Consequences of Prohibited Conduct. If the Company determines that the Recipient has engaged in any Prohibited Conduct (as defined in Section 2(b)), then:
(i) The Recipient shall immediately forfeit all outstanding RSUs awarded pursuant to this Agreement and shall have no right to receive the underlying Shares; and
(ii) If the Payment Date for any RSUs has occurred, and the Company determines that Prohibited Conduct occurred on or before the first anniversary of the Vesting Date for those RSUs, the Recipient shall repay and transfer to the Company (A) the number of Shares issued to the Recipient under this Agreement on that Payment Date (the “Forfeited Shares”), plus (B) the amount of cash equal to the withholding taxes paid by withholding Shares (if any) from the Recipient on the respective Payment Date. If any Forfeited Shares have been sold by the Recipient prior to the Company’s demand for repayment, the Recipient shall repay to the Company (A) 100% of the proceeds of such sale or sales, plus (B) the amount of cash equal to the withholding taxes paid by withholding Shares (if any) from the Recipient on the respective Payment Date.
Consequences of Prohibited Conduct. Any employee who violates this Policy is subject to discipline up to and including discharge. Violations of this Policy will, however, be evaluated on a case-by-case basis and the level of discipline imposed will be based on the seriousness of the offense, except as described below. For violation of paragraphs (c), (g) above: for a first violation, the employee shall be referred to a Substance Abuse Professional (SAP) to evaluate the employee, and the employee shall complete treatment. The SAP determines if the employee has successfully complied with the recommended treatment. The employee shall have a written reprimand placed in his/her file with a notation that any further violations of the Policy within a four (4) year period following issuance of the written reprimand will result in the employee being subject to discharge. As a limited exception to Article
Consequences of Prohibited Conduct. In consideration of and as a condition to the grant of the Award, the Recipient agrees to not engage in Prohibited Conduct (as defined in Section 2(b)). If the Company determines that the Recipient has engaged in any Prohibited Conduct, then the Recipient shall immediately forfeit the Award and shall have no right to receive the underlying Shares.
Consequences of Prohibited Conduct. If the Company determines that the Optionee has engaged in any Prohibited Conduct (as defined in Section 5(b)), then:
(i) The Option shall immediately terminate, including with respect to Vested Options; and
(ii) If the Company determines that Prohibited Conduct occurred on or before the first anniversary of the date the Option was exercised for any Option Shares, the Optionee shall repay and transfer to the Company (A) the number of Option Shares issued to the Optionee under this Agreement within such one year period (the “Forfeited Shares”), plus (B) the amount of cash equal to the withholding taxes paid by withholding shares (if any) from the Optionee with respect to such exercise of the Option (including through broker-assisted “cashless” exercise). If any Forfeited Shares have been sold by the Optionee prior to the Company’s demand for repayment, the Optionee shall repay to the Company (A) 100% of the proceeds of such sale or sales, plus (B) the amount of cash equal to the withholding taxes paid by withholding Shares (if any) from the Optionee with respect to such exercise of the Option (including through broker-assisted “cashless” exercise). The Company may, in its sole discretion, reduce the amount to be repaid by the Optionee to take into account the tax consequences of such repayment for the Optionee.
Consequences of Prohibited Conduct. If the Company determines that the Participant has engaged in any Prohibited Conduct (as defined in Section 7(b)), then:
(i) The Participant shall immediately forfeit all outstanding PSUs awarded pursuant to this Agreement and shall have no right to receive the underlying Shares; and
(ii) If the delivery of Shares underlying any PSUs has occurred (each, a “Payment Date”), and the Company determines that Prohibited Conduct occurred on or before the first anniversary of the Vesting Date for those PSUs, the Participant shall repay and transfer to the Company (A) the number of Shares issued to the Participant under this Agreement on that Payment Date (the “Forfeited Shares”), which shall include with respect to any Forfeited Shares that have been sold by the Participant prior to the Company’s demand for repayment, the repayment by the Participant to the Company of 100% of the proceeds of such sale or sales, plus (B) the amount of cash equal to the withholding taxes paid by withholding and/or selling Shares (if any) from the Participant on the respective Payment Date.
