Continental. The Company can assure that there will not be Continental shifts in the life of this Collective Agreement.
Continental. Continental shall timely meet each milestone identified as a Continental milestone in Attachment II to Appendix F (the “Continental Milestones”). Appendix F sets forth remedies in the event Continental fails to meet a Continental Milestone in accordance with the timeline in Appendix F. Continental shall promptly notify Aurora in writing if it reasonably believes it will be unable to achieve any Continental Milestone, as soon as commercially reasonable, not to exceed within five (5) Business Days after coming to this belief.
Continental. The names of certain Personnel of Continental are identified on Appendix L (the “Continental Key Personnel”) together with an indication whether they will be assigned full-time or part-time to Continental’s work under this Agreement. Without Aurora’s prior written consent, which shall not be unreasonably withheld: (a) Continental shall not remove any Continental Key Personnel from their work, or materially reduce their responsibilities for work, under this Agreement; and (b) Continental Key Personnel will not be assigned to work on projects involving SAE Level 4 Systems or for L4 Entities. If one of the Continental Key Personnel ceases to be employed by Continental, or becomes incapacitated or otherwise unavailable to perform the functions or responsibilities assigned to him or her under this Agreement, then Continental shall promptly replace this person with another Continental employee who is similarly qualified as the person who is being replaced. For purposes of this Section, the movement of Continental Key Personnel from the employ of Continental to an Affiliate of Continental that results in an alteration or reduction of time expended by that person in performance of Continental’s duties under this Agreement, will be considered a removal requiring Aurora’s consent and not a cessation of employment. Notwithstanding the foregoing, Xxxxxx’s consent shall not be required for Continental to assign, reassign, or otherwise move Continental Key Personnel or any other employees due to immigration or visa related reasons, provided that such assignment, reassignment or move shall be subject to the requirements set forth in this Section 13.2. In the event that any of the obligations in this Section 13.2.1 would require Continental to violate German labor laws or German Worker’s Council obligations, Continental will promptly notify Aurora of the compliance issue, and Continental will work with Aurora in good faith to ensure sufficient Continental Personnel are available.
Continental. Day Shift 6:30 a.m. to 6:30 p.m. Night Shift 6:30 p.m. to 6:30 a.m. Company will provide one (1) weeks’ notice for any change on or off of the Night Shift.
Continental. Notwithstanding the foregoing, without the consent of each Certificateholder and each Liquidity Provider, no supplement, amendment or modification of this Agreement may (i) reduce the percentage of the interest in any Trust evidenced by the Certificates issued by such Trust necessary to consent to modify or amend any provision of this Agreement or to waive compliance therewith or (ii) except as provided in Section 9.1(c) or the last sentence of this Section 9.1(a), modify Section 2.4, 3.2 or 3.3 hereof, relating to the distribution of monies received by the Subordination Agent hereunder from the Equipment Notes or pursuant to the Liquidity Facilities. Nothing contained in this Section shall require the consent of a Trustee at any time following the payment of Final Distributions with respect to the related Class of Certificates. If the Replacement Liquidity Facility for any Liquidity Facility in accordance with Section 3.6(e) hereof is to be comprised of more than one instrument as contemplated by the definition of the term "Replacement Liquidity Facility", then each of the parties hereto agrees to amend this Agreement to incorporate appropriate mechanics for multiple Liquidity Facilities for an individual Trust.
