Failure to Remit. In the event an Employer fails to remit contributions to these plans in conformity with this clause of the Agreement, the Employer shall, if in default more than ten (10) days after notification by the Union, pay the monies due thereunder and in addition thereto pay these plans a penalty in the amount of fifty dollars ($ 50.00). The Employer shall be responsible for loss of benefits to any employee because of the Employer's default action.
Failure to Remit.
(a) In the event an employer fails to remit contributions to these plans in conformity with this agreement, the Employer shall, upon notice, if in default more than 10 days, pay the monies due thereunder and in addition thereto, pay these plans a penalty in the amount of $50. The Employer shall be responsible for loss of benefits to any employee because of the Employer's default action.
(b) In addition to the penalty provided in 25.6(a) and, notwithstanding Article 9.6 of this agreement, an Employer who fails to remit contributions as provided in this agreement shall bear the full cost of any arbitration proceeding required to enforce a claim including the Union's witness and counsel costs and expenses to a maximum of $1,000.
Failure to Remit. In the event an Employer fails to remit contributions to these plans in conformity with this Clause of the Agreement, the Employer shall, if in default more than ten
Failure to Remit. (a) In the event an employer fails to remit contributions to these plans in conformity with this agreement, the Employer shall, upon notice, if in default more than 10 days, pay the monies due hereunder and in addition thereto, pay these plans a penalty in the amount of $50. The Employer shall be responsible for loss of benefits to any employee because of the Employer’s default action.
(b) In addition to the penalty provided in Clause 25.6(a) and, notwithstanding Clause 9.6 of this agreement, an employer who fails to remit contributions as provided in this agreement shall bear the full cost of any arbitration proceeding required to enforce a claim including the Union’s witness and counsel costs and expenses to a maximum of $1,000.
Failure to Remit. The Grantor shall not be:
(a) responsible for any loss or liability arising out of its failure, or the failure of its relevant branch, owing to causes outside its control (such as, but not limited to, the imposition of foreign exchange restrictions) to remit to the Participant any amount due to it under any Funded Participation; or
(b) except as otherwise provided in Clause 4.5, liable to remit to the Participant any amount greater than the relevant Participant’s Proportion of any amount it receives (whether by way of actual payment, the exercise of any right of set-off or otherwise) in respect of any Participated Tranche or Loan or Ancillary Rights and Claims.
Failure to Remit. The Grantor shall not be (i) responsible for any loss or liability arising out of its failure, or the failure of its relevant branch, owing to causes outside its control (such as, but not limited to, the imposition of foreign exchange restrictions) to remit to the Participant any amount due to it under the Funded Participation or (ii) save as otherwise provided below or in Clause 4.6, liable to remit to the Participant any amount greater than the relevant Participant’s Proportion of any amount it receives from any Obligor in respect of any Participated Tranche (in the case of principal amounts) or the relevant Participant’s Facility B Proportion of any amount if received from any Obligor in respect of any Facility B Commitment or Facility B Facility B Loan (in all other cases). If the Grantor fails to make a payment to the Participant for the reasons set out in paragraph (i), then interest shall accrue (as well after as before judgment) on the unpaid balance of the sum from day to day at the rate (as determined by the Participant) which is being offered by leading banks in the relevant interbank market for overnight deposits in the currency of and for an amount equal to the unpaid balance. Interest shall be payable by the Grantor at the end of each day and, for the purposes of this Clause 4.5, shall constitute part of the unpaid balance to the extent it is not paid.
Failure to Remit. (b) Failure of any Employer to remit to the Union the monies deducted from employees within two (2) weeks after deductions are made shall give the Union the right to take such action it deems necessary, including striking the Employer’s operations until such monies are paid to the Union.
(c) Within seven (7) days from the date of hiring of a new em- ployee, the Employer shall give to the Union, in writing, the follow- ing information: (1) name, home address and social security number of the newly hired employee; and (2) date employee was hired. Whenever an Employer requires additional drivers, it shall notify the Local Union or its hiring hall, either in writing, email or by telephone. The Employer shall give the Local Union the first oppor- tunity to provide suitable applicants. A monthly list of all extra and/or casual employees used during that month shall be submitted to the Local Union(s) by the tenth (10th) day of the following month. Such list shall show: (1) the employ- ee’s name and address; (2) Social Security Number; (3) the days and dates worked; and (4) the classification of work performed.
(d) Any employee hired as a replacement for a driver who is off due to vacation, illness, injury or leave of absence shall not become a seniority employee under this provision where the Employer has notified the Local Union and the driver, in writing, that the driver is hired to replace a regular driver who is off due to vacation, leave of absence, illness or injury. The parties acknowledge there may be times when the absence of a particular regular employee is of such a nature that even though he still retains seniority status, it is not likely that he will return to work within a reasonable period. In such cases when such absence continues beyond six (6) calendar months, a replacement casual shall not be used thereafter to fill such ab- sence unless the Employer and the Local Union mutually agree to the continued use of a replacement driver. Any abuse of this proce- dure shall be referred to the grievance procedure.
Failure to Remit. If the relevant Hotel fails to remit to OCC the applicable OCC Revenue Share by any Due Date, ***, then (i) such unpaid OCC Revenue Share ***, as the case may be, shall bear interest at the rate of one and one half percent (1.5%) per month calculated daily, until paid, unless such rate exceeds the maximum rate allowed by applicable law, in which event the maximum legal rate shall apply.
Failure to Remit. (a) No Finance Party shall be responsible for any loss or liability arising out of its failure, or the failure of its relevant branch, owing to causes outside its control (such as, but not limited to, the imposition of foreign exchange restrictions) to remit to any other Finance Party any amount due to that other Finance Party under the Participation.
(b) Except as otherwise provided in clause 32.7 (Default interest), the Receivables Purchaser shall not be liable to remit to the Participant any amount greater than its Participation Percentage of any amount it receives from any Obligor or Network Provider in respect of any Drawn Commitment.
(c) If a Finance Party fails to make a payment for the reasons set out in clause 32.6(a), interest shall accrue (before as well as after judgment) on the unpaid balance of the sum from day to day at the rate which is being offered by Barclays Bank PLC in the relevant interbank market for overnight deposits in the currency (or, in the event of the relevant interbank market rate not being available due to unforeseen reasons or market dislocation, such other published rate as determined by Barclays Bank PLC and agreed by the relevant Participant) of and for an amount equal to the unpaid balance. Interest shall be payable at the end of each day and, for the purposes of this clause 32.6(c), shall constitute part of the unpaid balance to the extent it is not paid.
Failure to Remit. Default. If Developer fails to remit payment of any of its portion of the actual Project cost, the City's obligations hereunder shall terminate and the City may draw down on the irrevocable letter of credit to recover the sums it has expended for the Project. If the irrevocable letter of credit is insufficient to reimburse the City for its loss on account of a Developer default, then City may pursue any other remedies available to it in law or in equity.
