Failure to Work Sample Clauses

Failure to Work. Regardless of whether a per diem nurse has made himself/herself “available” to work pursuant to Section 5.5, if such nurse is not otherwise on a leave of absence and fails to work (excluding education or in-service hours) at least two shifts in a rolling six (6) month period, the Employer may administratively terminate the nurse’s employment for failure to work.
Sample 1Sample 2Sample 3See All (4)
Failure to Work. An employee who may be requested to work on a holiday and who accepts such holiday work assignment and then fails to report for and perform such work, without reasonable cause, shall not receive regular pay for such holiday.
Sample 1Sample 2Sample 3See All (4)
Failure to Work. Registered Nurses who may be requested to work on a holiday and who accepts such holiday work assignment and then fails to report for and perform such work, without reasonable cause, shall not receive regular pay for such holiday.
Sample 1
Failure to Work. The substitute employee who fails to appear and work the exchanged shift, or is not properly excused from duty, shall be subject to disciplinary action.
Sample 1
Failure to Work. One of the thoughts to bear in mind regarding patent law is that the patents granted within a jurisdiction are to contribute to the national industrial development and not just constitute blocking rights preventing competitors from entering a country, or controlling the import to a specific state.277 The failure to use or “work” a patented invention is one example given on abuse of patent exclusivity in Article 5, Section A (2). The same Article gives the countries in the Paris Union the right to issue compulsory licenses in order to hinder patent abuse and therefore failure to work a patent. The members of the Union are free to define what constitutes failure to work a patent.278 Normally, working of a patent means industrial execution of the invention either through manufacture of the protected product or industrial application of a patented process within the patent-granting county. Consequently, neither import nor sale of a patented product or an article manufactured by a patented process is regarded as working. 273 Case C-24/67 Parke, Davis & Company x. Xxxxxx and others, 29 February 1968 [1968] ECR 55, page 72 at paragraph 6, “…the sale price of the protected product may be regarded as a factor to be taken into account in determining the possible existence of an abuse…”.‌ 274 Case C-402/85 Basset v Société des auteurs, compositeurs et éditeurs de musique (SACEM) [1987] ECR 1747 at paragraph 19. 275 Case C-395/87 Ministère public v Xxxx-Xxxxx Xxxxxxxx [1989] ECR 2521 at paragraph 38. 276 Ibidem paragraph 38. 277 Bodenhausen p. 70, note (o).‌ 278 Bodenhausen p. 71, note (h). The geographical area in which the working must take place is usually one state jurisdiction but is subject to the will of the members of the Union and can comprise more than one country.279 An application for a compulsory patent on the grounds of insufficient working must be refused if the right holder can justify his inaction by giving legitimate reasons.280 It is for the competent authorities of the Member States to decide what constitutes a legitimate reason.281 Non-working is not mentioned in the TRIPS agreement as grounds for compulsory licensing. TRIPS Article 27.1 states that “patents shall be…enjoyable without discrimination as to …whether products are imported or locally produced”. A section which can be interpreted in two ways. On the one hand it could mean that importation to a jurisdiction is to be regarded as placed on equal footing with the production within it.282 T...
Sample 1
Failure to Work. Since 1 May 2004 does 45 § patentlagen (1967:837) reflect three different corps of law, with three different jurisdictions.
Sample 1
Failure to Work. An employee who is regularly scheduled to work on a recognized holiday and who does not work shall not receive holiday pay, except as shown in Section 7.02 of this Article
Sample 1
Failure to Work. An employee who is not eligible to receive the vacation previously entitled to, because he has not worked the required number of days in the previous payroll year, will nevertheless receive vacation vacation pay as follows: Previous Reduced Vacation Pay as a percentage of gross earnings during
Sample 1

Related to Failure to Work

  • Failure to Produce In the event the Buyer fails to produce the aforementioned letter or other acceptable verification by the date above in Section IV(c), this Agreement may be terminated at the election of the Seller with written notice provided to the Buyer within calendar days from the date in Section IV(c);

  • Failure to Meet Timelines Failure by the Union to comply with the timelines will result in the automatic withdrawal of the grievance. Failure by the Employer to comply with the timelines will entitle the Union to move the grievance to the next step of the procedure.

  • 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 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 Complete If Artist becomes ill, dies, or is otherwise unable or unwilling to complete the Project in accordance with the Agreement, any work already done on the Project will be the City’s property. The City will be entitled to withhold any sums not yet paid to Artist, and may use any such sums toward completion of the Project in any manner the City deems appropriate.

  • Time Devoted to Work In performing the services contemplated under this Agreement, the services and the hours Consultant is to work on any given day will be on a mutually agreed upon basis, except for attendance at scheduled meetings, and City will rely upon Consultant to put in such number of hours as is reasonably necessary to fulfill the spirit and purpose of this Agreement. City understands that Consultant is engaged in the same or similar activities for others and that City may not be Consultant’s sole client or customer. However, Consultant represents and warrants that it is under no obligation or restriction, nor will it assume any such obligation or restriction, that would in any way interfere or be inconsistent with the services to be performed under this Agreement.

  • Failure to Remedy If Contractor does not remedy a defect or nonconformity within ten (10) calendar days after receipt of written notice from Purchaser, or if an emergency exists rendering it impossible or impractical for Purchaser to have Contractor provide a remedy, Purchaser may, without prejudice to any other rights or remedies available to it, make or cause to be made required modifications, adjustments, or repairs, or may replace Services, or IT Services, in which case Contractor shall reimburse Purchaser for its actual costs or, at Purchaser’s option, Purchaser will offset the costs incurred from amounts owing to Contractor.

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Failure to Pursue Remedies The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

  • Recall to Work 5.6.2.1 An employee recalled to work overtime after leaving the company’s premises (whether notified before or after leaving the premises) will be paid for a minimum of three hours work at the appropriate rates for each time the employee is so recalled. Except in the case of unforeseen circumstances arising, the employee will not be required to work the full three hours if the job the employee was recalled to perform is completed within a shorter period.