Clause 20. 03(a) shall not apply where the operational needs of a program or work area makes it necessary to reduce an Employee’s rest period in order to meet that operational need. In these circumstances however, an Employee shall have at least twelve (12) hours off between changes in shifts, except in the case of overtime work or as otherwise mutually agreed by the Parties. This Clause applies to Employees working in:
(i) patient clinics in Cancer Care with evening services;
(ii) Addiction Services with evening services; or
(iii) programs, the operation of which requires staggered start and end times, to the extent of that need, such as:
(A) programs where employees rotate through staggered start and end times for health and safety purposes;
(B) programs where there are staggered start and end times and there is reduced coverage on weekends and the reduced rest period is necessary for that weekend coverage; and
(C) programs where staggered start and end times are in place and Employee schedules provide for twelve (12) hours rest between shifts in order to ensure that Employees maintain their FTEs.
20.04 The first (1st) shift of any day will be the one on which the majority of hours are worked on that day.
(a) Except for Employees identified under Clause 20.01(b), time off duty for meals will not be considered as working time and will not be less than one- half (1/2) hour in each shift. If an Employee is recalled to duty during a meal break, compensating time shall be provided later in the shift or paid to the Employee at overtime rates.
(b) Employees covered under Clause 20.01(b) shall be provided with a paid meal break at the Basic Rate of Pay for not less than one-half (1/2) hour in each shift.
(c) A paid rest period of fifteen (15) minutes will be permitted during each full one-half (1/2) shift, the time of which shall be scheduled by the Employer. Paid rest periods will not be scheduled in conjunction with meal breaks, starting times, quitting times, or taken together except by mutual agreement between the Employee and the Employer. If an Employee is unable to take their paid rest period or is recalled from their paid rest period, compensating time shall be provided later in their shift or paid to the Employee at an additional one times (1X) their Basic Rate of Pay.
(d) The time of meal breaks and rest periods shall be determined by the Employer. In making this determination the Employer will consider Employee preferences.
(a) Hours of work, exclusive of meal b...
Clause 20. 03(a) shall not apply where the operational needs of a program or work area makes it necessary to reduce an Employee’s rest period in order to meet that operational need. In these circumstances however, an Employee shall have at least twelve (12) hours off between changes in shifts, except in the case of overtime work or as otherwise mutually agreed by the Parties. This Clause applies to Employees working in:
(i) patient clinics in Cancer Care with evening services;
(ii) Addiction Services with evening services; or
(iii) programs, the operation of which requires staggered start and end times, to the extent of that need, such as:
(A) programs where employees rotate through staggered start and end times for health and safety purposes;
(B) programs where there are staggered start and end times and there is reduced coverage on weekends and the reduced rest period is necessary for that weekend coverage; and
(C) programs where staggered start and end times are in place and Employee schedules provide for twelve (12) hours rest between shifts in order to ensure that Employees maintain their FTEs.
Clause 20. 2 and 20.3 shall also apply as though there were substituted for references to “the Company” references to each Group Company in relation to which the Employee has in the course of his duties for the Company or by reason of rendering services to or holding office in such Group Company:
(a) acquired knowledge of its trade secrets or Confidential Information; or
(b) had personal dealings with its Customers or Prospective Customers; or
(c) had worked directly or indirectly with employees and/or having material personal dealings with its Customers or Prospective Customers, but so that references in clause 1 to “the Company” shall for this purpose be deemed to be replaced by references to the relevant Group Company. The obligations undertaken by the Employee pursuant to this clause 20.4 shall, with respect to each such Group Company, constitute a separate and distinct covenant and the invalidity or unenforceability of any such covenant shall not affect the validity or enforceability of the covenants in favour of any other Group Company or the Company.
Clause 20. Anatel shall inspect the service hereby granted in order to ensure the compliance with the universalization and continuity obligations inherent in the public system of its provision, as well as care for the compliance with the targets and commitments stated in this Agreement.
Clause 20. Subjects This agreement is subject to Buyers Board of Directors approval declarable no later than 30th April 2011.
