Definition and General Provisions Sample Clauses

Definition and General Provisions. 1. A grievance is a written complaint by an individual employee, a group of employees, or AFSCME that the University has violated a specific provision of this Agreement. 2. Only one (1) subject matter shall be covered in any one (1) grievance. A grievance shall contain a clear and concise statement of the grievance by indicating the issue involved, the relief sought, the date the incident or violation took place and the specific Section or Sections of the Agreement involved. The grievance shall be presented to the designated campus/Laboratory grievance official on a form agreeable to the parties. The grievance form shall be furnished to the employee by the Union and the form must be signed and dated by the grievant(s) and/or the grievant’s representative. 0. Xxxxx grievances are defined as, and limited to, those grievances which cover more than one (1) employee, and which involve like circumstances and facts for the grievance involved. Grievances that are group grievances must be so designated on the grievance form at Step 1, and all employees covered by the grievance must be indicated on the grievance form. 4. Alleged violations of a specific provision of this Agreement may be grieved by the Union and shall be so identified as a Union grievance on the grievance form. Such Union grievances shall be signed by the AFSCME Higher Education Division (Local 3299) Executive Director or his/her designee and shall contain all information as specified above for any other grievance. 5. Except as otherwise provided in this Agreement, an individual employee, a group of employees, the University, and AFSCME shall have the right to use the Grievance Procedure. AFSCME shall have the right to present grievances on behalf of an individual employee, on behalf of a group of employees or on behalf of itself as a Union grievance. The Union is responsible for informing an employee (including an employee named in a group grievance) that it is bringing a grievance on his/her behalf. In the event an employee wishes to withdraw from the grievance, he/she shall notify the University in writing and upon such written request shall be withdrawn. The University will promptly provide AFSCME with a copy of the employee's written request to withdraw. Xxxxxxxxx who voluntarily resign their employment with the University, unless they retire, shall have their pending grievances immediately withdrawn and will not benefit by any subsequent settlement or disposition of any individual, union, or g...
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Definition and General Provisions. An excess IRA contribution is any amount contributed in excess of the permissible contribution limits for an IRA or SEP-IRA. An excess IRA contribution may also occur as the result of rolling over a distribution, or any part of a distribution, that is ineligible for rollover. There are three ways to correct an excess IRA contribution: the "Timely Correction Method", the "Untimely Excess Method" and the "Carryover Correction Method." In order for an excess IRA contribution to be considered "corrected" under any of these three correction methods, all the requirements specified for each method must be fulfilled. The key provisions of each of these three methods are described below but due to the complexity of the requirements applicable to each method, it is recommended that you consult your tax advisor or attorney and/or review IRS Publication 590 for more guidance. Note that any excess contribution not corrected using the Timely Correction Method described below will be subject to a 6% penalty for each year the excess contribution amount remains in your IRA.
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Definition and General Provisions. The Common Areas shall be subject to the exclusive control and management of Landlord, expressly reserving to Landlord, without limitation, the right to erect, install, replace and remove improvements, including planters, fences, landscaping and freestanding buildings. Landlord reserves the right, from time to time, to construct, maintain, replace, remove and operate lighting and other facilities, equipment and signs on all of the Common Areas; to police the same; to change the area, level, location and arrangement of the parking areas and other facilities forming a part of the Common Areas; to reasonably restrict parking by Tenant and other tenants and occupants of the Commercial Center and their respective employees, agents, customers and invitees; to close temporarily all or any portion of the Common Areas for the purpose of making repairs or changes thereto or to effect construction, repairs or changes within the Commercial Center, and to discourage non-customer parking; and to establish, modify, invoke and enforce reasonable rules and regulations with respect to the Common Areas and the use to be made thereof. Tenant shall make no claim against Landlord by reasons of Landlord's failure to uniformly enforce such rules and regulations against all tenants and occupants of the Commercial Center. Tenant further agrees, after notice thereof, to abide by such rules and regulations and to use its best efforts to cause its officers, employees, agents, customers and invitees to abide thereby. Tenant is hereby given a