu of unpaid sick leave.
Section 2. The provisions of this article shall apply to maternity and/or any disability arising therefrom. Sick leave benefit may be utilized for the duration of maternity and/or any resulting physical disability which is validated by a physician's certificate, so long as accrued time is available. When accrued time is not available, unpaid maternity leave is available to allow for a total leave of twelve (12) weeks, including all time taken for child- rearing purposes.
Section 3. If a nurse's physical disability continues beyond the time covered by his/her accumulated sick leave, he/she shall be granted a leave of absence without pay for a period up to six (6) months provided there is evidence submitted to the supervisor as to inability to work and the probable date of return. Upon a successful return to work exam and returning from leave, the nurse will be returned to his/her position if it has not been permanently filled; otherwise he/she shall be given whatever work is available for which he/she is qualified and will be given the first opportunity for consideration to return to his/her position when the position is open.
Section 4. Disability Leave may be granted instead of unpaid leave of absence, if there is no evidence or probable date of the nurse's return to work, or if an illness or disability continues past expiration of the unpaid leave. A nurse who has been given a Disability Leave shall have the right to be reinstated to the same or similar position he/she held at the time of his/her leave within thirty (30) days after written application for reinstatement and after passing a return to work examination by a licensed physician designated by the Center, showing that he/she has recovered from such disability, provided further that such application for reinstatement be filed within three (3) years from the date of separation, and further provided that such application not be filed after the date of service eligibility retirement. The Center will fill vacancies caused by long-term medical leaves that exist for a period of six (6) months, depending upon staffing needs of the department as determined by Center Administration and the employment availability of qualified registered nurses. This section shall not be construed as restricting Center management from taking appropriate action at an earlier date.
Section 5. If a nurse so chooses, he/she may use any earned but unused vacation or compensatory time before being granted a leave of absence without pay. A declaration of intent regarding such usage shall be made prior to the expiration of any accumulated sick leave. Requests to use vacation or compensatory time will not be honored once he/she has been granted an unpaid leave of absence.
Section 6. Nurses reinstated to their former position, recalled from layoff or who re-enter Center employment within ten (10) years shall be credited with any accumulated sick leave balance remaining at the end of their previous service. No prior credit is given if the employee was out of service more than ten (10) years, except for military leave.
Section 7. All previously accumulated and unused and/or unpaid sick leave of a nurse who has been separated from the public service shall be placed in his/her credit upon re- employment at the Center, provided that such re-employment takes place within ten
Dimensions Education Bachelor’s or Master’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. A minimum of 7 years of experience with large and complex database management systems.
Bereavement Leave (a) Upon the death of an employee's spouse, spouse to include same sex partner, child or stepchild, an employee shall be granted leave up to a maximum of five (5) continuous calendar days without loss of pay. One of the days of leave shall include the day of the funeral or equivalent service. Additional days off with or without pay may be granted by the Employer. Part-time employees will be credited with seniority and service for all such leave. In the event of a delayed interment or ceremony for reason of religion or other protected grounds under the Ontario Human Rights Code, an Employee may save one of the days identified above without loss of pay to attend the interment or ceremony.
(b) When a death occurs in the immediate family of an employee, the employee shall be granted leave up to a maximum of three (3) continuous calendar days without loss of pay around the date of the funeral or equivalent service provided that the employee must be regularly scheduled to work such days to receive pay.
(c) Immediate family shall be defined as parent, step-parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, daughter-in- law, son-in-law, legal guardian, grandmother, grandfather, and grandchildren.
(d) An employee shall be granted one (1) day bereavement leave without loss of pay to attend the funeral, or if there is no funeral, an equivalent service for his or her aunt or uncle, niece or nephew. Where there is a funeral but the employee cannot attend by reason of religion or other protected grounds under the Ontario Human Rights Code, the employee shall be granted one (1) day bereavement leave without loss of pay to attend an equivalent service within a week following the funeral.
(e) An employee will not be eligible to receive payment for any period in which she is receiving any other payments. For example, holiday pay or sick pay.
(f) Where it is necessary, with as much notice as possible, the employee may apply for personal leave of absence in addition to bereavement leave. Permission for such leave shall not be unreasonably withheld.
Termination for Cause If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall provide written notice to Vendor specifying the default. If Vendor does not cure such default within thirty (30) days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.
Services FASC agrees to provide to the Adviser the services indicated in Exhibit A to this Agreement (the “Services”).
Arbitration Disputes arising under or in connection with this Agreement that are not resolved pursuant to Section 5.1, including requests for specific performance, will be resolved through binding arbitration conducted pursuant to the rules of the International Court of Arbitration of the International Chamber of Commerce. The arbitration will be conducted in the English language and will occur in Los Angeles County, California. Any arbitration will be in front of a single arbitrator, unless (i) ICANN is seeking punitive or exemplary damages, or operational sanctions, (ii) the parties agree in writing to a greater number of arbitrators, or (iii) the dispute arises under Section 7.6 or 7.7. In the case of clauses (i), (ii) or (iii) in the preceding sentence, the arbitration will be in front of three arbitrators with each party selecting one arbitrator and the two selected arbitrators selecting the third arbitrator. In order to expedite the arbitration and limit its cost, the arbitrator(s) shall establish page limits for the parties’ filings in conjunction with the arbitration, and should the arbitrator(s) determine that a hearing is necessary, the hearing shall be limited to one (1) calendar day, provided that in any arbitration in which ICANN is seeking punitive or exemplary damages, or operational sanctions, the hearing may be extended for one (1) additional calendar day if agreed upon by the parties or ordered by the arbitrator(s) based on the arbitrator(s) independent determination or the reasonable request of one of the parties thereto. The prevailing party in the arbitration will have the right to recover its costs and reasonable attorneys’ fees, which the arbitrator(s) shall include in the awards. In the event the arbitrators determine that Registry Operator has been repeatedly and willfully in fundamental and material breach of its obligations set forth in Article 2, Article 6 or Section 5.4 of this Agreement, ICANN may request the arbitrators award punitive or exemplary damages, or operational sanctions (including without limitation an order temporarily restricting Registry Operator’s right to sell new registrations). Each party shall treat information received from the other party pursuant to the arbitration that is appropriately marked as confidential (as required by Section 7.15) as Confidential Information of such other party in accordance with Section 7.15. In any litigation involving ICANN concerning this Agreement, jurisdiction and exclusive venue for such litigation will be in a court located in Los Angeles County, California; however, the parties will also have the right to enforce a judgment of such a court in any court of competent jurisdiction.
Payment Terms DXC agrees to pay Supplier the undisputed amount of an invoice within ninety (90) days after the receipt of a valid, complete and properly documented invoice. Any prompt payment discount will be calculated from the date a conforming invoice is received by DXC. Payment will be in U.S. currency unless otherwise stated. Payment will not constitute acceptance of Products and/or Services or impair DXC’s right to inspect. Acceptance shall be when DXC deems the Products and/or Services to meet its specified criteria (“Acceptance”). DXC, at its option, and without prior notice to Supplier, shall have the right to set off or deduct from any Supplier’s invoice, any credits, refunds or claims of any kind due DXC.
Independent Contractor The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the State of Florida and are not entitled to State of Florida benefits. The Department and Customer will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all its subcontracts under the Contract.
