EXPIRATION AND RENEWAL. 18.01 This Agreement shall come into effect on [insert date of opening of FreshCo] and shall remain in effect up to and including [two years after the opening of FreshCo] or March 19, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not apply. 18.02 A party wishing to revise or terminate this Agreement shall notify the other party in writing not less than thirty (30) and not more than ninety (90) days prior to the expiry date hereof and on delivery of such notice the parties shall, within fifteen (15) days or such later time as may be mutually agreed, commence negotiations. During the period of such negotiations, this Agreement shall remain in full force and effect. If notice is not given as above, this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Article. 18.03 Should the Employer and the Union reach an impasse in negotiations for the revision or renewal of this Agreement, either party may refer all outstanding proposals to Final Offer Selection, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock out: a) Any referral to Final Offer Selection must be made within four (4) months of the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02. b) The referring party shall provide by e-mail to the other party and applicable Selector, as indicated in 18.03c) below, a written notice of referral to Final Offer Selection (the “Notice of Referral”); c) The single Selector shall be selected in rotation from the following list of persons: (1) Xx. Xxxxxxx Xxxxxxxx (2) Xx. Xxxxxxx Xxxxxx If either of the above persons, having been requested in his turn to act as Selector, shall be unable or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on the regular rotation of the above persons. d) The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date on which the other party received the Notice of Referral. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten (10) days of the date on which the other party received the Notice of Referral. e) The Employer and the Union shall, within fourteen (14) days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals. f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight (28) days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to this Agreement.
Appears in 5 contracts
Samples: Collective Agreement, Collective Agreement, Memorandum of Agreement
EXPIRATION AND RENEWAL. 18.01 This Agreement shall come into effect on [insert date Unless terminated earlier pursuant to Article 20 and provided AMEX is not in default of opening of FreshCo] and shall remain in effect up to and including [two years after the opening of FreshCo] or March 19, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not apply.
18.02 A party wishing to revise or terminate its obligations under this Agreement shall notify the other party in writing not less than thirty (30) and not more than ninety (90) days prior to the expiry date hereof and on delivery of such notice the parties shall, within fifteen (15) days or such later time as may be mutually agreed, commence negotiations. During the period of such negotiationsAgreement, this Agreement shall automatically renew for one two year term (a "Renewal Term") unless AMEX provides at least 120 days written notice of non-renewal to Vendor prior to the expiration of the Term. If this Agreement is renewed pursuant to this Section 2.02, its then current terms and conditions shall remain in force and effect during the Renewal Term and the Rates during the Renewal Term shall be as set forth in Exhibit E."
4. Section 12.02 of the Agreement is hereby deleted in its entirety and nothing is substituted in its place and stead.
5. The first sentence of Section 16.01 of the Agreement is hereby amended by deleting the words "Upon reasonable advance written notice from AMEX," therefrom.
6. Clause (1) of Article 21 of the Agreement is hereby amended to read in its entirety as follows:
(1) continue to provide the Services to the extent requested by AMEX (i) in the event of expiration at the end of the Term or the Renewal Term, or termination by AMEX other than pursuant to Section 20.02, at the Rates agreed upon by the parties at such time, or (ii) in the event of termination by AMEX pursuant to Section 20.02, at the Rates in effect under this Agreement immediately prior to termination, and at Service Levels for such Services in effect under this Agreement immediately prior to such expiration or termination, and".
7. The fourth (4th) sentence of Section 23.04(1) of the Agreement is hereby amended to read in its entirety as follows: "Notwithstanding anything herein, Vendor shall not be liable to AMEX for damages in excess of $[***] during each Contract Year. "
8. AMEX and Vendor hereby agree that the Vendor facilities located at 000 Xxxxxxx Xxxxxx, Xxxxxxxx Xxxx, New Jersey ("Xxxxxxxx Park") and at 0000 Xxxxxx Xxxxxx, Xxxxx X, Xxxxxx, Xxxxx ("Dallas") shall be Vendor Service Locations. Vendor shall provide Migration Services for these Vendor Service Locations in accordance with Article 3 of the Agreement. Migration Services will commence at the Xxxxxxxx Park Vendor Service Location on August 13, 2002 and the Migration Completion Date will be November 14, 2002. Migration Services will commence at the Dallas Vendor Service Location on October 9, 2002 and the Migration Completion Date will be January 10, 2003. Vendor and AMEX will agree in writing upon any milestones and their completion dates for the Migration Services. In the event that, at either the Xxxxxxxx Park Vendor Service Location or the Dallas Vendor Service Location, the Migration Completion Date is delayed by more than [***] days for any reason within the control of Vendor, AMEX may terminate migration to the affected Vendor Service Location and procure an alternate source for remittance processing services and Vendor will be obliged to reimburse AMEX as provided in the second and third sentences of Section 3.04. Vendor and AMEX must mutually agree in writing to any changes to a Migration Completion Date.
9. Within 60 days of the Migration Completion Date at each of the Xxxxxxxx Park and Dallas Vendor Service Locations, Vendor will develop and submit to AMEX for AMEX's approval a DRP for such Vendor Service Location.
10. Vendor agrees to implement image transmission capability (check images with audit trail) no later than the commencement of live processing at the Xxxxxxxx Park and Dallas Vendor Service Locations. Vendor will implement image transmission capability at the Los Angeles, California ("Los Angeles") Vendor Service Location no later than December 31, 2003. Vendor will pay for front and back cameras for first pass image capture, as well as servers required as determined by the mutual agreement of the parties. AMEX will pay for any routers, circuits, encryption license and programming expenses at the developmental programming rate provided in Exhibit E.
11. Vendor agrees to implement Xxxx Sense in the Dallas, Xxxxxxxx Park and Los Angeles Vendor Services Locations. Vendor, at its expense, will install back cameras in the Dallas and Xxxxxxxx Park Vendor Service Locations for this purpose. Vendor will develop a Xxxx Sense application to identify both address changes and correspondence on remittance coupons. Vendor will bear the first $[***] of the expense of developing the Xxxx Sense application, and AMEX will bear the balance, at the developmental programming rate provided in Exhibit E, up to an additional $[***], provided that if the total cost of developing and implementing the Xxxx Sense application exceeds $[***], the parties shall mutually agree upon the allocation of such excess costs. Xxxx Sense will be implemented in the Dallas and Xxxxxxxx Park Vendor Service Locations no later than the commencement of live processing at each facility, and in the Los Angeles Vendor Service Location no later than December 31, 2003. During the first 90 days after implementation of Xxxx Sense at each Vendor Service Location, the parties will monitor the output to determine whether 100% of address changes are being detected while false positives are being minimized. The parties thereafter will agree upon performance metrics for measures impacted by Xxxx Sense as provided in Exhibit B.
