Employee Leasing Arrangement. The parties acknowledge that as of the date of this Agreement, the Executive is covered under an employee leasing agreement whereby the Executive is considered a co-employee of an Affiliated Employer and the leasing company. For purposes of this Agreement, the parties acknowledge that the Executive is a common law employee of the Employer and that this Agreement is not intended to provide and shall not provide change in control benefits in the event that Executive ceases only to be a co-employee of the leasing company.
Employee Leasing Arrangement. (a) As of the Closing Date and until the earlier of (X) the applicable Delayed Closing Date for each Carved Out Restaurant, (Y) the termination of the Agreement with respect to the applicable Carved Out Restaurant or (Z) Seller’s written notice of termination of Consultant’s services due to the failure of Consultant to comply with the policies and procedures of Seller, which notice will identify the breach(es) of Seller’s policies and procedures, Seller hereby leases from Buyer and Buyer leases to Seller the applicable Area Director for such Carved Out Restaurant (each a “Consultant”) to perform the Services (defined herein) as an independent contractor. For purposes of this Second Amendment, “
Employee Leasing Arrangement. 1.1. Provision of Leased Employees. ENPT shall lease to the Company the employees designated in Appendix A (hereinafter “Leased Employees” or “Leased Employee” when referred to individually) pursuant to the terms and conditions hereof. The Leased Employees shall provide services to the Company but will, at all times during the period that said services are being provided, remain the employees of ENPT. ENPT will have the sole responsibility of hiring and discharging the Leased Employees, and will determine all aspects of each Leased Employee’s remuneration, including base pay, bonus levels, entitlement to benefits and annual salary treatment and progression.
Employee Leasing Arrangement. In order to maintain certain certification standards, including, without limitation, with respect to Cisco, Hewlett Packard, Symantec, Microsoft, etc., Seller will retain certain employees necessary for such certifications. Such employees will be on Seller’s payroll but will render services to the Company and the Company will pay the costs for such employees pursuant to the terms of the Leasing Agreement.
Employee Leasing Arrangement. Prior to the Closing, Purchaser shall use its best efforts to develop the stand-alone capability to provide payroll services (“Payroll Services”) for the Business in the United States immediately following the Closing. If, after the Purchaser’s best efforts, the Purchaser is unable to develop Payroll Services in the United States fifteen (15) days prior to the Closing, the Parties will enter into an Employee Leasing Agreement in substantially the form attached hereto as Exhibit D (the “Employee Leasing Agreement”). Following the expiration of the Employee Leasing Agreement, if the Employee Leasing Agreement is entered into, Purchaser shall, or shall cause its Affiliates to, offer employment to each U.S. Business Employee in accordance with the provisions of this Section 5.10 and the Employee Leasing Agreement, with such employment to be effective as of the first day following the expiration of the Employee Leasing Agreement. If the Employee Leasing Agreement is entered into by the Parties, the term “Transferred Employees” shall be deemed to exclude the U.S. Business Employees on the Closing Date, but shall be deemed to include the U.S Business Employees on the first day following the expiration of the Employee Leasing Agreement.
Employee Leasing Arrangement. Section 5.8 Estimated Deferred Revenue Section 1.6(a) Estimated Net Working Capital Section 1.6(a) Estimated Closing Statement Section 1.6(a) Excluded Assets Section 1.2 Facility Section 3.8 Facility Lease Section 3.8 FAR Section 3.24(c)(i) Finally Determined Adjustment Amount Section 1.6(c) First Earnout Period Section 1.9(b) Fundamental Representations Section 7.1 Intellectual Property Assets Section 1.1(b) IP Assignment Section 2.2(a)(ix) ITAR Section 3.23 Most Recent Balance Sheet Date Section 3.13 Non-Competition Period Section 5.5(a) Open Government Contracts Section 3.24(a) Parent Preamble Party and Parties Preamble Post-Closing Apportioned Period Section 5.1 Pre-Closing Apportioned Period Section 5.1 Purchase Price Section 1.5(a) Purchase Price Allocation Section 1.7 Restricted Parties Section 5.3 Restricted Territory Section 5.5(a) Retained Liabilities Section 1.4 Second Earnout Period Section 1.9(c) Seller Preamble Seller Indemnitees Section 6.2 Seller Loss Section 6.2 Seller Note Section 1.5(b) Severance Costs Section 5.8 Sublease Section 2.2(a)(xi) Terminated Employees Section 5.8 Third Party Claim Section 6.3(a) Transfer Date Section 5.8 Transferred Employee Section 5.8 Transition Services Agreement Section 2.2(a)(viii) [SIGNATURE PAGE FOLLOWS]
Employee Leasing Arrangement. Seller agrees to lease to Buyer certain employees pursuant to the terms set forth in Exhibit B hereto.