Continental. Cement Corporation, supra, at 534; Tan v. Kaakbay Finance Corporation, supra, at 525-526; Alday v. FGU Insurance Corporation, G.R. No. 138822, January 23, 2001, 350 SCRA 113, 121. 40 Development Bank of the Philippines x. Xx Xxxxxxx Development Corporation, G.R. No. 137694, January 17, 2005, 448 SCRA 384, 392-393; Taganas x. Xxxxxxx, G.R. No. 146980, September 2, 2003, 410 SCRA 237, 242. The Manila RTC had jurisdiction to hear and decide on the merits Shell’s complaint to recover the deficiency, and its decision rendered on May 31, 1990 on the merits already became final and executory. Hence, the first, second and third elements were present. Anent the fourth element, the Makati RTC concluded that the Manila case and the Makati case had no identity as to their causes of action, explaining that the former was a personal action involving the collection of a sum of money, but the latter was a real action affecting the validity of the foreclosure sale, stating in its order of October 5, 1999 denying Shell’s motion for reconsideration as follows: Finally, as to whether there is identity of causes of action between the two (2) cases, this Court finds in negative. xxxx True, the test of identity of causes of action lies not in the form of an action but on whether the same evidence would support and establish the former and the present causes of action. The difference of actions in the aforesaid cases is of no moment. It has been held that a party cannot by varying the form of action or adopting a different method of presenting his case, escape the operation of the principle that one and the same cause of action shall not be twice litigated between the same parties and their privies. (Xxxxxxxxx vs. Xxxxxxx, 151 SCRA 53; Xxxxxxxxx vs. Court of Appeals, 193 SCRA 437. This ruling however does not fall squarely on the present controversy. Civil Case No. 42852 is for collection of sum of money, a personal action where what is at issue is whether spouses Xxxxxxxx have indebtedness to Pilipinas Shell. There is no concrete findings on questions regarding the validity of sale affecting the mortgaged property, otherwise, there would be a determination of transferring of title over the property which is already a real action. In the latter action, Manila courts has no jurisdiction considering that the property is located in Paranaque, then sitting under Makati RTC. At any rate, this Court is not unmindful of series of cases which state that from an otherwise rigid rule outli...
Continental. Continental operates fleets of aircraft in domestic and international scheduled flights, with many equipped with aircraft telephones (Airfones(R)). For purposes of this Agreement, Continental aircraft fleets are defined as those Continental aircraft fleets which generally fly domestic and international trips (the "Continental Fleets"). Continental Fleets serve millions of air travelers annually with the highest quality of airline services.
Continental. Continental shall provide and pay for:
(A) The Continental Pages on a reimbursement basis to SkyMall according to the Continental Pages Reimbursement Formula in EXHIBIT B; (B) Other costs to be agreed to regarding the inventory and delivery of Continental's Trademarked Merchandise and Continental's Services featured in the Continental Pages according to Continental Pages Agreement in EXHIBIT D; (C) The distribution from the Continental Hubs by Continental of the SkyMall(R) Services Catalog to the aircraft in the Continental Fleets under the SECTION on SKYMALL SHIPMENT AND CONTINENTAL DISTRIBUTION OF CATALOGS; (D) The promotional costs associated with the SECTION on CONTINENTAL PROMOTION OF CATALOG SERVICES; (E) Space at no charge to SkyMall in which SkyMall and Continental personnel can meet to implement the SkyMall(R) Program, and booths where appropriate; (F) The Complimentary Air Travel costs under the SECTION on COMPLIMENTARY AIR TRAVEL; and (G) The costs to be agreed to regarding any optional SkyMall(R) Program Services, including the SECTIONS on OPTIONAL OTHER SERVICES, OPTIONAL SKYMALL INDEPENDENT MAILING SERVICES, ADDITIONAL SERVICES TO PROMOTE CONTINENTAL and SKYMALL(R) PROGRAM COSTS AND EXPENSES.
Continental. (i) agrees that any consent, waiver or forbearance hereunder with respect to an event shall operate only for such event and not for any subsequent event; (ii) consents to any and all extensions of time that may be granted to Continental by the Policy Provider with respect to any payment hereunder or other provisions hereof; and (iii) consents to the addition of any and all other makers, endorsers, guarantors and other obligors for any payment hereunder, and to the acceptance of any and all other security for any payment hereunder, and agrees that the addition of any such obligors or security shall not affect the liability of Continental for any payment hereunder.
Continental acknowledges Contractor's ownership of the Contractor Marks and further acknowledges the validity of the Contractor Marks. Continental agrees that it will not do anything that in any way infringes or abridges Contractor's rights in the Contractor Marks or directly or indirectly challenges the validity of the Contractor Marks.