12. The Amended and Restated Exhibit B to the Agreement as amended by Amendment No. 1 is hereby deleted in its entirety and the 2nd Amended and Restated Exhibit B which is attached hereto is inserted in its place and stead.
13. Exhibit C to the Agreement is hereby amended by deleting the words "and financial" from the first bullet of the Basic Requirements for the Employee category.
14. The Amended and Restated Exhibit E to the Agreement as amended by Amendment No. 1 is hereby deleted in its entirety and the 2nd Amended and Restated Exhibit E which is attached hereto is inserted in its place and stead.
15. Vendor agrees to make commercially reasonable efforts to reduce its internal costs and the unit price it charges AMEX for the Services, by exploring and potentially utilizing technology changes, such as check truncation, and process changes, such as offshore keying. Vendor agrees to offer check truncation at each Vendor Service Location no later than December 31, 2003, at a price to be agreed upon once requirements are fully defined. Vendor and AMEX will cooperate to implement a pilot program of offshore keying, with a target for implementation of such pilot program in the second quarter of 2003. The parties will define the measures of success and conduct a business analysis of the results in order to determine whether this process will be implemented on an ongoing basis at all Vendor Service Locations. Notwithstanding anything to the contrary, nothing in this Amendment No. 2 or the Agreement shall obligate Vendor to implement any programs, processes or services which Vendor reasonably determines not to be in its best interests.
16. Except as specifically amended herein, the terms of the Agreement shall continue in full force and effect. If notice is not given as above, In the event of a conflict or ambiguity between the terms set forth in this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Article.
18.03 Should the Employer Amendment No. 2 and the Union reach an impasse in negotiations for terms of the revision or renewal Agreement, the terms of this Agreement, either party may refer all outstanding proposals to Final Offer Selection, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock out:
a) Any referral to Final Offer Selection must be made within four (4) months of the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02.
b) The referring party Amendment No. 2 shall provide by e-mail govern with respect to the other party and applicable Selector, as indicated in 18.03c) below, a written notice of referral to Final Offer Selection (the “Notice of Referral”);
c) The single Selector shall be selected in rotation from the following list of persons:
(1) Xx. Xxxxxxx Xxxxxxxx
(2) Xx. Xxxxxxx Xxxxxx If either of the above persons, having been requested in his turn to act as Selector, shall be unable conflicting or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on the regular rotation of the above personsambiguous terms.
d) The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date on which the other party received the Notice of Referral. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten (10) days of the date on which the other party received the Notice of Referral.
e) The Employer and the Union shall, within fourteen (14) days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight (28) days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to this Agreement.
Appears in 4 contracts
Samples: Remittance Processing Services Agreement (American Express Issuance Trust), Remittance Processing Services Agreement (American Express Receivables Financing Corp Ii), Remittance Processing Services Agreement (American Express Receivables Financing Corp Ii)
EXPIRATION AND RENEWAL.
18.01 This Agreement shall come into effect on [insert date of opening of FreshCo] July 30th, 2020 and shall remain in effect up to and including [two years after July 29th, 2025. Nothing in this Agreement is retroactive unless specifically provided herein by the opening of FreshCo] or March 19, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not applyparties.
18.02 A party wishing to revise or terminate this Agreement shall notify the other party in writing not less than thirty sixty (3060) and not more than ninety one hundred and twenty (90120) days prior to the expiry date hereof and on delivery of such notice the parties shall, within fifteen thirty (1530) days or such later time as may be mutually agreed, commence negotiations. During the period of such negotiations, this Agreement shall remain in full force and effect. If notice is not given as abovein accordance with this section, this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Articlethereafter.
18.03 Should the Employer and the Union reach an impasse in negotiations for the revision or renewal of this Agreement, either party may refer all outstanding proposals to Final Offer Selection, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock out:
a) a. Any referral to Final Offer Selection must be made within four twelve (412) months of the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02.
b) b. The referring party shall provide by e-mail to the other party and applicable Selector, as indicated in 18.03c) belowparty, a written notice of referral to Final Offer Selection (the “Notice of Referral”);.
cc. The parties will agree to the appointment of the single Selector. If no agreement is reached between the parties within fourteen (14) The days of the date on which the referring party e-mailed to the other party the Notice of Referral, the single Selector shall is to be selected in rotation from by the following list Minister of persons:
(1) Xx. Xxxxxxx Xxxxxxxx
(2) Xx. Xxxxxxx Xxxxxx If either of Labour and the above persons, having been requested in his turn to act as Selector, shall single Selector will immediately thereafter be unable or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on appointed by the regular rotation of the above personsparties.
d) d. The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven fourteen (714) days of the date on which the referring party e-mailed to the other party received the Notice of Referral. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten twenty-one (1021) days of the date on which the referring party e-mailed to the other party received the Notice of Referral.
e) e. The Employer and the Union shall, within fourteen twenty-eight (1428) days of the date on which the referring party e-mailed to the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) f. The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight sixty (2860) days of the date on which the referring party e-mailed to the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his their decision, which decision shall be final and binding on all parties to this Agreement.
18.04 Any of the above-mentioned timelines may be altered by mutual consent between both the Union and the Employer.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
EXPIRATION AND RENEWAL. 18.01 This Agreement agreement shall come into effect on [insert date of opening of FreshCo] be for the period from and shall remain in effect up including March 3, 2017 to and including [two ten (10) years after the opening of FreshCo] or March 19, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not apply.
18.02 A party wishing to revise or terminate this Agreement shall notify the other party in writing not less than thirty (30) and not more than ninety (90) days prior to the expiry date hereof and on delivery of such notice the parties shall, within fifteen (15) days or such later time as may be mutually agreed, commence negotiations. During the period of such negotiations, this Agreement shall remain in full force and effect. If notice is not given as above, this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Article.
