Failure to Perform Satisfactorily in New Position Sample Clauses

Failure to Perform Satisfactorily in New Position. If at any time during said ninety (90) calendar day period, such employee fails to perform satisfactorily at the sole discretion of the Medical Center, the employee shall have the right to exercise seniority on the basis of their former classification, department, and employee category, as set forth in Section 12 below, Indefinite Layoffs. In the event that the employee returns to their former classification (or to their former department and same classification) by reason of such exercise of seniority, the employee will receive the same wage rate and have the same seniority that the employee had at the time of leaving the former classification (or at the time of leaving the former department and same classification). Also, if the returning employee’s former position becomes open for bidding within one (1) year after that employee’s transfer to the new position, then the employee’s bid pursuant to this Section 5, Job Vacancies, Posting, and Bidding, will be given preference over other bids. For purposes of this Paragraph 53, “former position” means the same hours, shift, days off and specific work assignment, classification and department as the employee had prior to the transfer or promotion.
Sample 1
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Failure to Perform Satisfactorily in New Position. If at any time during said ninety (90) calendar day period, such employee fails to perform satisfactorily at the sole discretion of the Medical Center, the employee shall have the right to exercise seniority on the basis of his or her former classification, department, and employee category, as set forth in Section 12 below, Indefinite Layoffs. In the event that the employee returns to his or her former classification (or to his or her former department and same classification) by reason of such exercise of seniority, the employee will receive the same wage rate and have the same seniority that the employee had at the time of leaving the former classification (or at the time of leaving the former department and same classification). Also, if the returning employee’s former position becomes open for bidding within one
Sample 1

Related to Failure to Perform Satisfactorily in New Position

  • 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.

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • Unsatisfactory Performance All work performed by the Contractor is expected to be done in the most expeditious and professional manner as specified in Section 5 of this document, while also complying with the workmanlike standard clause contained at Section 5.4.1.

  • TOTAL OR PARTIAL FAILURE TO PERFORM 20.1 In the case of Goods to be specially manufactured for it, if Transnet at any time ascertains that:

  • Ability to Perform The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

  • Work Performance All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the RECO. The RECO may reject the Lessor’s workers 1) if such are unlicensed, unskilled, or otherwise incompetent, or 2) if such have demonstrated a history of either untimely or otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other Government or private contracts.

  • Owner’s Right to Perform Work The Owner reserves the right to perform construction or operations related to the Project with Separate Contractors on the Site. If the Contractor claims that delay or additional cost is because of such action by the Owner, the Contractor shall assert such claims as provided in Section 5, Part 2 of the General Conditions.

  • Satisfactory Performance Subject to the provisions of the Payment Security Requirements Section above, the Payment Security will be returned within ninety (90) days following the expiration of the Term of this Agreement, subject to the satisfactory performance by Company of all terms, conditions, and covenants contained herein.

  • Excuse from Performance The Parties shall be excused from performing their respective obligations hereunder if they are prevented from so performing by reason of floods, earthquakes, other acts of nature, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the Party claiming excuse from performance hereunder. Labor unrest, including but not limited to strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is not an excuse from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The Party claiming excuse from performance shall, within two (2) Business Days after such Party has notice of such cause, give the other Party notice of the facts constituting such cause and asserting its claim to excuse under this Section. If either Party validly exercises its rights under this Section, the Parties hereby waive any claim against each other for any damages sustained thereby. The partial or complete interruption or discontinuance of Contractor's services caused by one or more of the events described in this Section shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Section for a period of thirty (30) calendar days or more, the SCWMA shall nevertheless have the right, in its sole discretion, to terminate this Agreement by giving ten (10) calendar days notice to Contractor unless Contractor has demonstrated, by the thirtieth (30th) calendar day, to the satisfaction of the SCWMA that the Contractor will resume services no later than the sixtieth (60th) day following the date service was interrupted or discontinued by Contractor.

  • Unsatisfactory An unsatisfactory rating is demonstrated by a value-added score of less than zero (0), where all of the scores contained within the 99-percent confidence interval also lie below zero (0).

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