Continuation of Agreement This Agreement shall become effective for each Fund as of the date first set forth above and shall continue in effect for each Fund until August 1, 2010, unless sooner terminated as hereinafter provided, and shall continue in effect from year to year thereafter for each Fund only as long as such continuance is specifically approved at least annually (i) by either the Board of Directors or by the vote of a majority of the outstanding voting securities of such Fund, and (ii) by the vote of a majority of the Directors, who are not parties to the Agreement or interested persons of any such party, cast in person at a meeting called for the purpose of voting on such approval. The annual approvals provided for herein shall be effective to continue this Agreement from year to year if given within a period beginning not more than 90 days prior to August 1st of each applicable year, notwithstanding the fact that more than 365 days may have elapsed since the date on which such approval was last given.
OPERATION OF AGREEMENT This Agreement will be effective and binding immediately upon its execution, but, anything in this Agreement to the contrary notwithstanding, this Agreement will not be operative unless and until a Change in Control occurs. Upon the occurrence of a Change in Control at any time during the Term, without further action, this Agreement shall become immediately operative.
Termination of Agreements (a) Except as set forth in Section 2.7(b), in furtherance of the releases and other provisions of Section 4.1, SpinCo and each member of the SpinCo Group, on the one hand, and Parent and each member of the Parent Group, on the other hand, hereby terminate any and all agreements, arrangements, commitments or understandings, whether or not in writing, between or among SpinCo and/or any member of the SpinCo Group, on the one hand, and Parent and/or any member of the Parent Group, on the other hand, effective as of the Effective Time. No such terminated agreement, arrangement, commitment or understanding (including any provision thereof which purports to survive termination) shall be of any further force or effect after the Effective Time. Each Party shall, at the reasonable request of the other Party, take, or cause to be taken, such other actions as may be necessary to effect the foregoing.
PROCUREMENT OF AGREEMENT CONSULTANT represents and warrants that no person or selling agent has been employed or retained by CONSULTANT to solicit or secure this Agreement upon an agreement or upon an understanding for a commission, percentage, a brokerage fee, contingent fee or any other compensation. CONSULTANT further represents and warrants that no payment, gift or thing of value has been made, given or promised to obtain this or any other agreement between the parties. CONSULTANT makes such representations and warranties to induce the COUNTY to enter into this Agreement and the COUNTY relies upon such representations and warranties in the execution hereof. For a breach or violation of such representations or warranties, the COUNTY shall have the right to annul this Agreement without liability, entitling the COUNTY to recover all monies paid hereunder and CONSULTANT shall not make claim for or be entitled to recover, any sum or sums otherwise due under this Agreement. This remedy, if effected, shall not constitute the sole remedy afforded the COUNTY for such falsity or breach, not shall it constitute a waiver of the COUNTY’s right to claim damages or otherwise refuse payment or to take any other action provided for by law or pursuant to this Agreement.
Implementation of Agreement Each Party must promptly execute all documents and do all such acts and things as is necessary or desirable to implement and give full effect to the provisions of this Agreement.
Duration of Assignments Consideration must be given to the health and safety of personnel when assigned to fires of long duration. It is agreed that duration of assignments is dictated by each Party’s policy. Extension of assignments beyond the Supporting Party’s policy may be requested. It is the responsibility of the Protecting Party to request relief personnel in advance of the Supporting Party’s policy time limit. The Protecting Party is further responsible for the transportation costs of moving personnel to the fire and returning those relieved personnel back to their home stations. In all cases, the Department and Forest Service agree that their Incident Commanders will release suppression resources to their primary mission responsibilities as soon as priorities allow. The National Wildfire Coordinating Group (NWCG) has established guidelines for the length of assignments for resources and personnel who accept out of state assignments. Personnel who accept assignments out of the state are expected to adhere to the guidelines identified by NWCG. For incidents within the state, there is a required 7 day minimum commitment. Both Parties agree to honor the minimum length of assignments guidelines.
Application and Operation of Agreement Clause No. Title
Termination of Agreement If this Agreement is terminated by the Representatives in accordance with the provisions of Section 5 or Section 9(a)(i) hereof, the Company shall reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of counsel for the Underwriters.
Formation of Agreement A. No agreement between the Parties is formed until all applicable actions have been completed to the satisfaction of Valley Water. Valley Water Project Manager will not issue a Notice to Proceed until all required documents have been submitted and accepted by Valley Water.
CERTIFICATION OF AGREEMENT In accordance with Division 4 of Part VIB of the Workplace Relations Act 1996, the Commission hereby certifies the attached written agreement in this matter. This agreement shall come into force from the date of certification, being 6 May 2003, shall operate in accordance with its terms and shall remain in force until 31 October 2005. Printed by authority of the Commonwealth Government Printer <Price code 40> GLADWYN PLUMBING PTY LTD & C E P U ENTERPRISE AGREEMENT 2002-2005 PLUMBING and MECHANICAL SERVICES ENTERPRISE AGREEMENT 2002 - 2005 Subject Matter Clause number Page number Annual Leave 27 17 Application of Site Agreements 20 13 Apprentices 16 10 Certification & Date of Operation 6 3 Commitments 3 2 Compensation of Tools of Trade 35 22 Consultative Mechanisms 8 3 Co-Invest 36 23 Dispute Settlement Procedure 12 5 Hours of Work 22 13 Industry Compliance Certificate 21 14 Industry Training 15 10 Inclement Weather 14 6 Insurances 29 18 Negotiation of a Subsequent Agreement 19 12 No extra claims 18 13 Occupational Health & Safety 13 5 Objectives 2 2 Parties & Persons Bound 4 2 Payment of Wages 26 15 Picnic Day 34 22 Plumbing Industry Calendar 32 22 Public Holidays 33 22 Protective Clothing 31 20 Relationship with Parent Award & VBIA 7 3 Right of Entry 11 4 Rostered Days Off 23 14 Scope & Application 5 3 Security of Employment 37 23 Shift Work 24 15 Shop Stewards 9 4 Superannuation 28 18 Termination of Employment & Redundancy 30 20 Title 1 2 Compensation for Tools of Trade 35 22 Union Representation 10 4 Wages & Allowances 25 17 Appendix A Wage Rates & Allowances Availability Appendix B Victorian Building Industry Site Agreement Appendix C Security of Employment Arrangements