18.03 Should thereafter, subject to the Employer and right of either party to the Union reach an impasse in negotiations for the revision or renewal of this Agreement, either party may refer all outstanding proposals to Final Offer Selection, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock out:
a) Any referral to Final Offer Selection must be made within four (4) months immediately preceding March 2, 2027, or any subsequent anniversary date thereafter to:
A. Terminate this Agreement, in writing, effective March 2, 2027, or any subsequent anniversary thereof.
B. Require the other party to this Agreement, in writing, to commence Collective Bargaining to conclude a revision or renewal of this agreement. Should either party give notice pursuant to (b) above, this Agreement shall thereafter continue in full force and effect and neither Party shall make any change in the terms of the said Agreement, or increase or decrease the rate of pay of any employee for whom collective bargaining is being conducted, or alter any other term or condition of employment until:
1. The Union gives notice of strike in compliance with the Labour Relations Code of British Columbia, or
2. The Employer gives notice to lockout in compliance with the Labour Relations Code of British Columbia The operation of Section 50 (2)(3) of the Labour Relations Code of British Columbia is hereby excluded. THE PARTIES AGREE TO THE IMPLEMENTATION OF THIS COLLECTIVE AGREEMENT AS DETERMINED BY THE FINAL OFFER SELECTION ABRITRATION RENDERED BY XXX XXXXXXXX ON SEPTEMBER 26, 2016. The Union and Employer agree as follows:
1. Within six (6) months immediately preceding March 2, 2022, or any subsequent anniversary date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02.
b) The referring thereafter, either party shall provide by e-mail may give notice to the other party and applicable Selectorto negotiate changes to the current collective agreement.
2. If the parties are unable to agree on what if any changes the collective agreement are to occur, as indicated in 18.03c) below, the parties shall resolve their dispute through final offer selection interest arbitration for a written notice of referral binding settlement
3. The parties will agree to Final Offer Selection (the “Notice of Referral”);
c) The single Selector shall be selected in rotation from the following list of persons:
(1) Xx. Xxxxxxx Xxxxxxxx
(2) Xx. Xxxxxxx Xxxxxx If either appointment of the above persons, having been requested in his turn to act as Selector, shall be unable or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on the regular rotation of the above personsinterest arbitrator.
d) The Employer and 4. Each party shall formulate their own final offer, which shall include the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date on which the other party received the Notice of Referralitems previously agreed to in their negotiations.
5. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten (10) days offer selection arbitrator shall hear submissions from each of the date on which the other party received the Notice of Referral.
e) The Employer Parties and the Union shall, within fourteen (14) days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation then select one of the final positions which have been submitted in the respective written statements or briefsoffers. The Selector may question final offer selection arbitrator shall take into consideration the parties for the purpose of seeking clarification economic and competitive climate of the respective final positions which have been submittedEmployer’s business.
6. The Selector shallfinal offer selection arbitrator shall not have the power to change the expiration date of this collective agreement. Subject to what the Parties agree to at the first full re- opener, within twenty-eight (28) days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision there shall be final additional full re-openers prior to March 2, 2027 upon request by either party. As this is a new collective agreement, both parties reserve the right to make amendments and binding on all parties to this Agreementchanges by mutual agreement, as necessary.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
EXPIRATION AND RENEWAL. 18.01 28.01 This Agreement shall come into effect on [insert date of opening of FreshCo] March 19, 2022 and shall remain in effect up to and including [two years after the opening of FreshCo] or March 19October 1, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not apply2026.
18.02 28.02 A party wishing to revise or terminate this Agreement shall notify the other party in writing not less than thirty (30) and not more than ninety (90) calendar days prior to the expiry date hereof of this Agreement and on delivery of such notice the parties shall, within fifteen (15) calendar days or such later time as may be mutually agreed, commence negotiations. During the period of such negotiations, this Agreement shall remain in full force and effect. If notice is not given as above, this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Article.
18.03 28.03 Should the Employer Employers and the Union reach an impasse in negotiations for the revision or renewal of this Agreement, either party may refer all outstanding proposals to Final Offer Selection, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock outlockout:
a) Any referral to Final Offer Selection must be made within four (4) months of the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02.
b) The referring party shall provide by e-mail to the other party and applicable Selector, as indicated in 18.03c) below, a written notice of referral to Final Offer Selection (the “Notice of Referral”);
c) The single Selector shall be selected in rotation from the following list of persons:
(1) Xx. Xxxxxxx XxxxxxxxXxxxxx, Q.C.
(2) Xx. Xxxxxxx Xxxxxx Mr. Xxxxx Xxxxxxxx If either of the above persons, having been requested in his turn to act as Selector, shall be unable or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on the regular rotation of the above persons.
d) The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) calendar days of the date on which the other party received the Notice of Referral. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten (10) calendar days of the date on which the other party received the Notice of Referral.
e) The Employer and the Union shall, within fourteen (14) calendar days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. .
g) The Selector shall, within twenty-eight (28) calendar days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to this Agreement.
28.04 Article 28.03 shall be removed from the Collective Agreement effective with the renewal of any Collective Agreement reached as a result of its use, unless the parties have expressly agreed to renew it.
Appears in 1 contract
Samples: Collective Agreement
EXPIRATION AND RENEWAL. 18.01 This Agreement shall come into effect on [insert date Unless terminated earlier pursuant to Article 20 and provided AMEX is not in default of opening of FreshCo] and shall remain in effect up to and including [two years after the opening of FreshCo] or March 19, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not apply.
18.02 A party wishing to revise or terminate its obligations under this Agreement shall notify the other party in writing not less than thirty (30) and not more than ninety (90) days prior to the expiry date hereof and on delivery of such notice the parties shall, within fifteen (15) days or such later time as may be mutually agreed, commence negotiations. During the period of such negotiationsAgreement, this Agreement shall automatically renew for one two year term (a “Renewal Term”) unless AMEX provides at least 120 days written notice of non-renewal to Vendor prior to the expiration of the Term. If this Agreement is renewed pursuant to this Section 2.02, its then current terms and conditions shall remain in force and effect during the Renewal Term and the Rates during the Renewal Term shall be as set forth in Exhibit E.”
4. Section 12.02 of the Agreement is hereby deleted in its entirety and nothing is substituted in its place and stead.
5. The first sentence of Section 16.01 of the Agreement is hereby amended by deleting the words “Upon reasonable advance written notice from AMEX,” therefrom.
6. Clause (1) of Article 21 of the Agreement is hereby amended to read in its entirety as follows:
(1) continue to provide the Services to the extent requested by AMEX (i) in the event of expiration at the end of the Term or the Renewal Term, or termination by AMEX other than pursuant to Section 20.02, at the Rates agreed upon by the parties at such time, or (ii) in the event of termination by AMEX pursuant to Section 20.02, at the Rates in effect under this Agreement immediately prior to termination, and at Service Levels for such Services in effect under this Agreement immediately prior to such expiration or termination, and”.
7. The fourth (4th) sentence of Section 23.04(1) of the Agreement is hereby amended to read in its entirety as follows: “Notwithstanding anything herein, Vendor shall not be liable to AMEX for damages in excess of $[***] during each Contract Year.”
