Damages and Other Remedies. Each party acknowledges that a breach of this clause may cause the other party irreparable damage or which monetary damages would not be an adequate remedy. Accordingly, in addition to other remedies that may be available, each party may seek and obtain injunctive relief against such a breach or threatened breach.
Damages and Other Remedies. DB Team shall have and may exercise the following remedies upon the occurrence of a GDOT Default and expiration, without cure, of the applicable cure period:
17.6.2.1 If DB Team does not terminate this Agreement, then, subject to Article 17.6.4, DB Team may treat the GDOT Default as a Compensation Event on the terms and conditions set forth in Article 13.2 and GDOT shall pay the full Compensation Amount and interest in accordance with Articles 13.2.6 and 13.2.7;
17.6.2.2 If the GDOT Default is a failure to pay when due any undisputed portion of a progress payment owing under a Supplemental Agreement and GDOT fails to cure such GDOT Default within thirty (30) days after receiving from DB Team written notice thereof, DB Team shall be entitled to suspend the Work under the Supplemental Agreement until the default is cured; and
17.6.2.3 Subject to Articles 17.6.4 and 19.9, DB Team also shall be entitled to exercise any other remedies available under this Agreement or at Law or in equity, including offset rights to the extent and only to the extent available under Article 17.6.3. Subject to Articles 17.6.4 and 19.9, each right and remedy of DB Team hereunder shall be cumulative and shall be in addition to every other right or remedy provided herein or now or hereafter existing at Law or in equity or by statute or otherwise, and the exercise or beginning of the exercise by DB Team of any one or more of any of such rights or remedies shall not preclude the simultaneous or later exercise by DB Team of any or all other such rights or remedies.
Damages and Other Remedies. In addition to any other remedy set forth in this Article 6, the Company, without submitting the issue of damages to arbitration, may institute, in any court of competent jurisdiction, an action against the Union for damages suffered by the Company as a result of a violation of this Article 6. The remedies set forth in this Article 6 are not exclusive and the Company may pursue whatever other remedies are available to it at law or equity.
ARTICLE 7: NOTICES
7.01 Any notice required by this Agreement to be given by one party to the other shall be sent by certified or registered mail to: Or AFSCME Council 5
7.02 The notices shall be effective upon receipt.
ARTICLE 8: CLASSIFICATION OF BARGAINING UNIT EMPLOYEES
8.01: The category of full-time employees shall include persons hired by the Employer to work B, C, D, or F work week schedules as noted in Attachment A of this Agreement, who have completed the required probationary period.
8.02: Part-time employees shall include persons hired by the Employer to work E work week schedules as noted in Attachment A of this Agreement, who have completed the required probationary period. The mere fact that a part-time employee may on occasion be scheduled for more than forty (40) hours per week shall not result in that person being reclassified as a full-time employee.
8.03: On Call employees are not regularly scheduled employees. On-call employees shall be offered shifts based on their seniority within the on-call pool. The On-call list will be limited to a maximum of twenty (20) employees. On-call employees must work twelve (12) hours every pay period in order to remain on the on-call list. Training does not count toward the 12 (twelve) hours requirement. Any failure to meet the minimum requirement shall result in termination of employment.
8.04: Due to the 24/7 care required for the Company participants, there are varying work schedules and shifts to accommodate the use of both part-time and full-time employees. Attachment A to this Agreement contains the unit work schedules which comply with mandated care requirements and allows for the flow and continuity of communication between staff.
8.05: Under state and federal laws, the Employer must meet participant needs under the participants’ Coordinated Service and Support Plan (CSSP) to provide required care. The Employer shall retain the right to transfer employees between worksites, to provide such required care. No change to hours of work or work schedules shall be m...
Damages and Other Remedies. 2.1 Subject to Section 18.4.3, Developer shall have and may exercise the following remedies upon the occurrence of a Department Default and expiration, without cure, of the applicable cure period:
1. If Developer does not terminate this Agreement, Developer may submit a Claim for Extra Work Costs, Delay Costs, time extensions and other compensation permitted under Article 9; and
2. Developer may exercise any other rights and remedies available under this Agreement or available at Law.
Damages and Other Remedies. You acknowledge that a breach of this Agreement by You may cause the Bookmaker or its Related Bodies Corporate irreparable damage for which monetary damages would not be an adequate remedy. Accordingly, in addition to other remedies that may be available, the Bookmaker or its Related Bodies Corporate may seek and obtain injunctive relief against such a breach or threatened breach.
