Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11
NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE
INDEMNIFICATION AND PAYMENT OF DAMAGES BY BUYER Buyer will indemnify and hold harmless Sellers, and will pay to Sellers the amount of any Damages arising, directly or indirectly, from or in connection with (a) any Breach of any representation or warranty made by Buyer in this Agreement or in any certificate delivered by Buyer pursuant to this Agreement, (b) any Breach by Buyer of any covenant or obligation of Buyer in this Agreement, or (c) any claim by any Person for brokerage or finder's fees or commissions or similar payments based upon any agreement or understanding alleged to have been made by such Person with Buyer (or any Person acting on its behalf) in connection with any of the Contemplated Transactions.
Outages and Interruptions Outages.
WAGES AND CLASSIFICATIONS 16.1 Job classification and the rates of pay applicable thereto for the duration of this Agreement shall be set out in Schedule "A" of this Agreement, attached hereto, and forming part thereof.
16.2 An employee within the bargaining unit temporarily doing the work of a higher paid classification shall receive after a one (1) day period, the higher rate applicable to such classification, and retroactively to the first day. When such an employee is returned to his/her previous position, the wages paid for the lower position will again apply. An employee temporarily transferred by reason of emergency to a lower paid classification, will receive the hourly rate of pay applicable to the job from which he/she was transferred, while employed in such lower paid classification during such emergency.
16.3 An employee who has terminated shall receive his/her wages not later than the next scheduled payroll after termination of employment. An employee who voluntarily leaves the employ of the Corporation shall receive the wages to which he/she is entitled at the regular payday following the date he/she leaves the employ of the Corporation.
16.4 All employees who have not received Step 7 of their classification will be eligible for a one step merit increase annually in accordance with Appendix
A. In January, the Manager of Human Resources will prepare a list of employees to receive merit increases along with changes in their classification prior to February 1st, for approval by the President & CEO. Merit increases will become effective on the following Monday based on the Criteria for Classifications as listed in Appendix A.
16.5 Promotion from Step 1 to Step 2 in the Wage Schedule shall be automatic at the end of the probationary period.
16.6 The position of Subforeperson will be filled as Management determines the need and promotion to this position will take place at time of appointment.
16.7 Any employee being transferred on a temporary basis to a monthly schedule shall work the hours of the monthly schedule (i.e., shift schedule). His/her pay will be calculated on a weekly basis forty (40) hours.
16.8 An employee, who cannot perform his/her regular duties because of age, sickness or accident, will be given a position provided such a vacancy exists, and that he/she is capable of fulfilling it.
16.9 An employee transferred under Article 15 to a lower paid classification will be paid at the wage rate applicable to the classification, commencing at the date of transfer.
INDEMNIFICATION AND PAYMENT OF DAMAGES BY SELLERS Sellers, jointly and severally, will indemnify and hold harmless Buyer, the Company, and their respective representatives, stockholders, controlling persons, and affiliates (collectively, the "Indemnified Persons") for, and will pay to the Indemnified Persons the amount of, any loss, liability, claim, damage (including incidental and consequential damages), expense (including costs of investigation and defense and reasonable attorneys' fees) or diminution of value, whether or not involving a third-party claim (collectively, "Damages"), arising, directly or indirectly, from or in connection with:
(a) any and all loss, liability or damage suffered or incurred by Buyer in respect of any debt, obligation or liability of the Company or of Seller not disclosed in this Agreement, any of the Exhibits attached hereto, or in writing to Buyer prior to the Closing Date;
(b) any breach of any representation or warranty made by Sellers in this Agreement, the Exhibits attached hereto, or any other certificate or document delivered by Sellers pursuant to this Agreement;
(c) any breach of any representation or warranty made by Sellers in this Agreement as if such representation or warranty were made on and as of the Closing Date;
(d) any Breach by either Seller of any covenant or obligation of such Seller in this Agreement;
(e) any claim by any Person for brokerage or finder's fees or commissions or similar payments based upon any agreement or understanding alleged to have been made by any such Person with either Seller or the Company (or any person acting on their behalf) in connection with any of the transactions contemplated hereby. The remedies provided in this Section 9.2 will not be exclusive of or limit any other remedies that may be available to Buyer or the other Indemnified Persons.
Damages; Relief Termination of this Agreement shall not preclude either Party from claiming any other damages, compensation or relief that it may be entitled to upon such termination.
Damages and Withholding Notwithstanding any other remedial action by the UCRC, the Contractor shall remain liable to the UCRC for any damages sustained by the UCRC by virtue of any breach under this SCIA by the Contractor and the UCRC may withhold any payment to the Contractor for the purpose of mitigating the UCRC’s damages, until such time as the exact amount of damages due to the UCRC from the Contractor is determined. The UCRC may withhold any amount that may be due the Contractor as the UCRC deems necessary to protect the UCRC against loss.
Notifications of Outages and Maintenance In the event that a Registry Operator plans maintenance, it will provide notice to the ICANN emergency operations department, at least, twenty-‐four (24) hours ahead of that maintenance. ICANN’s emergency operations department will note planned maintenance times, and suspend Emergency Escalation services for the monitored services during the expected maintenance outage period. If Registry Operator declares an outage, as per its contractual obligations with ICANN, on services under a service level agreement and performance requirements, it will notify the ICANN emergency operations department. During that declared outage, ICANN’s emergency operations department will note and suspend emergency escalation services for the monitored services involved.
Wages and Classification Premiums Provisions under these headings shall remain unchanged and are repeated as 20.04, except to the extent that the Wage Schedule referred to in the hospital's expiring collective agreement shall be adjusted and retroactivity shall be paid in accordance with the Implementation Agreement signed.