8. AMEX and Vendor hereby agree that the Vendor facilities located at 000 Xxxxxxx Xxxxxx, Xxxxxxxx Xxxx, New Jersey (“Xxxxxxxx Park”) and at 0000 Xxxxxx Xxxxxx, Xxxxx X, Xxxxxx, Xxxxx (“Dallas”) shall be Vendor Service Locations. Vendor shall provide Migration Services for these Vendor Service Locations in accordance with Article 3 of the Agreement. Migration Services will commence at the Xxxxxxxx Park Vendor Service Location on August 13, 2002 and the Migration Completion Date will be November 14, 2002. Migration Services will commence at the Dallas Vendor Service Location on October 9, 2002 and the Migration Completion Date will be January 10, 2003. Vendor and AMEX will agree in writing upon any milestones and their completion dates for the Migration Services. In the event that, at either the Xxxxxxxx Park Vendor Service Location or the Dallas Vendor Service Location, the Migration Completion Date is delayed by more than [***] days for any reason within the control of Vendor, AMEX may terminate migration to the affected Vendor Service Location and procure an alternate source for remittance processing services and Vendor will be obliged to reimburse AMEX as provided in the second and third sentences of Section 3.04. Vendor and AMEX must mutually agree in writing to any changes to a Migration Completion Date.
9. Within 60 days of the Migration Completion Date at each of the Xxxxxxxx Park and Dallas Vendor Service Locations, Vendor will develop and submit to AMEX for AMEX’s approval a DRP for such Vendor Service Location.
10. Vendor agrees to implement image transmission capability (check images with audit trail) no later than the commencement of live processing at the Xxxxxxxx Park and Dallas Vendor Service Locations. Vendor will implement image transmission capability at the Los Angeles, California (“Los Angeles”) Vendor Service Location no later than December 31, 2003. Vendor will pay for front and back cameras for first pass image capture, as well as servers required as determined by the mutual agreement of the parties. AMEX will pay for any routers, circuits, encryption license and programming expenses at the developmental programming rate provided in Exhibit E.
11. Vendor agrees to implement Xxxx Sense in the Dallas, Xxxxxxxx Park and Los Angeles Vendor Services Locations. Vendor, at its expense, will install back cameras in the Dallas and Xxxxxxxx Park Vendor Service Locations for this purpose. Vendor will develop a Xxxx Sense application to identify both address changes and correspondence on remittance coupons. Vendor will bear the first $[***] of the expense of developing the Xxxx Sense application, and AMEX will bear the balance, at the developmental programming rate provided in Exhibit E, up to an additional $[***], provided that if the total cost of developing and implementing the Xxxx Sense application exceeds $[***], the parties shall mutually agree upon the allocation of such excess costs. Xxxx Sense will be implemented in the Dallas and Xxxxxxxx Park Vendor Service Locations no later than the commencement of live processing at each facility, and in the Los Angeles Vendor Service Location no later than December 31, 2003. During the first 90 days after implementation of Xxxx Sense at each Vendor Service Location, the parties will monitor the output to determine whether 100% of address changes are being detected while false positives are being minimized. The parties thereafter will agree upon performance metrics for measures impacted by Xxxx Sense as provided in Exhibit B.
12. The Amended and Restated Exhibit B to the Agreement as amended by Amendment No. 1 is hereby deleted in its entirety and the 2nd Amended and Restated Exhibit B which is attached hereto is inserted in its place and stead.
13. Exhibit C to the Agreement is hereby amended by deleting the words “and financial” from the first bullet of the Basic Requirements for the Employee category.
14. The Amended and Restated Exhibit E to the Agreement as amended by Amendment No. 1 is hereby deleted in its entirety and the 2nd Amended and Restated Exhibit E which is attached hereto is inserted in its place and stead.
15. Vendor agrees to make commercially reasonable efforts to reduce its internal costs and the unit price it charges AMEX for the Services, by exploring and potentially utilizing technology changes, such as check truncation, and process changes, such as offshore keying. Vendor agrees to offer check truncation at each Vendor Service Location no later than December 31, 2003, at a price to be agreed upon once requirements are fully defined. Vendor and AMEX will cooperate to implement a pilot program of offshore keying, with a target for implementation of such pilot program in the second quarter of 2003. The parties will define the measures of success and conduct a business analysis of the results in order to determine whether this process will be implemented on an ongoing basis at all Vendor Service Locations. Notwithstanding anything to the contrary, nothing in this Amendment No. 2 or the Agreement shall obligate Vendor to implement any programs, processes or services which Vendor reasonably determines not to be in its best interests.
16. Except as specifically amended herein, the terms of the Agreement shall continue in full force and effect. If notice is not given as above, In the event of a conflict or ambiguity between the terms set forth in this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Article.
18.03 Should the Employer Amendment No. 2 and the Union reach an impasse in negotiations for terms of the revision or renewal Agreement, the terms of this Agreement, either party may refer all outstanding proposals to Final Offer Selection, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock out:
a) Any referral to Final Offer Selection must be made within four (4) months of the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02.
b) The referring party Amendment No. 2 shall provide by e-mail govern with respect to the other party and applicable Selector, as indicated in 18.03c) below, a written notice of referral to Final Offer Selection (the “Notice of Referral”);
c) The single Selector shall be selected in rotation from the following list of persons:
(1) Xx. Xxxxxxx Xxxxxxxx
(2) Xx. Xxxxxxx Xxxxxx If either of the above persons, having been requested in his turn to act as Selector, shall be unable conflicting or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on the regular rotation of the above personsambiguous terms.
d) The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date on which the other party received the Notice of Referral. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten (10) days of the date on which the other party received the Notice of Referral.
e) The Employer and the Union shall, within fourteen (14) days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight (28) days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to this Agreement.
Appears in 1 contract
Samples: Remittance Processing Services Agreement (American Express Receivables Financing Corp VIII LLC)
EXPIRATION AND RENEWAL. 18.01 This Agreement shall come into effect on [insert date of opening of FreshCo] be for the period from and shall remain in effect up including July 6, 2019, to and including [two years after the opening of FreshCo] or March 19May 31, 2022 whichever comes first. It is further understood that should FreshCo open after March 192026, 2020, Article 18.03 shall not apply.