Damages and Other Remedies. In the event that any Restricted Party breaches any provision hereof, the Restricted Parties shall be liable to the applicable Protected Party for all losses and damages suffered by such Protected Party as a result thereof and any other right or remedy which such Protected Party may have at law or in equity; provided, however, the Protected Parties shall not be entitled to reimbursement for consequential, indirect, incidental, special or punitive damages.
Damages and Other Remedies. In the event that any Restricted Person breaches any provision hereof, the Restricted Persons shall be jointly and severally liable to the Protected Persons for all losses and damages suffered by any Protected Person as a result thereof and other right or remedy which any Protected Person may have at law or in equity.
Damages and Other Remedies. Developer shall have and may exercise the following remedies upon the occurrence of an IFA Default and expiration, without cure, of the applicable cure period.
19.4.2.1 If Developer does not terminate this Agreement, then, subject to Section 19.4.4, Developer may treat the IFA Default as a Relief Event on the terms and conditions set forth in Article 15;
19.4.2.2 If the IFA Default is a failure to pay when due any undisputed portion of the Milestone Payment Amount under Section 10.1 or any undisputed portion of a progress payment owing under a Change Order and IFA fails to cure such IFA Default within 90 days after receiving from Developer written Notice thereof, Developer shall be entitled to suspend Design Work and Construction Work, subject to the following terms and conditions:
a. Developer shall be responsible for safely securing and monitoring the Site and all materials and equipment;
b. Developer shall continue to provide traffic management in accordance with the Transportation Management Plan and Temporary Traffic Control Plan;
c. The right to suspend Work does not include the right to suspend or cancel Insurance Policies or any Payment Bond and Performance Security; and
d. The suspension of Work shall cease, and Developer shall resume performance of the Work, within ten days after the default is cured.
Damages and Other Remedies.
(a) In addition to any other remedy set forth in this Article 3, the Company or the Union, without submitting the issue of damages to arbitration, may institute, in any court of competent jurisdiction, an action against the Union or the Company, respectively, for damages suffered by the plaintiff in such action as a result of a violation of this Article 3. The remedies set forth in this Article 3 are not exclusive, and the Company or the Union may pursue whatever other remedies are available to them at law or equity.
(b) In the event of any violation of Section 3.2 or 3.4 of this Article, it shall be the duty and obligation of the Union, its officers, agents, and representatives (employee representatives, bargaining unit employees, or otherwise) and/or the Company, its officers or representatives, to immediately take all reasonable steps required to bring about an end to such misconduct.
(c) Neither the violation of any provision of this Agreement nor the commission of any act constituting an unfair labor practice or otherwise made unlawful, nor the fact that a particular grievance or dispute is not subject to arbitration under the provisions of this Agreement shall excuse the Union and its officers, agents, representatives, employee representatives, and members; and the bargaining unit employees; or the Company and its officers, agents, and representatives from their obligations under this Article.
(d) The Company or the Union shall be only liable for any acts or omissions or conduct or misconduct of any employee to the extent allowed under applicable law.
Damages and Other Remedies. Developer shall have and may exercise the following remedies upon the occurrence of an IFA Default and expiration, without cure, of the applicable cure period.
19.4.2.1 If Developer does not terminate this Agreement, then, subject to Section 19.4.4, Developer may treat the IFA Default as a Relief Event on the terms and conditions set forth in Article 15;
19.4.2.2 If the IFA Default is a failure to pay when due any undisputed portion of the Milestone Payment Amount under Section 10.1 or any undisputed portion of a progress payment owing under a Change Order and IFA fails to cure such IFA Default within forty-five (45) days after receiving from Developer Notice thereof, Developer shall be entitled to suspend Design Work and Construction Work and O&M During Construction, subject to the following terms and conditions:
a. Developer shall be responsible for safely securing and monitoring the Site and all materials and equipment;
b. Developer shall continue to provide traffic management in accordance with the Transportation Management Plan and Temporary Traffic Control Plan;
c. The right to suspend Work does not include the right to suspend or cancel Insurance Policies or any Payment Bond and Performance Security;
d. The suspension of Work shall cease, and Developer shall resume performance of the Work, within ten (10) days after the default is cured; and
e. Promptly after IFA receives the Developer Notice described in this Section 19.4.2.2, IFA and Developer shall coordinate to effect a smooth, uninterrupted transition of the O&M During Construction from Developer and its Contractors to IFA or its designated contractor. The Parties shall carry out the relevant provisions of the transition plan required under Technical Provisions Section 18.1.5 for the orderly transition of O&M During Construction to IFA. IFA shall use diligent efforts to complete such transition and assume performance of the O&M During Construction not later than 30 days after receipt of such written notice.
