R&W Policy (a) Purchaser has conditionally bound a representations and warranties insurance policy (the “R&W Policy”) pursuant to the binder agreement which was provided to Seller for review in advance of the Execution Date and which is attached hereto as Exhibit H (the “R&W Conditional Binder”). From and after the Execution Date, each Party shall use its commercially reasonable efforts to satisfy the conditions set forth in the R&W Conditional Binder as of the Closing Date. The R&W Policy shall contain: (i) a waiver of subrogation, contribution, or otherwise by the insurer in favor of the Seller Indemnified Parties, except against Seller or any “Seller” under the Other PSAs or with respect to such Seller’s or “Seller’s” (as applicable) actual and intentional fraud in the making of the representations and warranties set forth in Article 3 of this Agreement (or the corresponding article setting forth any “Seller’s” representations and warranties in any Other PSA, as applicable), it being understood that the fraud of one Seller or “Seller” (as applicable) shall not be imputed to any other Seller or “Seller” (as applicable); and (ii) a statement that each Seller Indemnified Party is an intended third party beneficiary of the foregoing subrogation limitation.
(b) Seller and Purchaser shall each pay fifty percent (50%) of all costs of obtaining the R&W Policy, specifically the premium, surplus lines Taxes and fees, and any related broker compensation and underwriting fees; provided that Seller’s share of such costs shall be paid by Seller via the adjustment of the Cash Purchase Price pursuant to Section 2.3(n).
(c) Purchaser agrees that after the Closing it will not agree to any amendment of the R&W Policy that would be expected to cause actual and material prejudice to Seller without Seller’s prior written consent.
(d) Notwithstanding anything to the contrary in this Agreement, none of the Seller Indemnified Parties shall be entitled to any proceeds from the R&W Policy. Notwithstanding anything in this Section 5.18 or otherwise to the contrary, nothing herein shall be interpreted to limit Purchaser’s rights to make or pursue claims, or secure recovery under the R&W Policy, as Purchaser believes, in its sole discretion, to be in Purchaser’s interests.
SPAM POLICY You are strictly prohibited from using the Website or any of the Company's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Travel Policy Section 1. Travel allowances and reimbursements, including meal, lodging and transportation expenses, shall be as provided in the Department of Administrative Services, Oregon Accounting Manual Travel Policy (OAM #40.10.00.PO). However, Section .105 of the policy shall read as follows: Personal telephone calls to immediate family members or significant others to confirm the traveler’s well being while on travel status are allowed. Employees shall be reimbursed for one (1) phone call home on the first day of travel and every other day for a five (5) to ten (10) minute call. When authorized by the Agency, employees will be provided access to State phone cards or State phone card numbers. When State phone cards are not available or the employee does not charge the call to his/her hotel room, employees shall provide receipts. Personal telephone bills reflecting the eligible calls made during travel status can serve as a receipt. The Employer shall give the Union at least thirty (30) days advance notice of any proposed changes to this policy. Such changes which involve a mandatory subject of bargaining shall be subject to negotiation if requested by the Union.
EMPLOYMENT POLICY 5.01 The Union and the Employer will cooperate in maintaining a desirable and competent labour force. The Employer will notify the Union of manpower requirements giving as much prior notice as possible. The Union will provide a list of manpower available. The Employer at its discretion may hire employees so listed or from other sources.
5.02 The Employer has the right to hire new employees as needed, provided that no new employee(s) will be hired while there are qualified, available employees who are laid off due to lack of work. An employee hired for a specific project outside the free travel zone shall be deemed as a local hire and will not be entitled to paid travel time or related expenses while working on that project.
5.03 To assist in the efficient placement of appropriately skilled members it is agreed that the Employer will inform the Union Office of members who are laid off and when employees are hired whether from the Union list or from another source. Laid off members are also required to notify the Union of their status.
5.04 New employees shall serve a probationary period of ninety (90) calendar days (3 months). During the probationary period, the Employer may terminate a probationary employee at its sole discretion provided it is not motivated by bad faith. Probationary employees are covered by the Agreement, excepting those provisions which specifically exclude such employees. During probation, all terms and conditions of the Collective Agreement apply amended as follows:
a. A probationary employee who is a licensed journeyman may be paid one dollar and fifty cents ($1.50) less than the journeyman rate during the probation unless the parties agree otherwise or where the employee is hired through the Union’s Employment Assistance Service.
b. Probationary apprentices shall be paid a percentage of the journeyman probationary rate during probation unless the parties agree otherwise or where the employee is hired through the Union’s Employment Assistance Service.
5.05 The Employer may contract out electrical work provided it does not result in the layoff of electricians in the bargaining unit.
