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. 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. Day Shift 6:30 a.m. to 6:30 p.m. Night Shift 6:30 p.m. to 6:30 a.m. 10 Hour Shift Afternoon Shift 3:00 pm to 1:00 am Overtime rate will not apply to the last two (2) hours of each 10 hour shift. Afternoon shift premium will be paid on all 10 hours worked. Company will provide one (1) weeks’ notice for any change on or off the Night Shift. Company will provide a minimum of fifteen (15) business days' advance notice when transitioning employees to a continental shift provided the business does not have emergent circumstances impacting product supply to the customer. In the instance of emergent circumstances the change of shifts will occur with five (5) business days' notice to affected employees. The employer agrees to meet with the union to discuss the emergent circumstance.
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 and SkyWest's continued failure to make any such payment, shall however, be grounds for termination of this Agreement. Payments shall be made payable to Continental and shall be sent to the following address or such other location as Continental may designate from time to time: Continental Airlines, Inc. P.O. Box 100023 Houston, Texas 77212
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 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.