Consequences of Prohibited Conduct. 30 1. No driver shall perform safety-sensitive functions, including driving a commercial 31 motor vehicle if he/she has engaged in conduct prohibited by this Article, unless the 32 driver successfully completes a return-to-duty test, subject to the exception in 33 Paragraph D.2. below. More specifically, before a driver returns to duty requiring 34 the performance of safety-sensitive functions after engaging in conduct prohibited by 35 this Article, he/she shall undergo a return-to-duty test with a result indicating an 36 alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled 37 substances test with a verified negative result if the conduct involved controlled 38 substances.
40 2. No driver tested under this Article who is found to have an alcohol concentration of 41 greater than 0.02 - but less than 0.04 - shall perform or continue to perform safety- 42 sensitive functions for the employer, including driving a commercial motor
Consequences of Prohibited Conduct i. If we detect suspicious activity or a potential breach of this agreement linked to your Referral ID, we may:
ii. suspend your Referral ID pending further investigation; and
iii. we reserve the right to delay payment of any Fees due to you for up to 180 days while we verify the relevant transactions.
iv. Notwithstanding the above, if we determine, in our sole discretion, that you have engaged in any activity in breach of this agreement, whether suspected or proven, we reserve the right to terminate these Terms immediately and void any entitlements due to you.
Consequences of Prohibited Conduct. Any employee who violates this Policy is subject to discipline up to and including discharge. Violations of this Policy will, however, be evaluated on a case-by-case basis and the level of discipline imposed will be based on the seriousness of the offense, except as described below. In determining the appropriate action, the District shall consider an individual’s work record, the seriousness of the violation, the safety-sensitivity of the individual’s position, whether the individual’s behavior violated any other District policy, whether a sanction or corrective action is permissible under applicable law and any other relevant factors. Employees in DOT positions whose alcohol test results are between 0.02 and 0.039 cannot be returned to their position until at least 24 hours have elapsed from the time of their testing. Employees in DOT positions who test positive for controlled substances, or have a confirmed alcohol test result of 0.02 or above cannot return to their job duties until: A Substance Abuse Professional (SAP) evaluates the employee, and the employee undergoes education or seeks treatment as recommended by the SAP; The SAP determines the employee has successfully complied with the recommended education or treatment; The employee passes a return to duty test with an alcohol concentration below 0.02 and/or a negative drug test result.
Consequences of Prohibited Conduct. In consideration of and as a condition to the grant of the Award, the Recipient agrees to not engage in Prohibited Conduct (as defined in Section 2(b)). If the Company determines that the Recipient has engaged in any Prohibited Conduct, then:
(i) The Recipient shall immediately forfeit all outstanding RSUs awarded pursuant to this Agreement and shall have no right to receive the underlying shares; and
(ii) If the Payment Date for any RSUs has occurred, and the Company determines on or before the first anniversary of a Vesting Date for such RSUs that the Recipient has engaged in Prohibited Conduct, the Recipient shall repay and transfer to the Company the number of shares of Common Stock issued to the Recipient under this Agreement on that Payment Date (the “Forfeited Shares”) and a cash payment equal to the applicable withholding taxes. If any Forfeited Shares have been sold by the Recipient prior to the Company’s demand for repayment, the Recipient shall repay to the Company 100% of the proceeds of such sale or sales and a cash payment equal to the applicable employer withholding taxes paid on the Payment Date. The Company may, in its sole discretion, reduce the amount to be repaid by the Recipient to take into account the tax consequences of such repayment for the Recipient.
Consequences of Prohibited Conduct. 26 1. No driver shall perform safety-sensitive functions, including driving a commercial 27 motor vehicle if he/she has engaged in conduct prohibited by this Article, unless the 28 driver successfully completes a return-to-duty test, subject to the exception in 29 Paragraph D.2. below. More specifically, before a driver returns to duty requiring 30 the performance of safety-sensitive functions after engaging in conduct prohibited by 31 this Article, he/she shall undergo a return-to-duty test with a result indicating an 32 alcohol concentration of less than 0.02 if the conduct involved alcohol, or a controlled 33 substances test with a verified negative result if the conduct involved controlled 34 substances.
36 2. No driver tested under this Article who is found to have an alcohol concentration of 37 greater than 0.02 - but less than 0.04 - shall perform or continue to perform safety- 38 sensitive functions for the employer, including driving a commercial motor 39 vehicle. In this situation, the driver shall not continue to perform safety-sensitive 40 functions until the start of his/her next regularly scheduled work period, but not less 41 than twenty-four (24) hours following administration of the test and until cleared by 42 the District-designated physician or another physician provided by the District. 43