18.02 A party wishing to revise or terminate this Agreement shall notify the other party in writing not less than thirty (30) and not more than ninety (90) days prior to the expiry date hereof and on delivery of such notice the parties shall, within fifteen (15) days or such later time as may be mutually agreed, commence negotiations. During the period of such negotiations, this Agreement shall remain in full force and effect. If notice is not given as above, this Agreement shall automatically be renewed from year to year thereafter, subject to the right of either party to the Agreement, within four (4) months immediately preceding May 31, 2026, or any subsequent anniversary date thereafter unless notice is given to:
(a) Terminate this Agreement, in accordance with writing, effective May 31, 2026, or any subsequent anniversary thereof,
(b) Require the other party to this Article.
18.03 Should the Employer and the Union reach an impasse Agreement, in negotiations for the writing, to commence collective bargaining to conclude a revision or renewal of this Agreement, . Should either party may refer all outstanding proposals give notice pursuant to Final Offer Selection(b) above, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement shall thereafter continue in its entirety full force and to forego effect and neither party shall make any change in the right to strike or lock out:
a) Any referral to Final Offer Selection must be made within four (4) months terms of the date on which said Agreement, or increase or decrease the Employer and the Union first met to commence negotiations following the notification to revise rate of pay of any employee for whom collective bargaining is being conducted, or terminate this Agreement under Section 18.02.
b) The referring party shall provide by e-mail to the alter any other party and applicable Selector, as indicated in 18.03c) below, a written notice term or condition of referral to Final Offer Selection (the “Notice of Referral”);
c) The single Selector shall be selected in rotation from the following list of personsemployment until:
(1) Xx. Xxxxxxx XxxxxxxxThe Union gives notice of strike in compliance with the Labour Code of British Columbia, or
(2) XxThe Employer gives notice of lockout in compliance with the Labour Code of British Columbia. Xxxxxxx Xxxxxx If either The operation of Section 66 (2) of the above personsLabour Code of British Columbia is hereby excluded. SIGNED THIS 26 DAY OF JUNE , having been requested 2023 . FOR THE UNION FOR THE EMPLOYER UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 1518 HUSBAND FOOD VENTURES LTD. (IGA #11) DON HUSBAND Xxx Xxxxx President Xxx Xxxxxxx Owner It is mutually agreed between the parties that every endeavour will be made to maintain a harmonious relationship between the parties. The parties agree to work towards a smooth transition in his turn the implementation of this agreement. The parties agree to act as Selectormeet if there are issues that arise in the implementation and have the Labour Relations Board Mediator, shall be unable Xxxxx XxXxxxxx, or unwilling designate, party to actthose meetings. SIGNED THIS DAY OF , he shall not again be requested . RENEWED THIS 5TH DAY OF AUGUST, 2011. RENEWED THIS 8TH DAY OF JULY, 2015. RENEWED THIS 4th DAY OF MAY, 2023. FOR THE UNION FOR THE EMPLOYER UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 1518 HUSBAND FOOD VENTURES LTD. (IGA #11) DON HUSBAND Xxx Xxxxx President Xxx Xxxxxxx Owner Benefit costs based upon current Plan: A 100% basic B 50% major (crowns) C 50% ortho, to act as Selector until his name comes up again on a maximum of $1,250 Eyeglasses: $100.00 per year Single Couple Family Dental $ 51.68 $ 98.24 $163.24 Extended Health $ 55.24 $ 82.86 $127.06 MSP $ 54.00 $ 96.00 $108.00 Monthly $160.92 $277.10 $398.30 30% monthly cost to Employee $ 48.28 $ 83.13 $118.59 It is mutually agreed between the regular rotation parties that in the life of the above persons.
dAgreement that the Union’s Health and Welfare Trust will be able to do a cost comparison to the current benefit plans to determine the viability of transferring all members to the Union’s Trust Plans. There will be no obligation for the Employer to change to the Union Plan(s). SIGNED THIS DAY OF , . RENEWED THIS 5TH DAY OF AUGUST, 2011. RENEWED THIS 8TH DAY OF JULY, 2015. RENEWED THIS 4th DAY OF MAY, 2023. FOR THE UNION FOR THE EMPLOYER UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 1518 HUSBAND FOOD VENTURES LTD. (IGA #11) DON HUSBAND Xxx Xxxxx President Xxx Xxxxxxx Owner The Employer and the Union shall meet recognize that drug and alcohol abuse can have serious negative impact on both the Employer and the employee. The parties mutually agree on which proposals remain outstanding between them within seven to co-operate in resolving problems with drug and alcohol abuse with a view towards rehabilitating employees suffering from such abuse. SIGNED THIS DAY OF , . RENEWED THIS 5TH DAY OF AUGUST, 2011. RENEWED THIS 8TH DAY OF JULY, 2015. RENEWED THIS 4th DAY OF MAY, 2023. FOR THE UNION FOR THE EMPLOYER UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 1518 HUSBAND FOOD VENTURES LTD. (7IGA #11) days DON HUSBAND Xxx Xxxxx President Xxx Xxxxxxx Owner When the Employer is seeking candidates for the positions of Head Cashier, File Maintenance, or Bookkeeper, the Employer will issue a memo, inviting applications from interested employees. The Employer will review these applications when determining who will be assigned the duties. SIGNED THIS DAY OF , . RENEWED THIS 5TH DAY OF AUGUST, 2011. RENEWED THIS 8TH DAY OF JULY, 2015. RENEWED THIS 4th DAY OF MAY, 2023. FOR THE UNION FOR THE EMPLOYER UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 1518 HUSBAND FOOD VENTURES LTD. (IGA #11) DON HUSBAND Xxx Xxxxx President Xxx Xxxxxxx Owner The primary responsibilities of employees excluded from the Bargaining Unit are managerial in nature, but it is recognized that they may perform the duties of employees in classifications listed in this Collective Agreement. The Union will recognize the current practice of allowing the owners and store manager (see Section 4.01(a)) to perform Bargaining Unit work. It is not the intent of the date on which the other party received the Notice of ReferralEmployer to utilize excluded personnel to deny hours to Bargaining Unit employees. The final differing proposals submitted Union and the Employer will meet in good faith to resolve any issue which arises from this agreement. Should the Selector will parties fail to reach an agreement the matter can be confined referred to these agreed outstanding proposalsa dispute resolution process. SIGNED THIS DAY OF , which will be submitted to the Selector. RENEWED THIS 5TH DAY OF AUGUST, together with copies of all agreed to proposals2011. RENEWED THIS 8TH DAY OF JULY, within ten 2015. RENEWED THIS 4th DAY OF MAY, 2023. FOR THE UNION FOR THE EMPLOYER UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 1518 HUSBAND FOOD VENTURES LTD. (10IGA #11) days of the date on which the other party received the Notice of Referral.
