Disadvantaged Business Enterprise To the extent authorized by applicable federal laws, regulations, or requirements, the Recipient agrees to facilitate, and assures that each Third Party Participant will facilitate, participation by small business concerns owned and controlled by socially and economically disadvantaged individuals, also referred to as “Disadvantaged Business Enterprises” (DBEs), in the Underlying Agreement as follows:
Disadvantaged Business Enterprises In connection with the performance of this Agreement, the Municipality/Sponsor shall cause its contractors to cooperate with the State in meeting its commitments and goals with regard to the utilization of Disadvantaged Business Enterprises (DBEs) and will use its best efforts to ensure that DBEs will have opportunity to compete for subcontract work under this Agreement. Also, in this connection the Municipality or Municipality/Sponsor shall cause its contractors to undertake such actions as may be necessary to comply with 49 CFR Part 26. As a sub-recipient under 49 CFR Part 26.13, the Municipality/Sponsor hereby makes the following assurance. The Municipality/Sponsor shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any United States Department of Transportation (USDOT)-assisted contract or in the administration of its Disadvantaged Business Enterprise (DBE) program or the requirements of 49 CFR Part 26. The Municipality/Sponsor shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of the United States Department of Transportation-assisted contracts. The New York State Department of Transportation’s DBE program, as required by 49 CFR Part 26 and as approved by the United States Department of Transportation, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
DISADVANTAGED BUSINESS ENTERPRISE OR HISTORICALLY UNDERUTILIZED BUSINESS REQUIREMENTS The Engineer agrees to comply with the requirements set forth in Attachment H, Disadvantaged Business Enterprise or Historically Underutilized Business Subcontracting Plan Requirements with an assigned goal or a zero goal, as determined by the State.
Historically Underutilized Businesses (“HUBs”). In accordance with state law, it is TFC’s policy to assist HUBs whenever possible to participate in providing goods and services to the agency. TFC encourages those parties with whom it contracts for the provision of goods and services to adhere to this same philosophy in selecting subcontractors to assist in fulfilling PSP’s obligations with TFC. If PSP subcontracts with others for some or all of the services to be performed under an Assignment to this Agreement, PSP shall comply with all HUB requirements pursuant to Chapter 2161 of the Texas Government Code. At or prior to the execution of an Assignment with a value that is anticipated to meet or exceed One Hundred Thousand and No/100 Dollars ($100,000.00), PSP must provide a completed HUB Subcontracting Plan, which shall be approved by TFC prior to execution of the Assignment. A copy of the HUB Subcontracting Form is attached hereto and incorporated herein for all purposes as Exhibit G. PSP shall provide the HUB Program of TFC with pertinent details of any participation by a HUB in fulfilling the duties and obligations arising under an Assignment, on the HUB Subcontracting Plan Progress Assessment Report (“PAR”). A copy of the PAR Form is attached hereto and incorporated herein for all purposes as Exhibit H.
No Disadvantage No employee shall suffer a reduction in pay as a result of the making of this Agreement. The components used to determine if any financial disadvantage has occurred are wage rates, productivity allowance and excess fares and travel time only. Site allowance, superannuation, redundancy and top-up/24 hour employee insurance contributions will not form part of an employee’s income. Further, this assessment will be based on an ordinary 36-hour working week and no overtime shall be taken into account.
Industry Classification Groups For purposes of this Agreement, the Borrower shall assign each Portfolio Investment to an Industry Classification Group. To the extent that any Portfolio Investment is not correlated with the risks of other Portfolio Investments in an Industry Classification Group, such Portfolio Investment may be assigned by the Borrower to an Industry Classification Group that is more closely correlated to such Portfolio Investment. In the absence of any correlation, the Borrower shall be permitted, upon prior notice to the Administrative Agent and each Lender, to create up to three additional industry classification groups for purposes of this Agreement.
SKILLED TRADES Note: The provisions of the Collective Agreement shall apply to the skilled trades except as altered by the provisions of this Article.
30.01 Skilled trade classifications for the purpose of this Collective Agreement will be as follows:
30.02 Seniority shall be by skilled trade classification, that is classifications will be non-interchangeable.
30.03 Employees entering a skilled trade classification shall have a seniority date as of the entry into such classification (including the apprenticeship period if such period was served in the Company).
30.04 A non-skilled trades (i.e. production) employee will not exercise his or her seniority rights in any skilled trade classification, nor will any skilled trades employee exercise seniority in any production classification after the date of ratification except as set forth in Article 31.07(d).
30.05 In the event that a skilled trades employee (i.e. apprentice or journeyman) is unable to perform his or her job as defined in Article 18, the provisions of Article 18 will apply. In no event will these provisions contravene the Human Rights Code.
