CONDITIONS CONDUCIVE TO INFESTATION Sample Clauses

CONDITIONS CONDUCIVE TO INFESTATION. Customer will fully cooperate with Your Company Name during the term of this Contract, and will maintain the area(s) treated free from any factors contributing to infestation, such as wood, trash, lumber, direct wood-soil contact, cellulose debris, or standing water under pier type structure. Customer will notify Your Company Name of and eliminate faulty plumbing, leaks, and dampness from drains, condensation or leaks from the roof or otherwise into, onto, or under the area(s) treated. Your Company Name may terminate this Contract if Customer fails to correct any condition, including, but not limited to the conditions listed above, which contribute or may contribute to infestation, and Your Company Name will be released from any further obligation under the contract upon notice of termination to Customer. Customer agrees that Your Company Name will not be held responsible for any damage caused to the structure(s) treated as a result of any said conditions. Customer must report any signs and/or evidence of termites or damage within fourteen (14) days of discovery of said infestation and/or damage. Failure of Your Company Name to notify Customer of any of the above conditions does not relieve Customer of the responsibility under this paragraph or waive Your Company Name’s right to terminate this Contract. YOUR COMPANY NAME IS NOT RESPONSIBLE FOR NOTIFYING CUSTOMER OF CONDUCIVE CONDITIONS.
Sample 1
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CONDITIONS CONDUCIVE TO INFESTATION. The Customer warrants full cooperation with Guardian Angel Exterminating during the term of this agreement, and agrees to maintain the structure(s) and the area treated free from any conditions considered conducive to infestation, such as wood to ground contact, form boards left in place, excessive moisture, debris under or around structure, grade level too high, insufficient clearance in crawl space, expansion joints or cracks in slab, wood root / wood fungus, heavy foliage, planter boxes abutting structure, poor drainage, insufficient ventilation, stucco on wire lathe on frame and/or rigid foam board and/or expanded foam materials which are in contact with the soil or covering interior or exterior foundation walls in such a way as to provide termites with hidden or protected access to the structure, whether visible or not, standing water under pier type structure, or as noted in additional comments. The Customer also agrees to notify Guardian Angel Exterminating of and to eliminate faulty plumbing, leaks, and dampness from drains, gutters, down spouts, and condensation or leaks from the roof or otherwise into, onto, or under said area(s) treated. Failure of the Customer to fully correct the above conditions may result in the mollification of this service agreement. Failure of Guardian Angel Exterminating to note any of the above conditions to the Customer does not alter the Customer’s responsibility under this paragraph. Water leakage in treated areas, and leakage in interior areas or through the roof or exterior walls of the identified structure(s), may destroy the effectiveness of the treatment, and is conductive to new infestation. The Customer is responsible for making timely repairs as are necessary to stop leakage. If Customer elects not to repair said defects, then Guardian Angel Exterminating shall have no further obligation under the Agreement.
Sample 1
CONDITIONS CONDUCIVE TO INFESTATION. Customer warrants full cooperation with Central Termite Company during the term of this contract, and agrees to maintain the treated area(s) free from any factors contributing to infestation, such as wood, trash, lumber, direct wood-soil contact, or standing water under pier type structure. Customer also agrees to notify Company of and to eliminate faulty plumbing leaks, and dampness from drains, condensation or leaks from the roof or otherwise onto, or under said area(s) treated. Specifically, if faulty roofs are the cause of creating termite damage in any form, the cost of repairs will be the sole responsibility of the owner and NOT Central Termite. Central Termite reserves the right to terminate this contract if Customer fails to correct any condition, including, but not limited to, the conditions listed above, which contribute or may contribute to infestation. Central Termite is not responsible for any damage caused to the structure(s) treated as a result of any said conditions. Central Termite shall be released from any further obligation under the Contract upon notice of termination to Customer. Failure of Central Termite to note herein any of the above conditions to Customer does not alter Customer’s responsibility under this paragraph, or waive Central Termite’s right to terminate this Contract.
Sample 1
CONDITIONS CONDUCIVE TO INFESTATION. Customer warrants full cooperation with Central Termite Central Termite and Pest Control during the term of this contract, and agrees to maintain the treated area(s) free from any factors contributing to infestation, such as wood, trash, lumber, direct wood-soil contact, or standing water under pier type structure. Customer agrees to notify Central Termite and Pest Control of and to eliminate faulty plumbing, leaks, and dampness from drains, condensation or leaks from the roof or otherwise onto, or under said area(s) treated. Specifically, if faulty roofs are the cause of creating termite damage in any form, the cost of repairs will be the sole responsibility of the owner and not Central Termite. Central Termite reserves the right to terminate the contract if Customer fails to correct any condition, including, but not limited to, the conditions listed above, which contribute or may contribute to infestation. Central is not responsible for any damage caused to the structure(s) treated as a result of any said conditions. Central Termite shall be released from any further obligation under the Contract upon notice of termination to Customer.
Sample 1
CONDITIONS CONDUCIVE TO INFESTATION. The Customer warrants full cooperation with Paramount Exterminating during the term of this agreement, and agrees to maintain the structure(s) and the area baited free from any conditions considered conducive to infestation, such as wood to ground contact, form boards left in place, excessive moisture, debris under or around structure, grade level too high, insufficient clearance in crawl space, expansion joints or cracks in slab, wood root / wood fungus, heavy foliage, planter boxes abutting structure, poor drainage, insufficient ventilation, stucco on wire lathe on frame and/or rigid foam board and/or expanded foam materials which are in contact with the soil or covering interior or exterior foundation walls in such a way as to provide termites with hidden or protected access to the structure, whether visible or not, standing water under pier type structure, or as noted in additional comments. Paramount Exterminating also agrees to notify customer of faulty plumbing, leaks, and dampness from drains, gutters, down spouts, and condensation or leaks from the roof or otherwise into, onto, or under said area(s) baited. Failure of the Customer to fully correct the above conditions may result in the mollification of this service agreement. Failure of Paramount Exterminating to note any of the above conditions to the Customer does not alter the Customer’s responsibility under this paragraph. Water leakage in treated areas, and leakage in interior areas or through the roof or exterior walls of the identified structure(s), may destroy the effectiveness of the treatment, and is conductive to new infestation. The Customer is responsible for making timely repairs as are necessary to stop leakage. If Customer elects not to repair said defects then Paramount Exterminating shall have no further obligation under the Agreement.
Sample 1

