Examples of Rights Sample Clauses

Examples of Rights. Without limitation by way of illustration, the exclusive responsibilities, decision-making functions and authority connected with or in any way incidental to its responsibility to manage the affairs of KVH shall include the following: To operate, direct and manage the Hospital; to set standards of performance; to maintain order and efficiencies; to direct employees; to determine the materials and equipment to be used; to determine the kind and location of facilities; to determine whether the whole, or any part of the operation shall continue to operate for budgetary or other reasons; to select and hire employees and to determine their qualifications; to establish, revise and implement standards for hiring, classification, promotion, quality of work, safety, materials, equipment, uniforms, appearance, methods, and procedures; to hire, promote, transfer, assign and retain employees in positions, and to suspend, demote, discharge or take other disciplinary action against employees for just cause. To discharge any employee deemed incompetent based upon established job criteria. Provided, however, KVH reserves the right to discharge any employee for unsatisfactory performance based upon reasonable related established job criteria, to expect reasonable overtime work of employees; and to unilaterally implement new, revise or terminate wholly or in part, old methods, procedures, policies, rules, materials, equipment, facilities and standards.
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Examples of Rights. The Unions recognize the prerogative of the Employer to operate and manage its affairs in all respects in accordance with its responsibilities, powers and authority. Without limitation, but by way of illustration, the exclusive prerogatives, functions, and rights of the Employer shall include the following: A. To direct and supervise all operations, functions and policies of the Employer in which the employees in the bargaining unit are employed. B. To close, relocate, reorganize or combine work of an operation or facility for budgetary or other reasons, including reassignment of personnel. C. To determine the need for a reduction or an increase in the work force and to implement any such decision. D. To establish, revise and implement standards and rules for hiring, new classifications, promotion, quality of work, safety, materials, equipment, uniforms, appearance, methods and procedures. E. The right to contract out for any work or services performed by the Employer including work or services performed by covered employees under this Agreement. This right to contract or sub-contract shall not be used by the Employer for the purpose or intention of undermining the bargaining unit or to discriminate against its members. The Unions shall be advised, in writing, in advance, of any intention to contract or sub-contract, and the Unions will be allowed to review any plans to do so. The Employer will make a reasonable attempt to provide training for all classifications for any new forms of transportation or procedures for work the Employer performs in-house. The Employer will also make a reasonable attempt when possible to provide training that will allow in- house warranty repairs. F. It is jointly recognized that the Employer must retain broad authority to fulfill and implement its responsibilities and may do so by written work rules, existing or future. The Employer agrees to notify the Unions of any changes in the written rules. G. To assign shifts, workdays, hours of work, and work locations. H. To designate and to assign all work duties. I. To determine the need for and the qualifications of new employees, transfers and promotions. J. To discipline, suspend, demote, or discharge an employee only for just cause. K. In the event of emergency, to direct such special assignments and activities as circumstances may require, while respecting the contract to the extent possible.
Examples of Rights. The Board, on its own behalf and on behalf of the electors of the District, hereby retains and reserves unto itself, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitution of the State of Michigan and of the United States, including but without limiting, the generality of the foregoing, the right: 1. to the executive management and administrative control of the school system and its properties and facilities; 2. to hire all employees and, subject to the provisions of law, to determine their qualifications and the conditions for their continued employment or their dismissal or demotion; and to promote and transfer, for educational purposes only, all such employees; 3. to provide for athletic, recreational and social events for students as deemed necessary or advisable by the District; 4. to establish grades and courses of instruction, including special programs and to decide upon the means and methods of instruction, the selection of textbooks and other teaching materials and the use of teaching materials and the use of teaching aides of every kind and nature. 5. to determine class schedules, laws of instruction and duties, responsibilities and assignments of employees.
Examples of Rights a. Subject only to the express provisions of this Agreement, and irrespective of the impact upon employment, the topics reserved to the Company's sole control of the management and supervision of its business include, without limitation, the right to direct, plan, control, relocate, sell, and cease operations; to determine and redetermine the number and location of its operations, including moving the work or any of its parts to other areas and the types and amount of work to be handled at each and all of its operations; the right to determine and redetermine the work to be performed, the persons or entities to perform it, and the wages to perform it, including the discretion to study and restudy jobs and place such jobs on or remove them from incentive; the right to determine and redetermine the method, hours, location, and manner of performing necessary work; the right to hire, promote, demote, lay off, and recall employees; the right to discipline, suspend, or discharge employees for just cause; the right to assign or transfer persons in its employ to tasks as needed; the right to introduce new, improved, or otherwise changed methods or machinery, including establishment and maintenance of employee involvement groups; the right to relocate facilities and contract out work for business reasons, including labor costs and other legitimate reasons; the right to adopt and modify from time to time and to enforce through discipline reasonable site policies, rules and regulations and enforce applicable federal, state, and local statutes, rules and regulations and enforce all clauses of the commercial contract with the customer to maintain order, safety and/or efficiency of operations including, for example, those in the Company's employee handbook and also rules regarding employee drug and/or alcohol testing, security and property searches, employee attendance, and production standards; the right to determine work schedules and shifts, including group or individual shift starting and ending times, to decide the number of employees needed at any particular time, the functions to be performed, including job content, job descriptions, and job standards, and to be the sole judge of the quality and quantity of work required. b. Prior to implementing any new or changed policy relating to attendance or substance abuse, the Company will provide the Union with at least fifteen (15) days' advance notice of any new or changed policy, to provide the Union with an opportuni...
Examples of Rights. Without limitation, but by way of illustration, the exclusive prerogatives, functions, and rights of the Employer shall include the following: 3.2.1 To direct and supervise all operations, functions, and policies of the Employer in which the employees in the bargaining unit are employed. 3.2.2 To close or liquidate an office, branch, operation or facility, or combination of facilities, or to relocate, reorganize, or combine the work of division, offices, branches, operations or facilities for budgetary or other reasons. 3.2.3 To determine the need for a reduction or an increase in the work force and the implementation of any decision with regards thereof. 3.2.4 To establish, revise, and implement standards for hiring, classification, promotion, quality of work, safety, materials, equipment, uniforms, appearance, methods, and procedures. It is jointly recognized that the Employer must retain broad authority to fulfill and implement its responsibilities and may do so by oral and written work rule, existing or future. 3.2.5 To implement new, and to revise or discharge, wholly or in part, old methods, procedures, materials, equipment, facilities, and standards. 3.2.6 To assign and distribute work. 3.2.7 To assign shifts, workdays, hours of work, and work locations. 3.2.8 To determine the need for and the qualifications of new employees, transfers, and promotions. 3.2.9 To discipline, suspend, demote, or discharge an employee. 3.2.10 To determine the need for additional educational courses, training programs, on-the-job training, and cross-training, and to assign employees to such duties for periods to be determined by the Employer.