30.06 The term 'journeyman' as used in this Article shall mean any person:
(a) Who presently is in a skilled trades classification; or
(b) Who has served a bona fide apprenticeship and has a certificate which substantiates his/her claim of such service; or
(c) Who has had eight (8) years of practical experience and can prove same with proper affidavits. The Company will consider the possession of a CAW/UAW journeyman/woman card as presumptive proof of qualifications.
30.07 In the event of a reduction in the work force of any skilled trades classification, the following procedure will apply:
(a) First, probationary journeyman within a classification shall be laid off;
(b) Second, apprentices within a classification shall be laid off based upon the first to go will be the last who entered the program;
(c) Third, if further reductions in a skilled trades classification are required, journeyman shall, in reverse order of seniority (junior employee first) in such a classification, be laid off.
(d) In the event of a layoff, skilled trades journeyperson employees will be allowed one time only to displace production employees, provided that such skilled trades journeyperson employees are originally production employees and in accordance with Article 14 of this Agreement. Skilled trades journeyperson employees must return to their skilled trades jobs as soon as they are recalled.
(e) In the event of the disqualification of an apprentice, he/she will be allowed, one time only, to displace a production employee, provided that such apprentice was originally a production employee and in accordance with Article 14 of this Agreement.
30.08 In the event that there is an increase in any skilled trade classification, recall shall be made in reverse order of seniority, commencing with journeyman then
30.09 In the event the Company acquires some advanced type of machinery or equipment that would call for special servicing by skilled trades employees, it is agreed that the skilled trades employees will be trained so that they may become familiar with the necessary repair and maintenance techniques required. In the case of initial installations of new equipment, processes, technology and warranty work, the Company will involve a minimum of one (1) skilled trades employee of each affected trade with the supplier's on-site personnel for training purposes.
30.10 (1) The Company and Union recognize the importance of the following principles:
(i) The Company recognizes the Union's desire to perform all Skilled Trades work covered under the jurisdiction of this contract except as amended below.
(ii) The Company will not use subcontracting as a method of eliminating overtime for Skilled Trade employees
(iii) The parties recognize that where the Company meets its obligations as set forth in Article 31 (including overtime opportunities), there shall be no additional responsibility on the part of the Company to pay additional overtime to any other employee. However, where it is alleged that the Company has not met its obligations under Article 31, the employee concerned and/or Union shall have the right to seek redress under the grievance procedure.
Investment Experience Holder understands that the purchase of this Warrant and its underlying securities involves substantial risk. Holder has experience as an investor in securities of companies in the development stage and acknowledges that Holder can bear the economic risk of such Holder’s investment in this Warrant and its underlying securities and has such knowledge and experience in financial or business matters that Holder is capable of evaluating the merits and risks of its investment in this Warrant and its underlying securities and/or has a preexisting personal or business relationship with the Company and certain of its officers, directors or controlling persons of a nature and duration that enables Holder to be aware of the character, business acumen and financial circumstances of such persons.
Employability Executive acknowledges (i) that Executive has sufficient abilities and talents to be able to obtain, upon the termination of Executive’s employment, comparable employment from another business while fully honoring and complying with the above covenants concerning confidential information and contacts with the Company’s or any of its Affiliates’ customers or employees, and (ii) the importance to the Company and its Affiliates of the above covenants. Accordingly, for a period of one (1) year following the termination of Executive’s employment with the Company and upon the Company’s reasonable request of Executive, Executive shall advise the Company of the identity of Executive’s new employer and shall provide a general description, in reasonable detail, of Executive’s new duties and responsibilities sufficient to inform the Company of its need to request a court order to enforce the above covenants.
Workforce A. The Contractor shall employ only orderly and competent workers, skilled in the performance of the services which they will perform under the Contract.
B. The Contractor, its employees, subcontractors, and subcontractor's employees may not while engaged in participating or responding to a solicitation or while in the course and scope of delivering goods or services under a City of Xxxxxx contract or on the City's property .
i. use or possess a firearm, including a concealed handgun that is licensed under state law, except as required by the terms of the contract; or
ii. use or possess alcoholic or other intoxicating beverages, illegal drugs or controlled substances, nor may such workers be intoxicated, or under the influence of alcohol or drugs, on the job.
C. If the City or the City's representative notifies the Contractor that any worker is incompetent, disorderly or disobedient, has knowingly or repeatedly violated safety regulations, has possessed any firearms, or has possessed or was under the influence of alcohol or drugs on the job, the Contractor shall immediately remove such worker from Contract services, and may not employ such worker again on Contract services without the City's prior written consent.