Related to CONDITIONS CONDUCIVE TO INFESTATION

  • Waiver of Breach and Severability The waiver by either party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party. In the event any provision of this Agreement is found to be invalid or unenforceable, it may be severed from the Agreement and the remaining provisions of the Agreement shall continue to be binding and effective.

  • EXPRESS CONDITIONS A. The Employee will not receive compensation until they begin contracted service for the Board. B. Regardless of any board policy or term of this contract, the Board may, with two (2) weeks’ notice, lay-off or furlough the Employee with or without benefits and/or salary should the Board determine, in its sole discretion that exigent economic circumstances exist or that such a lay- off or furlough is in the best interests of the College. The Employee may be laid-off or furloughed to part-time status. If the Employee is laid off or furloughed to part-time status, the Employee will be paid salary pro rata, based on the Employee’s full-time salary. For Employees laid-off or furloughed to part-time status, the Board will determine whether benefits will be granted on a pro rata basis or continued in full for the duration of the lay-off or furlough. C. The Employee’s employment may be terminated with cause, or whenever in the discretion and judgment of the President or designee, if the Employee has failed to meet the performance expectations or productivity goals set by the College, including, but not limited to, income generating goals.

  • Covenants and Conditions; Construction of Agreement All provisions of this Lease to be observed or performed by Lessee are both covenants and conditions. In construing this Lease, all headings and titles are for the convenience of the Parties only and shall not be considered a part of this Lease. Whenever required by the context, the singular shall include the plural and vice versa. This Lease shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

  • Unsafe Working Conditions Employees shall be recognized by the Employer to have the competence to determine what constitutes unsafe working conditions within their discipline. No employee shall be disciplined for refusal to work in a situation which is deemed unsafe beyond the reasonable requirements of the employee's job.

