Collective Bargaining Matters. Buyer will set its own initial terms and conditions of employment for the Hired Active Employees and others it may hire, including work rules, benefits and salary and wage structure, all as permitted by law. Buyer is not obligated to assume any collective bargaining agreements under this Agreement. Seller shall be solely liable for any severance payment required to be made to its employees due to the Contemplated Transactions. Any bargaining obligations of Buyer with any union with respect to bargaining unit employees subsequent to the Closing, whether such obligations arise before or after the Closing, shall be the sole responsibility of Buyer.
Collective Bargaining Matters. Buyer will set its own initial terms and conditions of employment for the Hired Active Employees and others it may hire, including work rules, benefits and salary and wage structure, all as permitted by Law. Any bargaining obligations of Buyer with any union with respect to bargaining unit employees subsequent to the Closing shall be the sole responsibility of Buyer.
Collective Bargaining Matters. Nothing in this Agreement prohibits or restricts Buyer from setting its own initial terms and conditions of employment for any Employee it determines to hire, including work rules, benefits and salary and wage structure, all as permitted by applicable Legal Requirements. Seller acknowledges and agrees that Buyer is not obligated to assume any Excluded Obligations with respect to any collective bargaining agreements under this Agreement. Seller shall be solely liable for any severance payments required to made to Employees due to the consummation of the transactions contemplated by this Agreement and any "effects" bargaining legal obligations of Seller and any obligations resulting or arising therefrom.
Collective Bargaining Matters. The Purchaser shall expressly recognize any collective bargaining representative recognized by the National MGP or any of the National Parties as of the Effective Time for units consisting of Employees and identified on Schedule 7.5 and shall expressly assume any and all of the National MGP's and the National Parties' obligations under any collective bargaining agreements (all as listed on Schedule 7.5) existing at the Effective Time with respect to the Employees.
Collective Bargaining Matters. Buyer is not obligated to assume any collective bargaining agreements under this Agreement. Seller shall be solely liable for any severance payment required to be made to its employees due to the Contemplated Transactions. Any bargaining obligations of Buyer with any union with respect to bargaining unit employees subsequent to the Closing, whether such obligations arise before or after the Closing, shall be the sole responsibility of Buyer.
Collective Bargaining Matters. Buyer hereby acknowledges that the Seller has delivered to the Buyer a copy of the Labor Agreement between US Seller and Local #441, Sheet Metal Workers International Association, effective as of November 18, 2012, which Seller hereby represents and warrants is a true and complete copy of such Labor Agreement, and Seller has requested that Buyer assume the same. Buyer shall not, and has advised Seller that it shall not, assume any collective bargaining agreements or similar labor Contracts, or any Liability or obligation in respect thereof or related thereto, under or by reason of this Agreement or the transactions contemplated hereby. Buyer will set its own initial terms and conditions of employment for the employees and others it may hire in its sole discretion, including work rules, benefits and salary and wage structure, all as permitted by Applicable Law.
Collective Bargaining Matters. Buyer is not obligated to assume any collective bargaining agreements under this Agreement; provided, however, that Buyer shall indemnify Sellers for any Liability arising from a claim or grievance under the collective bargaining agreement for Principal Seller's San Francisco store caused by Buyer's failure to assume such collective bargaining agreement or to offer employment as of the Closing Date to substantially all Active Employees covered by such collective bargaining agreement in accordance with Section 12.1(b).
Collective Bargaining Matters. Buyer shall assume all of ----------------------------- the Collective Bargaining Agreements of Sellers under this Agreement or by contract at the Closing, the Zellwood Closing or the Chicago Closing, as the case may be. Any bargaining obligations of Buyer with any union with respect to bargaining unit employees subsequent to the Closing, the Zellwood Closing or the Chicago Closing, as the case may be, whether such obligations arise before or after the Closing, the Zellwood Closing or the Chicago Closing, as the case may be, shall be the sole responsibility of Buyer."
25. Section 9.7(g)(vi). Section 9.7(g)(vi) of the Asset Purchase ------------------ ------------------ Agreement is hereby amended to read in its entirety as follows:
Collective Bargaining Matters. Buyer shall assume all of the ----------------------------- Collective Bargaining Agreements of Sellers under this Agreement or by contract. Any bargaining obligations of Buyer with any union with respect to bargaining unit employees subsequent to the Closing, whether such obligations arise before or after the Closing, shall be the sole responsibility of Buyer.
Collective Bargaining Matters. Buyer shall, subject to the requirements of applicable federal labor laws, (i) recognize the Bargaining Representative as the exclusive representative of the Hired Active Employees who are bargaining unit employees and (ii) assume the CBA in accordance with and subject to such changes as are set forth in (or on an attachment to) Exhibit 8.8. Buyer, rather than Seller, will provide retiree medical benefits with respect to Hired Active Employees who are bargaining unit employees and retire from service with Buyer following the Closing Date. Seller shall retain all Liability for any pension, medical, life insurance or other benefits with respect to any retiree, former employee or other employee who is not a Hired Active Employee. Seller will use Best Efforts to resolve any outstanding grievances and arbitrations with respect to bargaining unit employees prior to Closing. Seller will retain responsibility for unresolved grievances and arbitrations as of the Closing Date, including the costs of resolving those grievances and arbitrations, provided that Seller shall not resolve a grievance or arbitration which might negatively impact Buyer without Buyer's consent, which consent shall not be unreasonably withheld.