Policy Because the volume of human genomic and phenotypic data maintained in these repositories is substantial and, in some instances, potentially sensitive (e.g., data related to the presence or risk of developing particular diseases or conditions and information regarding family relationships or ancestry), data must be shared in a manner consistent with the research participants’ informed consent, and the confidentiality of the data and the privacy of participants must be protected. Access to human genomic data will be provided to research investigators who, along with their institutions, have certified their agreement with the expectations and terms of access detailed below. NIH expects that, through Data Access Request (DAR) process, approved users of controlled-access datasets recognize any restrictions on data use established by the Submitting Institutions through the Institutional Certification, and as stated on the dbGaP study page. Definitions of the underlined terminology in this document are found in section 13. The parties to this Agreement include: the Principal Investigator (PI) requesting access to the genomic study dataset (an “Approved User”), the PI’s home institution (the “Requester”) as represented by the Institutional Signing Official designated through the eRA Commons system, and the NIH. The effective date of this Agreement shall be the DAR Approval Date, as specified in the notification of approval of the Data Access Committee (DAC).
Employment Insurance Rebate The short-term sick leave plan shall be registered with the Employment Insurance Commission (EIC). The nurses' share of the employer's Employment Insurance premium reduction will be retained by the Hospital towards offsetting the cost of the benefit improvements contained in this agreement.
Employment Policies The employment relationship between the parties shall also be governed by the general employment policies and practices of the Company, including those relating to protection of confidential information and assignment of inventions, except that when the terms of this Agreement differ from or are in conflict with the Company’s general employment policies or practices, this Agreement shall control.
Recoupment Policy Executive agrees that Executive will be subject to any compensation clawback or recoupment policies that may be applicable to Executive as an employee of the Company, as in effect from time to time and as approved by the Board or a duly authorized committee thereof, to comply with the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act.
Deposit Policy Prior to the inauguration of service or, thereafter, upon BellSouth’s request, Freedom shall complete the BellSouth Credit Profile (BellSouth form) and provide information to BellSouth regarding Freedom’s credit and financial condition. Based on BellSouth’s analysis of the BellSouth Credit Profile and other relevant information regarding Freedom’s credit and financial condition, BellSouth reserves the right to require Freedom to provide BellSouth with a suitable form of security deposit for Freedom’s account(s). If, in BellSouth’s sole discretion, circumstances so warrant and/or Freedom’s gross monthly billing has increased, BellSouth reserves the right to request additional security (or to require a security deposit if none was previously requested) and/or file a Uniform Commercial Code (UCC-1) security interest in Freedom’s “accounts receivables and proceeds”.
1.3.1 Security deposit shall take the form of cash, an Irrevocable Letter of Credit (BellSouth form), Surety Bond (BellSouth form) or, in BellSouth’s sole discretion, some other form of security proposed by Freedom. Any such security deposit shall in no way release Freedom from its obligation to make complete and timely payments of its xxxx(s). If BellSouth requires Freedom to provide a security deposit, Freedom shall provide such security deposit prior to the inauguration of service or within fifteen (15) days of BellSouth’s request, as applicable. Deposit request notices will be sent to Freedom via certified mail or overnight delivery. Such notice period will start the day after the deposit request notice is rendered by certified mail or overnight delivery. Interest on a cash security deposit shall accrue and be applied or refunded in accordance with the terms in BellSouth’s General Subscriber Services Tariff (GSST).
1.3.2 Security deposits collected under this Section 1.3 shall not exceed two (2) months' estimated billing. Estimated xxxxxxxx are calculated based upon the monthly average of the previous six (6) months current xxxxxxxx, if Freedom has received service from BellSouth during such period at a level comparable to that anticipated to occur over the next six (6) months. If either Freedom or BellSouth has reason to believe that the level of service to be received during the next six (6) months will be materially higher or lower than received in the previous six (6) months, Freedom and BellSouth shall agree on a level of estimated xxxxxxxx based on all relevant information.
1.3.3 In the event Freedom fails to provide BellSouth with a suitable form of security deposit or additional security deposit as required herein, defaults on its account(s), or otherwise fails to make any payment or payments required under this Agreement in the manner and within the time required, service to Freedom may be Suspended, Discontinued or Terminated in accordance with the terms of Section
Payment Policy All Meal Plan charges are billed to the student’s OPUS account each semester. Meal plan costs for the Fall Semester are submitted to the Student Financial Services during August; Spring Semester meal plan costs are submitted during December. The Meal Plan contract remains in effect for the entire academic year and cancellation is not permitted. Departure from Emory: Unspent Xxxxxx Dollars will be credited back to the student’s OPUS account for all meal plans. Adjustments for the meals portion of meal plans is based on the duration or total weeks enrolled on the meal plan, not the actual meal plan usage. The credit for the meals portion of all meal plans will be calculated by first subtracting the value of the Xxxxxx Dollars originally included in the meal plan from the original cost of the meal plan to determine the value of the meals portion of the meal plan. Next, the value of the meals portion of the meal plan will be credited back to the student’s account based on the Adjustment Schedule. No credit will be issued after the tenth week of each semester. No credit will be issued to students suspended or dismissed for disciplinary reasons. If a student’s academic status changes, the student is responsible for notifying Campus Dining in Xxx Xxxx at 000-000-0000 or email xxxxxx@xxxxx.xxx. This policy shall be subject to amendment by the University during the term of this agreement without notice.