e) DON HUSBAND Xxx Xxxxx President Xxx Xxxxxxx Owner The Employer and the Union shallrecognize the right of employees to work in an environment free from harassment and agree that employees who engage in such conduct should be subject to discipline. Harassment means verbal or physical behaviour that is known or ought reasonably to be known to be abusive or offensive to another person and may be based upon another person’s race, colour, ancestry, place of origin, political beliefs, religion, marital status, physical or mental disability, sex, age, or sexual orientation. Harassment does not include actions occasioned through the exercising in good faith the Employer’s supervisory rights and responsibilities. A complainant who wishes to pursue a concern arising from an alleged harassment may submit a complaint to the Store Manager, in writing and within one (1) month of the latest alleged occurrence. The alleged harasser shall be given notice of the substance of such a complaint and shall be entitled to attend, par6ticipate in, and be represented at a hearing into this matter. The Store Manager, or her designate, shall investigate the complaint and, within fourteen (14) days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight (28) days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to this Agreement.ten
Appears in 1 contract
Samples: Collective Agreement
EXPIRATION AND RENEWAL. 18.01 This (a) If the option to renew set forth in (b) is not exercised, this Occupancy Agreement will expire on the date set forth in Paragraph 1 of this Occupancy Agreement. Shareholder(s) shall come into effect thereafter have no further liability under this Occupancy Agreement if, on [insert date or before the expiration date, he or she has taken the following actions:
(1) Endorsed his/her/their stock certificates for transfer in blank and deposited them with the Cooperative;
(2) Met all of opening his/her/their obligations and paid all amounts due under this Occupancy Agreement up to the time of FreshCo] expiration; and
(3) Vacated the Apartment, leaving it in a good state of repair.
(b) It is covenanted and agreed that the term of this Occupancy Agreement herein granted shall be extended and renewed from time to time by and against the parties hereto for further periods of five (5) years each from the expiration of the term herein granted, upon the same covenants and agreements as herein contained, provided that Shareholder(s) are in compliance with the Governing Instruments, unless:
(1) notice of the election by Shareholder(s) not to renew shall have been given to the Cooperative in writing at least sixty (60) days prior to the expiration of the then current term, and the Shareholder(s) shall have on or before the expiration of the said term (a) endorsed all his stock for transfer in blank and deposited same with the Cooperative, (b) met all of Shareholder’s obligations and paid all amounts due under this agreement up to the time of said expiration, and (c) vacated the Apartment, leaving same in good state of repair. Upon compliance with provisions of this sub-Section, Shareholder(s) shall have no further liability under this Agreement and shall remain in effect up be entitled to and including [two years after no payment from the opening Cooperative; or
(2) the Cooperative sends a new form of FreshCo] or March 19, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not applyOccupancy Agreement to Shareholder(s) at least sixty (60) days prior to the expiration of the then current term.
18.02 A party wishing to revise or terminate this Agreement shall notify (c) In the other party event that a Shareholder is not in writing not less than thirty (30) and not more than compliance with the Governing Instruments ninety (90) days before the end of the term of the Occupancy Agreement (or any renewals thereof), the Cooperative may elect not to renew the Occupancy Agreement by providing Shareholder(s) written notice thereof at least sixty (60) days prior to the expiry date hereof end of the term, and on delivery the right of such notice Shareholder(s) to occupy the parties shall, within fifteen (15) days or such later time as may be mutually agreed, commence negotiations. During Apartment shall terminate upon the period expiration of such negotiations, this Agreement shall remain in full force and effect. If notice is not given as above, this Agreement shall automatically be renewed from the five-year to year thereafter unless notice is given in accordance with this Articleterm.
18.03 Should (d) In no event, however, shall the Employer and the Union reach an impasse in negotiations for the revision term herein granted be extended or renewal renewed beyond a date of this Agreement, either party may refer all outstanding proposals to Final Offer Selection, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock out:
a) Any referral to Final Offer Selection must be made within four (4) months of 99 years from the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02hereof.
b) The referring party shall provide by e-mail to the other party and applicable Selector, as indicated in 18.03c) below, a written notice of referral to Final Offer Selection (the “Notice of Referral”);
c) The single Selector shall be selected in rotation from the following list of persons:
(1) Xx. Xxxxxxx Xxxxxxxx
(2) Xx. Xxxxxxx Xxxxxx If either of the above persons, having been requested in his turn to act as Selector, shall be unable or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on the regular rotation of the above persons.
d) The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date on which the other party received the Notice of Referral. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten (10) days of the date on which the other party received the Notice of Referral.
e) The Employer and the Union shall, within fourteen (14) days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight (28) days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to this Agreement.
Appears in 1 contract
Samples: Occupancy Agreement
EXPIRATION AND RENEWAL. 18.01 This Agreement shall come into effect on [insert date Upon expiration of opening of FreshCo] and shall remain in effect up to and including [two years after the opening of FreshCo] or March 19Initial Term, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not apply.
18.02 A party wishing to revise or terminate this Agreement shall automatically renew for an additional one (1) year period (“Renewal Term”) on the same terms and conditions hereof, unless either Party elects not to renew this Agreement as described below. Cowen shall have the right, in its sole discretion, to notify the other party in writing not less than thirty SAVVIS at least one hundred and eighty (30) and not more than ninety (90180) days prior to the expiry date hereof expiration of the Initial Term if Cowen elects not to renew this Agreement. If SAVVIS does not provide Cowen with notice of the expiration of the Initial Term at least one hundred and on delivery eighty (180) days prior to such expiration, this Agreement shall automatically renew at the end of the Initial Term; provided, however, that in such event Cowen shall have the right, in its sole discretion, to terminate the Renewal Term so automatically renewed, upon providing SAVVIS at least sixty (60) days prior written notice. The pricing for such Renewal Term shall be adjusted for the Base Case as set forth in Schedule C. Notwithstanding the foregoing, if at any time during the Renewal Term, maintenance support for any of the Equipment and/or Software used by SAVVIS in providing the Services is no longer available from the original equipment or software manufacturer or provider or their designee, then SAVVIS shall so notify Cowen. Together with such notice, SAVVIS shall propose to Cowen a replacement for such Equipment or Software including pricing for such replacements (which includes pricing for Equipment, Software and/or maintenance, as applicable) and Cowen shall have the right, in its sole discretion, to (i) accept SAVVIS’ proposal for such replacement Equipment or Software, or (ii) terminate this Agreement in whole or in part by providing SAVVIS at least one hundred and eighty (180) days’ notice of such notice termination, provided that (a) if Cowen does not exercise its right to do either of the parties shall, foregoing within fifteen (15) days after receiving such proposal, or such later time as may be mutually agreed, commence negotiations. During the period of such negotiations, this Agreement shall remain in full force and effect. If notice is not given as above, this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Article.