  • GENERAL WORKING CONDITIONS Section 18-1. Employment begins and ends at each project site. Section 18-2. The selection of craft foremen and/or general foremen and the number of foremen required shall be entirely the responsibility of the Employer, it being understood that in the selection of such foremen and/or general foremen the Employer will give primary consideration to the qualified individuals available in the local area. After giving such consideration, the Employer may select such individuals from other areas. All foremen shall take orders from the designated Employer representatives. Craft foremen shall be designated working foremen at the request of the Employer. Section 18-3. There shall be no limit on production by employees nor restrictions on the full use of tools or equipment. Employees using tools shall perform any of the work of the trade and shall work under the direction of the craft foremen. There shall be no restrictions on efficient use of manpower other than as may be required by safety regulations. Section 18-4. Employees shall be at their place of work at the starting time and shall remain at their place of work performing their assigned functions under the supervision of the Employer until quitting time. The parties reaffirm their policy of a fair day’s work for a fair day’s wage. Section 18-5. All equipment assigned to a project shall be under the control of the Employer. The Employer shall have the right to determine how many pieces of equipment an individual employee shall operate. In an emergency, foremen shall operate any equipment assigned by the Employer, and there shall be no restriction on foremen in the use of the tools of his or her craft in such emergency. The foremen shall be from the craft normally operating the equipment. In accordance with currently recognized craft jurisdiction, the Employer shall determine the assignment of employees to start, stop, and maintain small portable construction equipment. Such work may be assigned to craft employees within a reasonable distance of their primary duties or an employee may be assigned full time to start, stop and maintain the Employer’s small, portable equipment on the job site. There shall be no over xxxxxxx of this type of equipment. The number of employees assigned to rigging and scaffolding operations shall be at the sole discretion of the Employer. The ratio of journeyperson to welders shall be determined solely by the Employer. Section 18-6. The Employer may utilize the most efficient methods or techniques of construction, tools or other labor saving devices to accomplish the work. Practices not a part of the terms and conditions of this Agreement, stand by crews and feather bedding practices will not be recognized. Section 18-7. It is recognized that specialized or unusual equipment may be installed and/ or serviced by individuals who have special training, skill, or qualifications and are not covered by this Agreement. Testing, inspection, or service performed on plant equipment under warranty may be performed by the vendor’s personnel. Section 18-8. Neither the Union nor its local unions shall coerce or in any way interfere with the Owner’s personnel, operation or facilities at the plant site. The Owner’s right to contract directly with other companies for work at the plant site shall not be limited, and the Union shall cooperate and not interfere with the Employer’s operations. Section 18-9. It is agreed that overtime is undesirable and not in the best interest of the industry or the employees; therefore, except in unusual circumstances, overtime will not be worked. Where unusual circumstances do exist, however, the Employer will have the right to assign specific employees and/or crews to perform such overtime work as is necessary to accomplish the job. Section 18-10. There will be no rest periods, organized coffee breaks or other non-working time established during working hours. Section 18-11. Individual seniority shall not be recognized or applied to employees working on projects under this Agreement. Section 18-12. The Employer shall establish such reasonable project rules as the Employer deems appropriate. These rules will be reviewed at the pre-job conference and posted at the project site by the Employer, and may be amended thereafter as necessary.

  • Geographic Area and Sector Specific Allowances, Conditions and Exceptions The following allowances and conditions shall apply where relevant. Where the Employer does work which falls under the following headings, the Employer agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Preservation, Maintenance, and Protection of the Property Inspections. Borrower will not destroy, damage, or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower must maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless Lender determines pursuant to Section 5 that repair or restoration is not economically feasible, Borrower will promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid to Lender in connection with damage to, or the taking of, the Property, Borrower will be responsible for repairing or restoring the Property only if Xxxxxx has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed, depending on the size of the repair or restoration, the terms of the repair agreement, and whether Borrower is in Default on the Loan. Lender may make such disbursements directly to Borrower, to the person repairing or restoring the Property, or payable jointly to both. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower remains obligated to complete such repair or restoration. Lender may make reasonable entries upon and inspections of the Property. If Lender has reasonable cause, Xxxxxx may inspect the interior of the improvements on the Property. Lender will give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.

  • Safe Working Conditions The Employer undertakes to maintain office furniture, equipment, etc., in a practical and safe condition in order to avoid injury to employees or damage to their attire. Employees, for their part and in their own interest, are expected to advise the Employer of any such potentially injurious equipment.

  • Condition of the Business (a) Notwithstanding anything contained in this Agreement to the contrary, Purchaser acknowledges and agrees that Seller is not making any representations or warranties whatsoever, express or implied, beyond those expressly given by Seller in Article V hereof (as modified by the Seller Schedules as supplemented or amended), and Purchaser acknowledges and agrees that, except for the representations and warranties contained therein, the Purchased Assets and the Business are being transferred on a “where is” and, as to condition, “as is” basis. Any claims Purchaser may have for breach of representation or warranty shall be based solely on the representations and warranties of Seller set forth in Article V hereof (as modified by the Seller Schedules as supplemented or amended). Purchaser further represents that neither Seller nor any of its Affiliates nor any other Person has made any representation or warranty, express or implied, regarding Seller, the Purchased Assets, the Business or the transactions contemplated by this Agreement or as to the accuracy or completeness of any information not expressly set forth in this Agreement and neither Purchaser nor any of its Affiliates has relied on any such express or implied representation or warranty. Purchaser further agrees that none of Seller, any of its Affiliates or any other Person will have or be subject to any liability to Purchaser or any other Person resulting from the distribution to Purchaser or its representatives or Purchaser’s use of, any such information, including any confidential memoranda distributed on behalf of Seller relating to the Business or other publications or data room information provided to Purchaser or its representatives, or any other document or information in any form provided to Purchaser or its representatives in connection with the sale of the Business and the transactions contemplated hereby. Purchaser acknowledges that it has conducted to its satisfaction, its own independent investigation of the Business and, in making the determination to proceed with the transactions contemplated by this Agreement, Purchaser has relied on the results of its own independent investigation.