non-exclusive and non-transferable license (in common with all others to whom Landlord has or may hereafter grant such rights) to use, during the Term, the Common Areas as they may now or at any time during the Term exist; provided, however, that if the size, location or arrangement of the Common Areas or the type of facilities at any time forming a part thereof be changed or diminished, Landlord shall have no liability to Tenant therefor. In order to establish that all or any portion of the Commercial Center is and will continue to remain private property and to prevent a dedication thereof or the accrual of any rights to the person or to the public therein, Landlord reserves the unrestricted right to close to the general public all or any portion of the Commercial Center owned, leased or controlled by Landlord to the extent and for the period necessary to prevent such dedication or accrual, and, in connection therewith, to seal off all entrances ...
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Definition and General Provisions. Ka Yuen Co-working space is hereinafter referred to as “Ka Yuen” or “we” or “us”. The member is hereinafter referred to as “the member(s)” or “you”.
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Definition and General Provisions. An excess Xxxx XXX contribution is any amount contributed in excess of the permissible contribution limits for a Xxxx XXX. An excess Xxxx XXX contribution may also occur as the result of rolling over or converting an amount from a Traditional IRA that is ineligible for rollover or conversion either because your MAGI for the year is above the limit or because the amount is a RMD. There are two ways to correct an excess Xxxx XXX contribution: the "Timely Correction Method" and the "Carryover Correction Method." A "failed conversion" as defined previously can only be corrected by means of recharacterization; not by withdrawal under any of the correction methods described here. In order for an excess Xxxx XXX contribution to be considered "corrected" under either correction method, all the requirements specified for each method must be fulfilled. The key provisions of each method are described below but due to the complexity of the requirements applicable to each method, it is recommended that you consult your tax advisor or attorney and/or review IRS Publication 590 for more guidance. Note that any excess contribution not corrected using the Timely Correction Method described below will be subject to a 6% penalty for each year the excess contribution amount remains in your Xxxx XXX. If you make regular contributions to both a Traditional IRA and a Xxxx XXX for the same taxable year that together exceed the maximum limitation, the excess amount by law, will be deemed to have been created in your Xxxx XXX.
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Definition and General Provisions. Redundancy shall be defined as the loss of employment due to NRMA Motoring and Services no longer requiring the work being performed by an employee or employees to continue. If, for any reason, NRMA Motoring and Services decides that workforce levels are excessive relative to meeting contractual and commercial obligations, and having been satisfied that opportunities for natural attrition have been exhausted, it shall explore opportunities for redundancy in consultation with the employee(s) and the Union party to this Agreement. NRMA Motoring and Services has sole discretion in respect to either voluntary or involuntary redundancy decisions. NRMA Motoring and Services will not be required to make any of the payments set out in Clause 18.6, if it offers or obtains for, the employee, alternative comparable employment. Redundancy does not apply where termination is a result of ill health in terms of the provisions of the Superannuation Fund. For the purposes of this Clause "alternative comparable employment" includes alternative employment: (i) on terms and conditions that, in total, are no less favourable than those terms and conditions which applied to the employee before the position held by the employee was made redundant by NRMA Motoring and Services; and (ii) where the alternative employment is with another employer (the New Employer), the New Employer recognises and treats the service of the employee with the NRMA Motoring and Services as service with the New Employer. Where a business is transmitted from NRMA Motoring and Services to another employer (in this Subclause called the “transmittee”) an employee who at the time of such transmission was an employee of NRMA Motoring and Services and covered by the provisions of this Agreement in that business becomes an employee of the transmittee, the provisions of this Agreement are preserved by and subject to part 11 of the Workplace Relations Act 1996. Where a transmission of business occurs, NRMA Motoring and Services will not be required to make any of the payments set out in Clause 18.6, if NRMA Motoring and Services offers or obtains for, the employee, alternative comparable employment as defined in Clause 18. In this Clause “business” includes trade, process, business or occupation and includes part of any such business. “Transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.
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Related to Definition and General Provisions

