Failure to Employ Sample Clauses

Failure to Employ. Failure to fulfill the employment obligation, in full or in part, gives Seller the right to claim penalties. In accordance with the Employment Plan, for every less employed worker the Buyer shall be obliged to pay penalties as per the following formula: Number of workers x Number of months x Average gross salary in FBiH in the calendar year preceding the year in which the Buyer has failed to employ the agreed number of workers. *Number of workers: Any delay in the employment of new workers or failure to maintain the agreed number of workers in terms of sustainability of the number of employed workers. *Number of months: The time lag expressed in the number of full months. Payment of penalties shall not release the Buyer from its obligation to employ new workers. In case that within the period provided for fulfillment of the obligation – maintaining specific number of employees as provided hereunder (i.e. in the period provided for monitoring of fulfillment of employment obligations) at certain point of time there shall occur delay in fulfilling the same and that in another point of that period a bigger number of employees than being provided by the Agreement shall be employed, the Seller shall compensate penalties so that he shall not claim penalties for the part of delay provided by this provision of chapter 7.2.
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Failure to Employ. If the Buyer fails to fulfill the employment obligations and in accordance with this is allowed to close the Attachment to the Agreement, the Seller will claim the fulfillment of liabilities and the Agreement penalty. The Buyer is obliged for any delay of employment obligation according to the Employment Plan to pay the Seller the agreed penalty, amounting 20 % of the amount gained according to the following formula: - Number of workers x (multiply) a number of months x (multiply) the average paid monthly gross salary of the employees in the Federation BiH according to the last published data. *Number of workers: With not realized obligation according to the Employment Plan. *Number of months: The total number of months from the first next day when the Employment Plan has to be realized for a certain period until a day determined by the Attachment to the Agreement for fulfillment of this obligation. The Agreement penalty determined in compliance with these regulations, the Seller may charge from the Guarantee of Buyer’s performed liabilities. Payment of penalties shall not release the Buyer from its obligation to perform employment obligations.
Failure to Employ. Failure to fulfill the employment obligation from Section 7.1.of the Agreement means a decrease of employees, when there is no need for some employees. Failure to employ in full or in part, gives Seller the right to claim penalties. Payment of penalties shall not release the Buyer from its obligation to retain existing employees. The Buyer shall be obliged for every less agreed employee within Employment Plan to pay penalties to the Seller, as per the following formula: Number of workers x Number of months x Average gross salary in the Company in the calendar year preceding the year in which the Buyer has failed to employ the agreed number of workers. *Number of workers: Maintaining the agreed number of workers according to the List from the Annex 7. *Number of months: The time lag expressed in the number of full months, for three years’ duration of this Agreement.
Failure to Employ. Failure to fulfill the employment obligation from Section 7.1.of the Agreement means a decrease of employees, when there is no need for some employees. Failure to employ in full or in part, gives Seller the right to claim penalties. Payment of penalties shall not release the Buyer from its obligation to retain existing employees. The Buyer shall be obliged for every less agreed employee within Employment Plan to pay penalties to the Seller, as per the following formula: Number of workers x Number of months x Average gross salary in the Company or FBiH in the calendar year preceding the year in which the Buyer has failed to employ the agreed number of workers. *Number of workers: Maintaining the agreed number of workers according to the List from the Annex 7. *Number of months: The time lag expressed in the number of full months from the period workers stopped working to the period they come back to work in the Company, for three years’ duration of this Agreement.
Failure to Employ. Failure to fulfill the employment obligation, in full or in part, gives the Seller the right to impose penalties. For each worker not employed under the Employment Plan, the Buyer shall pay to the Seller penalties determined under the following formula. Number of Workers x Number of Months x Average Gross Salary in the Federation of Bosnia and Herzegovina in the calendar year preceding the year in which the delay has occurred, that is, in which the agreed number of employed workers has not been met. *Number of Workers: Any delay in hiring new workers, or failure to keep the agreed number of workers in terms of sustainability of the number of existing workers. *Number of Months: The time lag expressed in the number of full months. Payment of penalties shall not Release the Buyer from the obligation thereof to hire new workers. In case that, in the period of fulfillment of the obligation – maintaining the level of employment as provided herein (i.e. in the period provided for monitoring the fulfillment of employment obligations), a delay in attaining the level occurs at a certain point of time and, at another point of time during the period, the number of staff employed exceeds the number provided in the Agreement, the Seller shall compensate for the penalties, by not claiming penalties for a part of the delay under this provision specified in Section 7.2.

Related to Failure to Employ

  • Failure to Provide Notice A failure to give timely Notice or to include any specified information in any Notice as provided in this Section 15.3 will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party which was entitled to receive such Notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a direct result of such failure and, provided further, the Indemnitor is not obligated to indemnify the Indemnitee for the increased amount of any Indemnifiable Loss which would otherwise have been payable to the extent that the increase resulted from the failure to deliver timely a Notice of Claim.

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Provide Notice of Expiry If the HSP fails to provide the required 6 months’ Notice that it intends to allow this Agreement to expire, or fails to provide a Transition Plan along with any such Notice, this Agreement shall automatically be extended and the HSP will continue to provide the Services under this Agreement for so long as the Funder may reasonably require to enable all clients of the HSP to transition to new service providers.

  • Failure to Appoint If the party receiving the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairperson within seven (7) days of their appointment, the appointment shall be made by the Minister of Labour upon request of either party.

  • Failure to Remedy If the Funder has provided the HSP with an opportunity to remedy the breach, and: the HSP does not remedy the breach within the time period specified in the Notice; it becomes apparent to the Funder that the HSP cannot completely remedy the breach within the time specified in the Notice or such further period of time as the Funder considers reasonable; or the HSP is not proceeding to remedy the breach in a way that is satisfactory to the Funder, then the Funder may immediately terminate this Agreement by giving Notice of termination to the HSP.

  • Failure to Enforce The failure of either party hereto at any time, or for any period of time, to enforce any of the provisions of this Agreement shall not be construed as a waiver of such provision(s) or of the right of such party thereafter to enforce each and every such provision.

  • Failure to Vacate If the Resident does not vacate the Residence on the expiry or early termination of this Agreement, (i) the Resident is liable for any financial loss sustained or incurred by the Institution or the Manager, and (ii) the Manager may remove the property of the Resident from the Room (whether or not the Resident is present at the time), and place the property in temporary storage in a location in the Residence of the Manager’s choice, at the Resident’s expense, without notice to the Resident and without liability to the Manager for any damage to or loss of the Resident’s property.

  • Failure to Return Failure of the employee to return pursuant to the date determined in this Section will constitute grounds for termination by the School District unless the School District and the employee mutually agree to an extension of the leave.

  • Failure to Give Notice (a) An employee who fails to give notice required by Article 24.01, or who is deemed to have resigned by virtue of 24.02, shall be struck from the payroll effective the date she absents herself without leave, and shall have deducted from monies owed her by the Employer from all sources, including any vacation pay, a sum equivalent to the salary payable to her for the period of notice which she failed to work.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

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