D efinition i. For the purposes of this Agreement, “Force Majeure” means an event which is beyond the reasonable control of a Party, and which makes a Party’s performance of its obligations hereunder impossible or so impractical as reasonably to be considered impossible in the circumstances, and includes, but is not limited to, war, riots, civil disorder, earthquake, fire, explosion, storm, flood or other adverse weather conditions, strikes, lockouts or other industrial action (except where such strikes, lockouts or other industrial action are within the power of the Party invoking Force Majeure to prevent), confiscation or any other action by government agencies.
D efinition. The term Force Majeure means any event or circumstance or combination of events or circumstances that affects the performance by the vendor of its obligations pursuant to the terms of this Agreement (including by preventing, hindering or delaying such performance), but only if and to the extent that such events and circumstances are not within the vendor s reasonable control and were not reasonably foreseeable and the effects of which the vendor could not have prevented or overcome by acting as a Reasonable and Prudent person or, by the exercise of reasonable skill and care. Force Majeure events and circumstances shall in any event include the following events and circumstances to the extent they or their consequences satisfy the requirements set forth above in this Clause:
(i) the effect of any element or other act of God, including any storm, flood, drought, lightning, earthquake, tidal wave, tsunami, cyclone or other natural disaster;
(ii) fire, accident, loss or breakage of facilities or equipment, structural collapse or explosion;
(iii) epidemic, plague or quarantine;
(iv) air crash, shipwreck, or train wreck;
(v) acts of war (whether declared or undeclared), sabotage, terrorism or act of public enemy (including the acts of any independent unit or individual engaged in activities in furtherance of a programme of irregular warfare), acts of belligerence of foreign enemies (whether declared or undeclared), blockades, embargoes, civil disturbance, revolution, rebellion or insurrection, exercise of military or usurped power, or any attempt at usurpation of power;
(vi) radioactive contamination or ionizing radiation;
D efinition. “Confidential Information” means any information disclosed by Food Truck Vendor to FOP Lodge #1, whether disclosed verbally, in writing, or by inspection of tangible objects, except as limited below. Confidential Information includes, but is not limited to, all Food Truck Vendor product designs, capabilities, specifications, drawings, program code, mask work designs, models, documentation, components, software (in various stages of development), test and development boards, hardware reference code and platforms, architectures, agreement terms, financial and pricing information, business and marketing plans, actual and potential customers and suppliers, information regarding the skills and compensation of employees of Food Truck Vendor. Confidential Information shall not include any information that: (a) was in FOP Lodge #1’s lawful possession prior to the disclosure and had not been obtained by FOP Lodge #1 either directly or indirectly from Food Truck Vendor; (b) is lawfully disclosed to FOP Lodge #1 by a third party without actual, implied or intended restriction on disclosure through the chain of possession; (c) is independently developed by FOP Lodge #1 without use of or access to the Confidential Information; or (d) is generally available to the public or those in Food Truck Vendor’s industry.
D efinition. Classifications covered by this Agreement are:
A. Bus Operator for bus operation, full-time.
B. Bus Operator for bus operation, part-time. It is understood and agreed that if and when any new positions are established by METRO that come within the Operations group unit and which are not covered in this section, METRO shall meet with the Union to collectively bargain on wages, hours, working conditions and other terms of employment for these positions or classifications. It is understood and agreed that if and when any new non-administrative or non- management positions are established by METRO, METRO will meet with the Union prior to establishing these positions or classifications.
D efinition. In this document, the following terms shall have following respective meanings:
D efinition. An involuntary transfer for the purposes of this article is meant to be that which requires Board action (specifically, a change in building assignment) or a grade level/subject area assignment change. An involuntary transfer will not be made for disciplinary reasons.
D efinition. “Confidential Information” means any information disclosed by a party to the other party, directly or indirectly, which, (a) if in written, graphic, machine-readable or other tangible form, is marked as “confidential” or “proprietary,” (b) if disclosed orally or by demonstration, is identified at the time of initial disclosure as confidential and is confirmed in writing to the receiving party to be “confidential” or “proprietary” within 30 days of such disclosure, (c) is specifically deemed to be confidential by the terms of this Agreement, or (d) reasonably appears to be confidential or proprietary because of the circumstances of disclosure and the nature of the information itself. Confidential Information will also include information disclosed by third parties to a disclosing party under an obligation of confidentiality, including without limitation personally identifiable information of such third parties. Except for the display of Customer Content as contemplated by this Agreement, Customer Content is deemed Confidential Information of the Customer. All Anduin software, including the Software, and Documentation are deemed Confidential Information of Anduin.
D efinition. “Confidential Information” means any information disclosed by a party to the other party, directly or indirectly, which, (a) if in written, graphic, machine-readable or other tangible form, is marked as “confidential” or “proprietary,” (b) if disclosed orally or by demonstration, is identified at the time of initial disclosure as confidential and is confirmed in writing to the receiving party to be “confidential” or “proprietary” within 30 days of such disclosure, (c) is specifically deemed to be confidential by the terms of this SaaS Agreement, or (d) reasonably appears to be confidential or proprietary because of the circumstances of disclosure and the nature of the information itself. Confidential Information will also include information disclosed by third parties to a disclosing party under an obligation of confidentiality. Subject to the display of Customer Content as contemplated by this SaaS Agreement, Customer Content is deemed Confidential Information of Customer. SailPoint software and Documentation are deemed Confidential Information of SailPoint.
D efinition. 011 A "grievance" is any alleged misinterpretation, misapplication, or violation of this Agreement.
D efinition. Layoff is defined as an involuntary separation from District service due to lack of work or a lack of funds. Layoff shall include involuntary reductions in assigned hours or work year.