  • Definitions and General Provisions The following words and terms as hereinafter used in this Agreement shall have the following meanings unless otherwise herein provided and unless the context or use clearly indicates an other or different meaning or intent.

  • General Provisions This Assignment and Assumption shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and assigns. This Assignment and Assumption may be executed in any number of counterparts, which together shall constitute one instrument. Delivery of an executed counterpart of a signature page of this Assignment and Assumption by telecopy shall be effective as delivery of a manually executed counterpart of this Assignment and Assumption. This Assignment and Assumption shall be governed by, and construed in accordance with, the law of the State of New York.

  • Definitional Provisions For purposes of this Agreement, (i) those words, names, or terms which are specifically defined herein shall have the meaning specifically ascribed to them; (ii) wherever from the context it appears appropriate, each term stated either in the singular or plural shall include the singular and plural; (iii) wherever from the context it appears appropriate, the masculine, feminine, or neuter gender, shall each include the others; (iv) the words “hereof”, “herein”, “hereunder”, and words of similar import, when used in this Agreement, shall refer to this Agreement as a whole, and not to any particular provision of this Agreement; (v) all references to “Dollars” or “$” shall be construed as being United States Dollars; (vi) the term “including” is not limiting and means “including without limitation”; and, (vii) all references to all statutes, statutory provisions, regulations, or similar administrative provisions shall be construed as a reference to such statute, statutory provision, regulation, or similar administrative provision as in force at the date of this Agreement and as may be subsequently amended.

  • Certain General Provisions 30 5.1. Closing Fee..........................................................................30 5.2. Agent's Fee..........................................................................30 5.3.

  • Other Definitional Provisions and Rules of Construction A. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.

  • GENERAL PROVISIONS AND RECITALS 12 1. The parties agree that the terms used, but not otherwise defined below in Paragraph B, shall 13 have the same meaning given to such terms under the Health Insurance Portability and Accountability Act 14 of 1996, Public Law 104-191 (“HIPAA”), the Health Information Technology for Economic and Clinical 15 Health Act, Public Law 111-005 (“the HITECH Act”), and their implementing regulations at 45 CFR Parts 16 160 and 164 (“the HIPAA regulations”) as they may exist now or be hereafter amended. 17 2. The parties agree that a business associate relationship under HIPAA, the HITECH Act, and 18 the HIPAA regulations between CONTRACTOR and COUNTY arises to the extent that CONTRACTOR 19 performs, or delegates to subcontractors to perform, functionsor activities on behalf of COUNTY pursuant 20 to, and as set forth in, the Contract that are described in the definition of “Business Associate” in 45 CFR 21 § 160.103. 22 3. COUNTY wishes to disclose to CONTRACTOR certain information pursuant to the terms of 23 the Contract, some of which may constitute Protected Health Information (“PHI”), as defined below in 24 Subparagraph B.10, to be used or disclosed in the course of providing services and activities pursuant to, 25 and as set forth, in the Contract. 26 4. The parties intend to protect the privacy and provide for the security of PHI that may be 27 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract in compliance with 28 the applicable standards, implementation specifications, and requirements of HIPAA, the HITECH Act, 29 and the HIPAA regulations as they may exist now or be hereafter amended. 30 5. The parties understand and acknowledge that HIPAA, the HITECH Act, and the HIPAA 31 regulations do not pre-empt any state statutes, rules, or regulations that are not otherwise pre-empted by 32 other Federal law(s) and impose more stringent requirements with respect to privacy of PHI. 33 6. The parties understand that the HIPAA Privacy and Security rules, as defined below in 34 Subparagraphs B.9. and B.14., apply to CONTRACTOR in the same manner as they apply to a covered 35 entity (COUNTY). XXXXXXXXXX agrees therefore to be in compliance at all times with the terms of 36 this Business Associate Contract, as it exists now or be hereafter updated with notice to CONTRACTOR, 37 and the applicable standards, implementation specifications, and requirements of the Privacy and the 1 Security rules, as they may exist now or be hereafter amended, with respect to PHI and electronic PHI 2 created, received, maintained, transmitted, used, or disclosed pursuant to the Contract.