  • WORKING CONDITIONS 9.01 Lunch periods shall be at mid-shift. 9.02 The Employer shall allow each employee two (2) breaks of ten (10) minutes each, but not more in a work shift. Time of breaks shall be mutually agreed upon. 9.03 Essential protective clothing including welder’s gloves, protective vests or leather jackets, noise abatement devices, and rainwear shall be supplied at no charge to the employee. In the event that an employee does not return the foregoing items supplied to him by the Employer, the Employer shall charge the cost of same to the employee and deduct this cost from any money owing to the employee. 9.04 Chemical or flush toilets shall be provided from the commencement of work on all jobs. Where the sewer or chemical toilets are not available, sanitary toilet facilities shall be provided as called for in local sanitary regulations. Toilet houses shall be painted, at least on the inside, and cleaned out daily. Toilet paper will be provided. 9.05 Where there is no running tap water available, drinking water in approved sanitary containers shall be provided. Paper cups will be supplied. Salt tablets shall be supplied during the summer months. 9.06 If requested by the Union or employee, the Employer will provide within three (3) calendar days, a termination slip which shall state the reason for the employee’s termination and whether or not he is eligible for rehire. 9.07 Adequate time will be allowed prior to quitting time for picking up tools. 9.08 A lock-up shall be provided for employees for drying clothes, and dressing room, as well as lunch room. The lock-up shall have tables, and benches with provision for drying clothes. Such lock-up shall have windows and venting with adequate lighting and provision for continuous heat twenty-four (24) hours a day. The Employer shall be responsible for having the lock-up cleaned out daily and kept cleared of building material and other construction paraphernalia. Additional shelters shall be provided for employees to eat their lunch as may be required. 9.09 In case of fire or burglary on property or premises provided by the Employer, the Employer shall protect the value of an employee’s work clothes up to a total of three hundred and fifty dollars ($350.00). The Employer shall also provide fire and burglary insurance for the employees required tools to a total value of the tools, tool for tool, make for make, provided an inventory of tools and clothing is filed with the Employer. The Employer shall supply the required forms and obtain the inventory from each employee. The employee shall receive a signed copy of the inventory from the Employer. Coverage will commence at the date of the filing of the inventory with the Employer. Where an employee fails to file an inventory his rights to submit a claim shall be waived. (a) All mechanics, welders, servicemen, tire servicemen, drill doctors, steel sharpeners, bodymen painters, and mechanics and welder apprentices who request coveralls shall have these supplied and cleaned by the Employer. There shall be one change a week available in the employee’s proper size. Employees are expected to take reasonable care of coveralls supplied. In the event that an employee does not return the coveralls supplied to him by the Employer, the Employer shall charge the cost of same to the employee and deduct this cost from any monies owing to the employee. When requested, coveralls shall be supplied on a temporary basis to employees who assist on work as described above, or where the Employer and the Union mutually agree that coveralls are required. (b) Employees entitled to receive coveralls as provided herein may obtain an additional change of coveralls in any one week providing the condition of the coveralls requires a change. The shop xxxxxxx shall use discretion in authorizing the additional change. (c) All shops shall provide adequate clean-up facilities. 9.11 The Employer shall pay the cost of obtaining operators’ licences other than those required under the Motor Vehicles Act for employees covered by this Agreement. 9.12 No employee will be permitted to use his own motor vehicle in a manner which is unfair to other members or against the best interest of the Union. 9.13 Each employee being terminated will be given one (1) hour’s notice of termination by the Employer or one (1) hour’s pay allowed in lieu thereof. Heavy duty mechanics and apprentice mechanics may utilize this hour to gather together their tools and put them in shape for their next job. 9.14 When a mechanic leaves the employ of the Employer, the Employer shall be required to pay cost of shipping mechanic’s tools. Tools shall be shipped within forty-eight (48) hours of his leaving his employment, subject to the same conditions as govern transportation. When an Operating Engineer elects to transport his own tools to and from the jobsite, the employee shall be paid the rate of two dollars and seventy-five cents ($2.75) per one hundred (100) pounds per one hundred (100) miles. (e.g. $2.75 x 528 pounds x 273 miles = $39.64). Where the Employer fails to comply with the above, the employee shall be deemed to be still on the payroll of the Employer and shall receive his usual wages and all other conditions of this Agreement until there is compliance with these provisions. 9.15 Where an employee is involved in an accident while on the job and as a result is unable to perform his work, he shall receive a full day’s pay for the day of the accident.

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