Related to Examples of Rights

  • License of Data; Warranty; Termination of Rights A. The valuation information and evaluations being provided to the Trust by USBFS pursuant hereto (collectively, the “Data”) are being licensed, not sold, to the Trust. The Trust has a limited license to use the Data only for purposes necessary to valuing the Trust’s assets and reporting to regulatory bodies (the “License”). The Trust does not have any license nor right to use the Data for purposes beyond the intentions of this Agreement including, but not limited to, resale to other users or use to create any type of historical database. The License is non-transferable and not sub-licensable. The Trust’s right to use the Data cannot be passed to or shared with any other entity. The Trust acknowledges the proprietary rights that USBFS and its suppliers have in the Data. B. THE TRUST HEREBY ACCEPTS THE DATA AS IS, WHERE IS, WITH NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OR ANY OTHER MATTER. C. USBFS may stop supplying some or all Data to the Trust if USBFS’s suppliers terminate any agreement to provide Data to USBFS. Also, USBFS may stop supplying some or all Data to the Trust if USBFS reasonably believes that the Trust is using the Data in violation of the License, or breaching its duties of confidentiality provided for hereunder, or if any of USBFS’s suppliers demand that the Data be withheld from the Trust. USBFS will provide notice to the Trust of any termination of provision of Data as soon as reasonably possible.

  • Amendment of Terms of Rights The terms of the Rights and the Rights Agreement may be amended in any respect without the consent of the Rights holders on or prior to the Distribution Date; thereafter, the terms of the Rights and the Rights Agreement may be amended without the consent of the Rights holders in order to cure any ambiguities or to make changes which do not adversely affect the interests of Rights holders (other than the Acquiring Person).

  • Duration of Rights If an Exchange Event does not occur within the time period set forth in the Company’s Amended and Restated Memorandum and Articles of Association, as the same may be amended from time to time, the Rights shall expire and shall be worthless.

  • Exclusion of Rights of Third Parties Nothing in these terms and conditions shall confer on any third party a right to enforce any provision herein and the provisions of the Contracts (Rights of Third Parties) Act (Chapter 53B) which might otherwise be interpreted to confer such rights shall not apply and are expressly excluded from applying herein and no consent of any third party is required for any variation (including any release or compromise of any liability) or termination of these terms and conditions.