  • Other Definitional Provisions (a) Capitalized terms used herein and not otherwise defined herein have meanings assigned to them in the Indenture, or, if not defined therein, in the Trust Agreement. (b) All terms defined in this Agreement shall have the defined meanings when used in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto unless otherwise defined therein. (c) As used in this Agreement, in any instrument governed hereby and in any certificate or other document made or delivered pursuant hereto or thereto, accounting terms not defined in this Agreement or in any such instrument, certificate or other document, and accounting terms partly defined in this Agreement or in any such instrument, certificate or other document to the extent not defined, shall have the respective meanings given to them under generally accepted accounting principles as in effect on the date of this Agreement or any such instrument, certificate or other document, as applicable. To the extent that the definitions of accounting terms in this Agreement or in any such instrument, certificate or other document are inconsistent with the meanings of such terms under generally accepted accounting principles, the definitions contained in this Agreement or in any such instrument, certificate or other document shall control. (d) The words “hereof,” “herein,” “hereunder” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not to any particular provision of this Agreement; Section, Schedule and Exhibit references contained in this Agreement are references to Sections, Schedules and Exhibits in or to this Agreement unless otherwise specified; and the term “including” shall mean “including without limitation.” (e) The definitions contained in this Agreement are applicable to the singular as well as the plural forms of such terms and to the masculine as well as to the feminine and neuter genders of such terms. (f) Any agreement, instrument or statute defined or referred to herein or in any instrument or certificate delivered in connection herewith means such agreement, instrument or statute as from time to time amended, modified or supplemented and includes (in the case of agreements or instruments) references to all attachments thereto and instruments incorporated therein; references to a Person are also to its permitted successors and assigns.

  • General Provision (a) MML Advisers hereby appoints the Subadviser, and the Subadviser hereby undertakes to act, as investment subadviser to the Portfolio to provide investment advice and to perform for the Fund such other duties and functions as are hereinafter set forth. The Subadviser shall, in all matters, give to the Fund and the Trust’s Board of Trustees, directly or through MML Advisers, the benefit of the Subadviser’s best judgment, effort, advice and recommendations and shall at all times perform its obligations in compliance with: (i) the provisions of the Act and any rules or regulations thereunder and the Internal Revenue Code of 1986, as amended, as applicable to the Fund; (ii) any other provisions of state or federal law applicable to the operation of registered investment companies; (iii) the provisions of the Agreement and Declaration of Trust and Bylaws of the Trust, as amended from time to time and provided to the Subadviser by MML Advisers (collectively referred to as the “Trust Documents”); (iv) policies and determinations of the Board of Trustees of the Trust and MML Advisers, of which the Subadviser has been notified; (v) the fundamental and non-fundamental policies and investment restrictions of the Fund as reflected in the Trust’s registration statement under the Act from time to time; and (vi) the Prospectus and Statement of Additional Information of the Fund in effect from time to time (collectively referred to as the “Disclosure Documents”). (b) The officers and employees of the Subadviser responsible for providing the services of the Subadviser hereunder shall be available upon reasonable notice for consultation with respect to the provision of such services. (c) Subadviser will comply with the applicable provisions of the Fund’s pricing procedures which it has received and, upon request, will provide reasonable assistance to the Fund’s pricing agent in valuing securities held by the Fund.

  • Initial Provisions Establishment of a Free Trade Area

  • Other General Provisions 14.2.1 This Agreement shall inure to benefit and bind the parties hereto, their successors and assigns, but neither party may assign this Agreement without written consent of the other, except that Oracle may assign without consent to a related entity or the successor of all or substantially all of the assignor’s business or assets to which this Agreement relates. There are no third-party beneficiaries to this Agreement. 14.2.2 This Agreement does not create any joint venture, partnership, agency, or employment relationship between the parties. 14.2.3 Oracle’s business partners and other third parties, including any third parties with which the Services have integrations or that are retained by Customer to provide consulting services, implementation services or applications that interact with the Services, are independent of Oracle and are not Oracle’s agents. Oracle is not liable for, bound by, or responsible for any problems with the Services or Customer Data arising due to any acts of any such business partner or third party, unless the business partner or third party is providing Services as Oracle’s subcontractor on an engagement ordered under this Agreement and, if so, then only to the same extent as Oracle would be responsible for our resources under this Agreement.

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