Clause 20. 3.13.1 Each reference in Clause 20.1 of the Framework Agreement to a copy to be provided to: “Cxxxxxxx Chance Rxx Xxxxxx 000, 0xx Xxxxx CEP: 04552-050 São Paulo – SP Brazil Attention: Axxxxxx Xxxxxxxx Fax: +00 (00) 0000 0000” is amended to refer to a copy to be provided to: “Cxxxxxxx Chance Rxx Xxxxxxx 000, 00xx Xxxxx CEP: 04551-060 São Paulo – SP Brazil Attention: Axxxxxx Xxxxxxxx Fax: +00 (00) 0000 0000”
3.13.2 Clause 20.1.1 is amended by the insertion of the words“, by hand delivery” immediately after the words “by fax”.
3.13.3 The notice address in Clause 20.1.1(i) of the Framework Agreement for Cosan/Cosan Limited/Cosan Distribuidora de Combustíveis Ltda./ Milimétrica Participações is deleted and replaced by: “Cosan S.A. Indústria e Comércio Avenida Jxxxxxxxx Xxxxxxxxxxx 1327, 4th floor CEP: 04543-011 Sao Paulo – SP Brazil Attention: Diretor Juridico e Diretor Financeiro General Counsel and Chief Financial Officer Fax: +00 (00) 0000 0000”
3.13.4 A new Clause 20.1.3 is inserted immediately following the existing Clause 20.1.2 of the Framework Agreement as follows:
Clause 20. 10.1 shall not apply to any acquisition of property or assets (a) pursuant to any Expansion or substitution made pursuant to Clause 7.6 or (b) pursuant to the terms of the Put and Call Agreement.
Clause 20. 16.1 shall not apply to any Permitted Change of Control.
Clause 20. 2.2 shall not prohibit disclosure or use of any information if and to the extent:
(i) the disclosure or use is required by Applicable Law, any governmental or regulatory body or any stock exchange on which the shares of a party or its holding company are listed (including where this is required as part of any actual or potential offering, placing and/or sale of securities of any member of the Seller's Group or the Purchaser's Group);
(ii) the disclosure or use is required to vest the full benefit of this Agreement in any party;
(iii) the disclosure or use is required for the purpose of any arbitral or judicial proceedings arising out of this Agreement or any other agreement entered into under or pursuant to this Agreement or in order to enable a determination to be made by the Reporting Accountants under this Agreement;
(iv) the disclosure is required to be made to a Tax Authority in connection with the Tax affairs of the disclosing party;
(v) the disclosure is made to a party to whom assignment is permitted under Clause 23.3.2 or Clause 23.3.3 on terms that such assignee undertakes to comply with the provisions of Clause 20.2.2 in respect of such information as if it were a party to the Agreement;
(vi) the disclosure is made to professional advisers or actual or potential financiers of any party on a need to know basis and on terms that such professional advisers or financiers undertake to comply with the provisions of Clause 20.2.2 in respect of such information as if they were a party to this Agreement;
(vii) the information is or becomes publicly available (other than by breach of the Confidentiality Agreement or of this Agreement);
(viii) the disclosure is reasonably made to the W&I Insurer or its professional advisers in connection with any claim under the W&I Insurance Policy;
(ix) the other parties have given prior written approval to the disclosure or use; or
(x) the information is independently developed after the date of this Agreement, provided that prior to disclosure or use of any information pursuant to Clause 20.2.3(i), (ii) or (iii), the party concerned shall, where not prohibited by Applicable Law, promptly notify the other parties disclosure or use or otherwise to agree the timing and content of such disclosure or use.
Clause 20. 6.1 of this Agreement and Clause 21.5.1 of the Co-ownership Deed shall be treated as the restatement of the same single cap. Any amounts recovered by JVCo that count towards the cap in Clause 21.5.1 of the Co-ownership Deed shall also count towards the cap set out in Clause 20.6.1 of this Agreement, where such amounts relate to the same Non-Product Claim. For the purposes of assessing whether two Non-Product Claims are the same, the fact that those claims are brought pursuant to different agreements shall be disregarded.