  • Retention of Rights 36.1 Clauses 5.2(b),6,7,8,9,11,12, 13, 14, 15 16, 22, 23, 35.1, 37 and 38 of this Section 2 and any relevant clauses listed under Section 4 shall continue in force following the termination of this Contract.

  • Lapse of Rights If the Depositary is unable to make any rights available to Holders upon the terms described in Section 4.4(a) hereof or to arrange for the sale of the rights upon the terms described in Section 4.4(b) hereof, the Depositary shall allow such rights to lapse. The Depositary shall not be responsible for (i) any failure to determine that it may be lawful or practicable to make such rights available to Holders in general or any Holders in particular, (ii) any foreign exchange exposure or loss incurred in connection with such sale or exercise or (iii) the content of any materials forwarded to the Holders on behalf of the Company in connection with the rights distribution. Notwithstanding anything to the contrary in this Section 4.4, if registration (under the Securities Act or any other applicable law) of the rights or the securities to which any rights relate may be required in order for the Company to offer such rights or such securities to Holders and to sell the securities represented by such rights, the Depositary will not distribute such rights to the Holders (i) unless and until a registration statement under the Securities Act covering such offering is in effect or (ii) unless the Company furnishes at its expense the Depositary with opinion(s) of counsel for the Company in the United States and counsel to the Company in any other applicable country in which rights would be distributed, in each case satisfactory to the Depositary, to the effect that the offering and sale of such securities to Holders and Beneficial Owners are exempt from, or do not require registration under, the provisions of the Securities Act or any other applicable laws. In the event that the Company, the Depositary or the Custodian shall be required to withhold and does withhold from any distribution of property (including rights) an amount on account of taxes and/or other governmental charges, the amount distributed to the Holders shall be reduced accordingly. In the event that the Depositary determines that any distribution in property (including Shares and rights to subscribe therefor) is subject to any tax or other governmental charges which the Depositary is obligated to withhold, the Depositary may dispose of all or a portion of such property (including Shares and rights to subscribe therefor) in such amounts and in such manner, including by public or private sale, as the Depositary deems necessary and practicable to pay any such taxes and/or charges. There can be no assurance that Holders generally, or any Holder in particular, will be given the opportunity to exercise rights on the same terms and conditions as the holders of Shares or be able to exercise such rights. Nothing herein shall obligate the Company to file any registration statement in respect of any rights or Shares or other securities to be acquired upon the exercise of such rights or otherwise to register or qualify the offer or sale of such rights or securities under the applicable law of any other jurisdiction for any purpose.

