Restrictive Covenant The Employer and the Executive have jointly reviewed the tenant lists, property submittals, logs, broker lists, and operations of the Employer, and have agreed that as an essential ingredient of and in consideration of this Agreement and the payment of the amounts described in Sections 3 and 4 hereof, the Executive hereby agrees that, except with the express prior written consent of the Employer, for a period equal to the lesser of the number of FULL months the Executive has at any time been employed by the Employer or twenty-four (24) months after the termination of the Executive's employment with the Employer (the "Restrictive Period"), he will not directly or indirectly compete with the business of the Employer, including, but not by way of limitation, by directly or indirectly owning, managing, operating, controlling, financing, or by directly or indirectly serving as an employee, officer or director of or consultant to, or by soliciting or inducing, or attempting to solicit or induce, any employee or agent of Employer to terminate employment with Employer and become employed by any person, firm, partnership, corporation, trust or other entity which owns or operates a business similar to that of the Employer (the "Restrictive Covenant"). For purposes of this subparagraph (a), a business shall be considered "similar" to that of the Employer if it is engaged in the acquisition, development, ownership, operation, management or leasing of suburban office property (i) in any geographic market or submarket in which the Employer owns more than 750,000 s.f. of properties either as of the date hereof or as of the date of termination of the Executive's employment. If the Executive violates the Restrictive Covenant and the Employer brings legal action for injunctive or other relief, the Employer shall not, as a result of the time involved in obtaining such relief, be deprived of the benefit of the FULL period of the Restrictive Covenant. Accordingly, the Restrictive Covenant shall be deemed to have the duration specified in this paragraph (a) computed from the date the relief is granted but reduced by the time between the period when the Restrictive Period began to run and the date of the first violation of the Restrictive Covenant by the Executive. In the event that a successor of the Employer assumes and agrees to perform this Agreement or otherwise acquires the Employer, this Restrictive Covenant shall continue to apply only to the primary service area of the Employer as it existed immediately before such assumption or acquisition and shall not apply to any of the successor's other offices or markets. The foregoing Restrictive Covenant shall not prohibit the Executive from owning, directly or indirectly, capital stock or similar securities which are listed on a securities exchange or quoted on the National Association of Securities Dealers Automated Quotation System which do not represent more than five percent (5%) of the outstanding capital stock of any corporation.
TENANCIES AND RESTRICTIVE COVENANTS The Property is believed to be and shall be taken to be correctly described and is sold subject to all express conditions, restrictions-in-interest, caveats, leases, tenancies, easements, liabilities, encumbrances and rights, if any, subsisting thereon or thereover without the obligation to define the same respectively and the Purchaser is deemed to have full knowledge thereof.
Restrictive Covenants The Indenture imposes certain limitations on the ability of the Company and its Restricted Subsidiaries to, among other things, incur additional Indebtedness, make payments in respect of its Capital Stock or certain Indebtedness, enter into transactions with Affiliates, create dividend or other payment restrictions affecting Subsidiaries, merge or consolidate with any other Person, sell, assign, transfer, lease, convey or otherwise dispose of all or substantially all of its assets or adopt a plan of liquidation. Such limitations are subject to a number of important qualifications and exceptions. The Company must annually report to the Trustee on compliance with such limitations.
Recordation of Agreement This Agreement (or an abstract hereof, if acceptable to the applicable recording office) is subject to recordation in all appropriate public offices for real property records in all the towns or other comparable jurisdictions in which any or all of the Mortgaged Properties are situated, and in any other appropriate public office or elsewhere, such recordation to be effected by the Master Servicer and at its expense on direction by the Trustee, but only upon direction accompanied by an Opinion of Counsel to the effect that such recordation materially and beneficially affects the interests of the Certificateholders. For the purpose of facilitating the recordation of this Agreement as herein provided and for other purposes, this Agreement may be executed simultaneously in any number of counterparts, each of which counterparts shall be deemed to be an original, and such counterparts shall constitute but one and the same instrument.
DURATION AND RENEWAL OF AGREEMENT (a) The term of this Agreement shall be from April 1, 2010 to March 31, 2012 and thereafter from year to year unless or until either party gives notice in writing to bargain during the three (3) month period preceding the date of its termination.
Termination and Amendment 53 8.1. TERMINATION.............................................................................53 8.2.
DURATION AND MODIFICATION OF AGREEMENT 33:01 This Agreement shall be binding and continue in effect until June 30, 2020, and shall continue automatically thereafter for annual periods of one (1) year each, unless either party notifies the other in writing within the period of three (3) months next preceding the expiration date of this agreement, that it desires to amend or terminate it.