18.03 Should the Employer and the Union reach an impasse in negotiations for the revision or renewal (b) if Cowen exercises its rights under subsection (ii) of this Agreementsentence, either party may refer all outstanding proposals then SAVVIS will be relieved of its obligations to Final Offer Selectionsupport such Equipment and/or Software, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock out:
a) Any referral to Final Offer Selection must be made within four (4) months of the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02applicable.
b) The referring party shall provide by e-mail to the other party and applicable Selector, as indicated in 18.03c) below, a written notice of referral to Final Offer Selection (the “Notice of Referral”);
c) The single Selector shall be selected in rotation from the following list of persons:
(1) Xx. Xxxxxxx Xxxxxxxx
(2) Xx. Xxxxxxx Xxxxxx If either of the above persons, having been requested in his turn to act as Selector, shall be unable or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on the regular rotation of the above persons.
d) The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date on which the other party received the Notice of Referral. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten (10) days of the date on which the other party received the Notice of Referral.
e) The Employer and the Union shall, within fourteen (14) days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight (28) days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to this Agreement.
Appears in 1 contract
EXPIRATION AND RENEWAL. 18.01 17.01 This Agreement shall come into effect on [insert date of opening of FreshCo] July 15, 2021 and shall remain in effect up to and including [two years after July 14, 2026. Nothing in this Agreement is retroactive unless specifically provided herein by the opening of FreshCo] or March 19, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not applyparties.
18.02 17.02 A party wishing to revise or terminate this Agreement shall notify the other party in writing not less than thirty sixty (3060) and not more than ninety one hundred and twenty (90120) days prior to the expiry date hereof and on delivery of such notice the parties shall, within fifteen thirty (1530) days or such later time as may be mutually agreed, commence negotiations. During the period of such negotiations, this Agreement shall remain in full force and effect. If notice is not given as abovein accordance with this Section, this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Articlethereafter.
18.03 17.03 Should the Employer and the Union reach an impasse in negotiations for the revision or renewal of this Agreement, either party may refer all outstanding proposals to Final Offer Selection, as hereinafter provided, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock out:
a) a. Any referral to Final Offer Selection must be made within four (4) months of the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.0217.02.
b) b. The referring party shall provide by e-mail to the other party and applicable Selector, as indicated in 18.03c) belowparty, a written notice of referral to Final Offer Selection (the “Notice of Referral”);
cc. The parties will agree to the appointment of the single Selector. If no agreement is reached between the parties within seven (7) The days of the date on which the referring party e-mailed to the other party the Notice of Referral, the single Selector shall is to be selected in rotation from by the following list of persons:
(1) Xx. Xxxxxxx Xxxxxxxx
(2) Xx. Xxxxxxx Xxxxxx If either Chairperson of the above persons, having been requested in his turn to act as Selector, shall Saskatchewan Labour Relations Board and the single Selector will immediately thereafter be unable or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on appointed by the regular rotation of the above personsparties.
d) d. The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date on which the referring party e-mailed to the other party received the Notice of Referral. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten (10) days of the date on which the referring party e-mailed to the other party received the Notice of Referral.
e) e. The Employer and the Union shall, within fourteen (14) days of the date on which the referring party e-mailed to the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) f. The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight (28) days of the date on which the referring party e-mailed to the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to this Agreement.
17.04 It is understood that Article 17.03 shall only be in effect for the first renewal following the expiration as defined in 17.01. By mutual consent, the Employer and the Union may agree to Final Offer Selection in future negotiations.
Appears in 1 contract
Samples: Collective Bargaining Agreement
EXPIRATION AND RENEWAL. 18.01 This The Agreement shall come into effect will have a term commencing with its execution and concluding on [insert date December 31, 2004 ("Initial Term"). The Agreement will be automatically renewed for five successive one (1) year terms (the "Renewal Terms"), unless notice of opening of FreshCo] and shall remain in effect up to and including [two years after the opening of FreshCo] or March 19, 2022 whichever comes first. It non-renewal is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not apply.
18.02 A party wishing to revise or terminate this Agreement shall notify the other party in writing not less than thirty given at least one hundred eighty (30) and not more than ninety (90180) days prior to the expiry date hereof and on delivery expiration of such the Initial Term or of any Renewal Term, as the case may be, but if renewal occurs by failure to give notice of termination, a Renewal Term will not take effect until the parties shallhave agreed on adjustments to the Purchase Prices and Rental Fees set forth in the Agreement or have affirmatively agreed not to change such Purchase Prices and Rental Fees. Notwithstanding the provision of the Article11.1 and Article 21 hereof, within fifteen (the provisions of the Article 4.8, 5.4, 5.5, 11.1, 12, 13, 14, 15) days , 16, and 17 hereof shall survive the termination or such later time as may be mutually agreed, commence negotiations. During the period of such negotiations, this Agreement shall remain in full force and effect. If notice is not given as above, this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Article.
18.03 Should the Employer and the Union reach an impasse in negotiations for the revision or renewal cancellation of this Agreement. STD hereby acknowledges and agrees to meet a minimum performance guarantee described in Article 4.1 and 5.1 hereof. ("Performance Guarantee"). Each year, either party STD undertakes to meet the Performance Guarantee. If, in any year, STD does not meet the Performance Guarantee (or if the parties have not agreed on a Performance Guarantee for any given year), the Parties shall work together in good faith to identify the reasons for such failure, and each shall use its best efforts to resolve the problem. In order to facilitate resolution of the problem, STD will submit in writing to Parentech the reasons for such failure within thirty (30) days. Parentech undertakes to be reasonable in its assessment of STD's failure to meet the Performance Guarantee. If Parentech and STD are unable to agree that STD's failure to meet the Performance Guarantee was reasonable (or if the Parties cannot agree on a Performance Guarantee for any given year), STD will lose its exclusive Marketing Rights for the Mechanism and softgoods for the remainder of the term of the Agreement, but the other terms of the Agreement will remain in effect. STD may refer all outstanding proposals avoid the loss of its exclusive rights by paying any shortfall to Final Offer SelectionParentech within thirty (30) days of Parentech's notice to STD that STD has not met the Performance Guarantee in any year. If STD does not meet the Performance Guarantee for two (2) consecutive years, then Parentech, may, in its sole discretion, have, as hereinafter providedits sole remedy, in which case the parties hereby mutually agree to extend this Agreement in its entirety and to forego the right to strike or lock out:
a) Any referral to Final Offer Selection must be made within four (4) months of the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02.