  • Exercise of Rights; Separation of Rights (a) Subject to Sections 3.1, 5.1 and 5.10 and subject to adjustment as herein set forth, each Right will entitle the holder thereof, after the Separation Time and prior to the Expiration Time, to purchase, for the Exercise Price, one ten-thousandth (1/10,000th) of a share of Preferred Stock. (b) Until the Separation Time, (i) no Right may be exercised and (ii) each Right will be evidenced by the certificate that evidences the share of Common Stock with which it is associated (together, in the case of certificates issued prior to the Record Time, with the letter or notice mailed to the record holder thereof pursuant to Section 2.1) and will be transferable only together with, and will be transferred by a transfer (whether with or without such letter or notice) of, such associated share of Common Stock, and the surrender for transfer of any certificates representing outstanding Common Stock will also constitute the surrender for transfer of the Rights associated with the Common Stock represented by such certificate. (c) Subject to this Section 2.3 and to Sections 3.1, 5.1 and 5.10, after the Separation Time and prior to the Expiration Time, the Rights (i) may be exercised and (ii) may be transferred independently of shares of Common Stock. Promptly following the Separation Time, the Rights Agent will mail to each holder of record of Common Stock as of the Separation Time (other than any Person whose Rights have become void pursuant to Section 3.1(b)), at such holder's address as shown by the records of the Company (the Company hereby agreeing to furnish copies of such records to the Rights Agent for this purpose), (x) a certificate (a "Rights Certificate") in substantially the form of Exhibit A hereto appropriately completed, representing the number of Rights held by such holder at the Separation Time and having such marks of identification or designation and such legends, summaries or endorsements printed thereon as the Company may deem appropriate and as are not inconsistent with the provisions of this Agreement, or as may be required to comply with any law or with any rule or regulation made pursuant thereto or with any rule or regulation of any national securities exchange or quotation system on which the Rights may from time to time be listed or traded, or to conform to usage, and (y) a disclosure statement describing the Rights. (d) Subject to Sections 3.1, 5.1 and 5.10, Rights may be exercised on any Business Day after the Separation Time and prior to the Expiration Time by submitting to the Rights Agent the Rights Certificate evidencing such Rights with an Election to Exercise (an "Election to Exercise") substantially in the form attached to the Rights Certificate, duly completed, accompanied by payment by certified or official bank check or money order payable to the order of the Company, of a sum equal to the Exercise Price multiplied by the number of Rights being exercised and a sum sufficient to cover any transfer tax or charge that may be payable in respect of any transfer involved in the transfer or delivery of Rights Certificates or the issuance or delivery of certificates for shares or depositary receipts (or both) in a name other than that of the holder of the Rights being exercised. (e) Upon receipt of a Rights Certificate, with an Election to Exercise accompanied by payment as set forth in Section 2.3(d), and subject to Sections 3.1, 5.1 and 5.10, the Rights Agent promptly will (i)(A) requisition from the Company's transfer agent(s) stock certificates evidencing such number of shares or other securities to be purchased (the Company hereby irrevocably authorizing its transfer agents to comply with all such requisitions) and (B) if the Company elects pursuant to Section 5.5 not to issue certificates representing fractional shares, requisition from the depositary selected by the Company depositary receipts representing the fractional shares to be purchased or requisition from the Company the amount of cash to be paid in lieu of fractional shares in accordance with Section 5.5 and (ii) after receipt of such certificates, depositary receipts and/or cash, deliver the same to or upon the order of the registered holder of such Rights Certificate, registered (in the case of certificates or depositary receipts) in such name or names as may be designated by such holder. In the event that the Company elects pursuant to Section 3.1(e) to issue other securities and/or assets of the Company upon exercise of the Rights, the Company will make all arrangements necessary so that such other securities and/or assets of the Company are available for distribution by the Rights Agent, if and when appropriate. (f) In case the holder of any Rights shall exercise less than all the Rights evidenced by such holder's Rights Certificate, a new Rights Certificate evidencing the Rights remaining unexercised will be issued by the Rights Agent to such holder or to such holder's duly authorized assigns. (g) The Company covenants and agrees that it will (i) take all such action as may be necessary to ensure that all shares delivered upon exercise of Rights shall, at the time of delivery of the certificates for such shares (subject to payment of the Exercise Price), be duly and validly authorized, executed, issued and delivered and fully paid and nonassessable; (ii) take all such action as may be necessary to comply with any applicable requirements of the Securities Act of 1933, as amended, or the Securities Exchange Act, and the rules and regulations thereunder, and any other applicable law, rule or regulation, in connection with the issuance of any shares upon exercise of Rights; and (iii) pay when due and payable any and all federal and state transfer taxes and charges that may be payable in respect of the original issuance or delivery of the Rights Certificates or of any shares issued upon the exercise of Rights, provided that the Company shall not be required to pay any transfer tax or charge that may be payable in respect of any transfer involved in the transfer or delivery of Rights Certificates or the issuance or delivery of certificates for shares in a name other than that of the holder of the Rights being transferred or exercised.

  • STATEMENT OF RIGHTS 4.1. The State of Vermont reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. The Contractor may be asked to give a verbal presentation of its proposal after submission. Failure of Contractor to respond to a request for additional information or clarification could result in rejection of the Contractor’s proposal. To secure a project that is deemed to be in the best interest of the State, the State reserves the right to accept or reject any and all bids, in whole or in part, with or without cause, and to waive technicalities in submissions. The State also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the State.

  • Termination of Rights The right of first refusal granted the --------------------- Company by Section 3(b) above and the option to repurchase the Shares in the event of an involuntary transfer granted the Company by Section 3(c) above shall terminate upon the first sale of Common Stock of the Company to the general public pursuant to a registration statement filed with and declared effective by the Securities and Exchange Commission under the Securities Act. Upon termination of the right of first refusal described in Section 3(b) and the expiration or exercise of the Repurchase Option, a new certificate or certificates representing the Shares not repurchased shall be issued, on request, without the legend referred to in Section 6(a)(ii) below and delivered to Purchaser.

  • Data Rights User retains all rights over any data and other information that User may provide, upload, transfer or make available in relation to, or which is collected from User’s devices or equipment by, the Software, including, without limitation, information pertaining to how the Software obtains, uses, and respond to inputs, location, ambient conditions, and other information related to use and operation of the Software with Honeywell or third-party products, software or websites (“Usage Data”). Honeywell has the right to retain, transfer, disclose, duplicate, analyze, modify, and otherwise use Usage Data to protect, improve, or develop its products, services, and related offerings. All information, analysis, insights, inventions, and algorithms derived from Usage Data by Honeywell (but excluding the Usage Data itself) and any intellectual property rights obtained related thereto, are owned exclusively and solely by Xxxxxxxxx.

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