Execution of Agreement The HSP represents and warrants that:
DURATION AND AMENDMENT 531 This Agreement shall continue in full force and effect to and including August 31, 2018. The Agreement shall continue in effect from year-to- year thereafter unless either party notifies the other in writing not less than one-hundred fifty (150) days prior to the expiration date that a modification or termination of the Agreement is desired. Should either party to this Agreement serve such notice upon the other party, the Employer and the Union shall meet for the purpose of negotiation and shall commence consideration of proposed changes or modifications in the Agreement not less than one-hundred twenty (120) days prior to the expiration of the Agreement. 532 If, pursuant to such negotiation, an Agreement on the renewal or modification of this Agreement is not reached prior to the expiration date, this Agreement shall expire at the expiration date unless it is extended for a specified period by mutual agreement of the parties. In witness whereof, this Agreement has been executed by the parties by their duly authorized representatives this September 2, 2016 EASTERN MICHIGAN UNIVERSITY Xxxxx X. Xxxxx, Chief Negotiator Assistant Vice President (I) Academic Human Resources Xxxx Xxxxxxxx, Associate Director Academic Human Resources Xxxx Xxxxx Assistant to V.P. Business & Finance Xxxxxxxx Xxxxxx, Interim Xxxx College of Arts and Sciences Xxxxxxxx Xxxxx Academic Human Resources Generalist Xxxxxxx Xxxxxxxx, Department Head Geography and Geology EASTERN MICHIGAN UNIVERSITY FEDERATION OF TEACHERS (EMU-FT) Xxxxxx Xxxxxx, EMUFT Co-Chief Negotiator Xxxxxx Xxxxx-Xxxx, EMUFT Co-Chief Negotiator Xxxx Xxxxxxx, President EMUFT Xxxxx Xxxxxxxx, Michigan Field Rep. American Federation of Teachers Xxxxx Xxxxxx, Lecturer Sociology, Anthropology, Criminology Appendix A Memorandum of Understanding By and Between Eastern Michigan University and the Eastern Michigan University Federation of Teachers Joint Committee on Course Equivalencies It is hereby understood and agreed between Eastern Michigan University and the EMUFT that a joint committee on course releases and equivalencies relevant to Full-time Lecturers will be formed to study the factors for which equivalency credit (towards meeting the contractual credit hour norm) may be awarded, as described in the Workload article of the Agreement. A committee consisting of an equal number of members from the EMUFT and administrators selected by the Xxxxxxx and Vice President for Academic and Student Affairs shall be formed no later than January 31, 2017. The parties will each designate a co-chair from their respective committee members. The joint committee is charged with: • Gathering data about the teaching loads assigned to Full-time Lecturers including the provision of equivalency credit, released time, and overload teaching assignments. • Gathering data on the process by which equivalency credit, released time and overload assignments are provided in each department and/or in consultation with the Deans. • Analyzing this data and providing their findings to the President of the EMUFT and the Xxxxxxx and Vice President for Academic and Student Affairs by no later than March 31, 2018. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the EMUFT, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. Agreed to and accepted the 31st day of August, 2016. Xxxxx Xxxxx Xxxxxx Xxxxxx EMU Administration Chief Negotiator EMUFT Co-Chief Negotiator Xxxxxx Xxxxx-Xxxx EMUFT Co-Chief Negotiator Appendix B Memorandum of Understanding By and Between Eastern Michigan University and the Eastern Michigan University Federation of Teachers Joint Committee on FTL Promotion Recommendation Summary Form A committee consisting of an equal number of members from the EMUFT and administrators selected by the Xxxxxxx and Vice President for Academic and Student Affairs shall be formed no later than November 1, 2016. The parties will each designate a co-chair from their respective committee members. The joint committee is charged with recommending revisions to the current Full- Time Lecturer Recommendation Summary Form to reflect this Agreement. Recommendations of the committee will be forwarded to the Xxxxxxx and Executive Vice President for Academic and Student Affairs by January 15, 2017. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the EMUFT, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. Agreed to and accepted the 31st day of August, 2016. Xxxxx Xxxxx Xxxxxx Xxxxxx EMU Administration Chief Negotiator EMUFT Co-Chief Negotiator Appendix C Memorandum of Understanding By and Between Eastern Michigan University and the Eastern Michigan University Federation of Teachers Professional Development Support The University shall adopt a program of Full-time Lecturer Professional Development Support in direct support of activities designed to enhance Employees’ delivery of instruction. Beginning in Winter 2017, a joint committee consisting of an equal number of members from the EMUFT (on behalf of the Full-time Lecturers) and administrators selected by the Xxxxxxx and Vice President for Academic and Student Affairs will meet for the purpose of establishing guidelines, application requirements, and deadline dates for Full-time Lecturer Professional Development Support. Funding for the Full-time Lecturer Professional Development Support shall be $10,000 in academic year 2017-18. Funds will be administered by the Xxxxxxx and Executive Vice President of Academic and Student Affairs. Agreed to and accepted the 2nd day of September, 2016. _ Xxxxx Xxxxx Xxxxxx Xxxxxx
TERMINATION AND MODIFICATION A. This Agreement shall continue in full force and effect until 11:59 p.m., June 30, 2023.