b) The referring party shall provide by e-mail Agreement. Parentech's sole and exclusive remedy for failure to meet the other party and applicable Selector, as indicated Performance Guarantee set forth in 18.03c) below, a written notice of referral to Final Offer Selection (the “Notice of Referral”);
c) The single Selector paragraph above shall be selected in rotation from to alter the following list Marketing Rights of persons:
(1) Xx. Xxxxxxx Xxxxxxxx
(2) Xx. Xxxxxxx Xxxxxx If either of the above persons, having been requested in his turn to act as Selector, shall be unable or unwilling to act, he shall not again be requested to act as Selector until his name comes up again on the regular rotation of the above persons.
d) The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven (7) days of the date on which the other party received the Notice of Referral. The final differing proposals submitted to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together with copies of all agreed to proposals, within ten (10) days of the date on which the other party received the Notice of Referral.
e) The Employer and the Union shall, within fourteen (14) days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement or brief outlining each of their respective final positions on the outstanding proposals.
f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight (28) days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to STD under this Agreement, such that they are no longer exclusive. STD shall have no other liability whatsoever to Parentech by reason of failure to meet the Performance Guarantee.
Appears in 1 contract
Samples: Marketing and Distribution Agreement (Premier Classic Art Inc)
EXPIRATION AND RENEWAL. 18.01 18.1 This Agreement shall come into effect on [insert date of opening of FreshCo] be effective from November 14th, 2020 until November 6th, 2026, and shall remain in effect up force thereafter from year to year, however, either party may not more than one hundred twenty (120) days and including [two years after not less than sixty (60) days before the opening of FreshCo] or March 19, 2022 whichever comes first. It is further understood that should FreshCo open after March 19, 2020, Article 18.03 shall not apply.
18.02 A party wishing expiry date give notice in writing to revise or terminate this Agreement shall notify the other party in writing not less than thirty (30) and not more than ninety (90) days prior to the expiry date hereof and on delivery of negotiate a revision thereof. Upon such notice being given the parties shall, within fifteen (15) days or such later time as may be mutually agreed, commence negotiations. During the period of such negotiations, this Agreement shall remain in full effect until a strike or lockout commences. Signed this day of , 2023. For The Company: For The Union: Company Committee: Bargaining Committee: This Agreement was ratified on November 6th, 2021.
(a) The Company agrees to pay all persons covered by the terms of this Agreement the following schedule of wages during such time as the Agreement is in force and effect. If notice provided that if an employee is receiving a wage rate in excess of the rates herein contained, such wage rates shall not given as above, this Agreement shall automatically be renewed from year to year thereafter unless notice is given in accordance with this Article.
18.03 Should the Employer and the Union reach an impasse in negotiations for the revision or renewal reduced by reason of signing of this Agreement.
(b) With the exception of those Courtesy Clerks with less than five hundred (500) hours worked, either party may refer Courtesy Clerks who are assigned to perform the tasks not normally associated with their classification shall receive the corresponding rate of pay for their experience hours on the wage scale for each full half hour worked in the assigned classification.
(c) Cashiers who are assigned to the duties of a Front End Supervisor shall receive a premium of one ($1.00) dollar per hour for all outstanding proposals hours worked in that capacity.
(d) Upon completion of two thousand (2000) hours worked, Pharmacy Assistants with no previous experience or certification will move to Final Offer SelectionLevel 5 on the Certified Pharmacy Assistants wage scale.
(e) All revisions to the Agreement and wage increases indicated in Appendix “A” shall become effective on the first Sunday after the date of ratification (February 17th, as hereinafter provided2019). Future wage increase will become effective on the date specified in Appendix “A”.
(f) Assistant Department Managers shall receive a premium of fifty ($0.50) cents per hour on top of their regular hourly rate of pay.
(g) Employees who are at the top rate effective February 13th, in which case 2019 will be placed at the parties hereby mutually agree to extend top rate on the new scale.
(h) This Agreement will cover a term commencing on November 14th, 2020 through until November 6th, 2026.
(i) For the purposes of this Agreement in its Appendix and the entirety and to forego the right to strike or lock out:
a) Any referral to Final Offer Selection must be made within four (4) months of the Collective Agreement, the date on which the Employer and the Union first met to commence negotiations following the notification to revise or terminate this Agreement under Section 18.02of ratification will be November 6th, 2021.
b(j) The referring party Employees temporarily relieving a Department Manager for more than two (2) consecutive scheduled work days shall provide by e-mail to the other party and applicable Selector, as indicated receive an additional one ($1.00) dollar per hour on top of their regular hourly rate of pay for all hours worked in 18.03cthat position.
(k) below, a written notice of referral to Final Offer Selection (the “Notice of Referral”);
c) The single Selector shall be selected in rotation from the following list of personsCourtesy Clerk duties will be:
(1i) Xx. Xxxxxxx XxxxxxxxHandling of shopping carts – retrieving, etc.
(2ii) Xx. Xxxxxxx Xxxxxx If either Bagging/packing of the above personsgroceries;
(iii) General clean up of minor spills, having been requested in his turn to act as Selectorsweeping, shall be unable or unwilling to actempting garbage, he shall not again be requested to act as Selector until his name comes up again on the regular rotation of the above personsetc.
d(iv) The Employer and the Union shall meet and agree on which proposals remain outstanding between them within seven Replenishing supplies;
(7v) days of the date on which the other party received the Notice of Referral. The final differing proposals submitted Take-out-service to the Selector will be confined to these agreed outstanding proposals, which will be submitted to the Selector, together customers;
(vi) Dealing with copies of all agreed to proposals, within ten (10) days of the date on which the other party received the Notice of Referral.
e) The Employer and the Union shall, within fourteen (14) days of the date on which the other party received the Notice of Referral, each submit to the Selector a written statement returns or brief outlining each of their respective final positions on the outstanding proposals.
f) The Selector shall convene a meeting of both parties for the purpose of hearing explanation of the final positions which have been submitted in the respective written statements or briefs. The Selector may question the parties for the purpose of seeking clarification of the respective final positions which have been submitted. The Selector shall, within twenty-eight (28) days of the date on which the other party received the Notice of Referral, select either the final position of the Employer or the final position of the Union and render his decision, which decision shall be final and binding on all parties to this Agreement.unwanted items;
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Samples: Collective Agreement