Flexible Application of Existing Provisions Sample Clauses

Flexible Application of Existing Provisions. (a) If a proposed change effects only one employee or only a small number of Employees and all of the effected employees are involved in reaching agreement on a proposed arrangement, then the outcome as agreed by the one effected employee or the majority of the small number of employees concerned will be implemented following advice of the terms of the agreement to the WCC for its information. (b) If a proposed change effects more than a small number of employees or, in any case, if the proposed change is in relation to a matter that the WCC regards as appropriate for it to deal with, then agreement on the issue will be reached through the consultative processes of the WCC. The agreed change shall then be appropriately recorded and implemented. The Company recognizes that any member of the WCC may seek the Union’s advice and assistance on the matters under consideration. (c) These procedures will ensure that the work practice arrangements at the site will be implemented in a way that best suits the parties directly affected. (d) Any agreement reached shall not adversely affect the health and safety of the employees within the meaning of the state legislation.
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Flexible Application of Existing Provisions. (1) If a proposed change effects only a small number of Employees and all of the effected employees are involved in reaching agreement on a proposed arrangement, then the outcome as agreed by the majority of the employees concerned will be implemented following advice of the agreement to the ECC for its information. (2) If a proposed change effects more than a small number of employees or, in any case, if the proposed change is in relation to a matter that the ECC regards as appropriate for it to deal with, then agreement on the issue will be reached through the consultative processes of the ECC. The agreed change shall then be appropriately recorded and implemented. The Company recognises that any member of the ECC may seek the Union's advice and assistance on the matters under consideration. (3) These procedures will ensure that the work practice arrangements at the site will be implemented in a way that best suits the parties directly affected. (4) Any agreement reached shall not adversely affect the health and safety of the employees within the meaning of the State legislation.
Sample 1
Flexible Application of Existing Provisions. (a) If a proposed change effects only one or a small number of Employees and all of the effected employees are involved in reaching agreement on a proposed arrangement, then the outcome as agreed by the majority of the employees concerned will be implemented following advice of the terms of the agreement to the ECC for its information. (b) If a proposed change effects more than a small number of employees or, in any case, if the proposed change is in relation to a matter that the ECC regards as appropriate for it to deal with, then agreement on the issue will be reached through the consultative processes of the ECC. The agreed change shall then be appropriately recorded and implemented. The Club recognises that any member of the ECC may seek the Union’s advice and assistance on the matters under consideration. (c) These procedures will ensure that the work practice arrangements at the site will be implemented in a way that best suits the parties directly affected. (d) Any agreement reached shall not adversely affect the health and safety of the employees within the meaning of the State legislation.
Sample 1
Flexible Application of Existing Provisions. The Company and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of this Agreement if:
Sample 1
Flexible Application of Existing Provisions. 29.5.1 The Agreement deals with one or more of the following matters: (a) arrangements about when work is performed; (b) overtime rates; (c) penalty rates; (d) allowances; (e) leave loading; and 29.5.2 the arrangement meet the genuine needs of the Employer and the Employee in relation to 1 or more of the matters mentioned in paragraph (a) ; and 29.5.3 the arrangement is genuinely agreed to by the Employer and the Employee. 29.5.4 the Employer must ensure that the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009 ; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009 ; and (c) result in the Employee being better off overall than the Employee would be if no arrangement was made. 29.5.5 The Employer must ensure that the individual flexibility arrangement (a) is in writing, (b) includes the name of Employer and Employee (c) is signed by the Employer and the individual Employee and, if the Employee is under 18 years of age, signed by the Employee’s parent or guardian; (d) include details of: (i) the terms of the Enterprise Agreement that will be varied by the arrangement; (ii) how the arrangement will vary the effect of the terms; and (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (iv) states the date the arrangement commences 29.5.6 The Employer must give the - Employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 29.5.7 The Employer or the individual Employee may terminate the individual flexibility arrangement: (a) By giving no more than 28 days written notice to the other party to the arrangement; or (b) If the Employer and the Employee agree in writing - at any time.
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Related to Flexible Application of Existing Provisions

  • Termination of Existing Agreements Any previous employment agreement between Executive on the one hand and Employer or any of Employer’s Affiliates (as hereinafter defined) on the other hand is hereby terminated.

  • Termination of Existing Credit Agreement Receipt by the Administrative Agent of evidence that the Existing Credit Agreement concurrently with the Closing Date is being terminated and all Liens securing obligations under the Existing Credit Agreement concurrently with the Closing Date are being released.

  • Termination of Existing Agreement The Existing Agreement is hereby terminated and replaced and superseded by this Agreement, effective August 1, 2001. All payments, of Base Salary or otherwise, made by the Company under the Existing Agreement with respect to any period commencing on or after August 1, 2001 shall be credited against the corresponding payment obligations of the Company under this Agreement.

  • Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation This Agreement is subject to the budget and fiscal provisions of the City’s Charter. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation hereunder shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization. This Agreement will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, this Agreement will terminate, without penalty, liability or expense of any kind at the end of the term for which funds are appropriated. City has no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors. Contractor’s assumption of risk of possible non-appropriation is part of the consideration for this Agreement. THIS SECTION CONTROLS AGAINST ANY AND ALL OTHER PROVISIONS OF THIS AGREEMENT.

  • Ratification of Existing Agreements All existing Dual Enrollment agreements between the Trustees and the Private School are hereby modified to conform to the terms of this agreement and the appendices of this document.

  • Application of Agreement If the Company has secured work outside of the County of Cumberland, an employee whom normally works within the County of Cumberland: i) Will be paid at the rates outlined in this agreement if specifically requested by the Company to work on that site. ii) May be offered work at that location at the rates that apply for that area and if applicable, taking into account clause 27, Distant Work. iii) May determine that redundancy would be more appropriate. Where there is any inconsistency between this Agreement and the Parent Award, the Agreement shall prevail to the extent of the inconsistency.

  • Preservation of Existence, Etc (a) Preserve, renew and maintain in full force and effect its legal existence and good standing under the Laws of the jurisdiction of its organization except in a transaction permitted by Section 7.04 or 7.05; (b) take all reasonable action to maintain all rights, privileges, permits, licenses and franchises necessary or desirable in the normal conduct of its business, except to the extent that failure to do so could not reasonably be expected to have a Material Adverse Effect; and (c) preserve or renew all of its registered patents, trademarks, trade names and service marks, the non-preservation of which could reasonably be expected to have a Material Adverse Effect.

  • Limitation of responsibility of Existing Lenders (a) Unless expressly agreed to the contrary, an Existing Lender makes no representation or warranty and assumes no responsibility to a New Lender for: (i) the legality, validity, effectiveness, adequacy or enforceability of the Finance Documents or any other documents; (ii) the financial condition of any Obligor; (iii) the performance and observance by any Obligor of its obligations under the Finance Documents or any other documents; or (iv) the accuracy of any statements (whether written or oral) made in or in connection with any Finance Document or any other document, and any representations or warranties implied by law are excluded. (b) Each New Lender confirms to the Existing Lender and the other Finance Parties that it: (i) has made (and shall continue to make) its own independent investigation and assessment of the financial condition and affairs of each Obligor and its related entities in connection with its participation in this Agreement and has not relied exclusively on any information provided to it by the Existing Lender in connection with any Finance Document; and (ii) will continue to make its own independent appraisal of the creditworthiness of each Obligor and its related entities whilst any amount is or may be outstanding under the Finance Documents or any Commitment is in force. (c) Nothing in any Finance Document obliges an Existing Lender to: (i) accept a re-transfer from a New Lender of any of the rights and obligations assigned or transferred under this Clause 24; or (ii) support any losses directly or indirectly incurred by the New Lender by reason of the non-performance by any Obligor of its obligations under the Finance Documents or otherwise.

  • Amendments to Servicing Agreements, Modification of Standard Provisions (a) Subject to the prior written consent of the Trustee pursuant to Section 3.07(b), the Master Servicer from time to time may, to the extent permitted by the applicable Servicing Agreement, make such modifications and amendments to such Servicing Agreement as the Master Servicer deems necessary or appropriate to confirm or carry out more fully the intent and purpose of such Servicing Agreement and the duties, responsibilities and obligations to be performed by the Servicer thereunder. Such modifications may only be made if they are consistent with the REMIC Provisions, as evidenced by an Opinion of Counsel. Prior to the issuance of any modification or amendment, the Master Servicer shall deliver to the Trustee such Opinion of Counsel and an Officer's Certificate setting forth (i) the provision that is to be modified or amended, (ii) the modification or amendment that the Master Servicer desires to issue and (iii) the reason or reasons for such proposed amendment or modification. (b) The Trustee shall consent to any amendment or supplement to a Servicing Agreement proposed by the Master Servicer pursuant to Section 3.07(a), which consent and amendment shall not require the consent of any Certificateholder if it is (i) for the purpose of curing any mistake or ambiguity or to further effect or protect the rights of the Certificateholders or (ii) for any other purpose, provided such amendment or supplement for such other purpose cannot reasonably be expected to adversely affect Certificateholders. The lack of reasonable expectation of an adverse effect on Certificateholders may be established through the delivery to the Trustee of (i) an Opinion of Counsel to such effect or (ii) written notification from each Rating Agency to the effect that such amendment or supplement will not result in reduction of the current rating assigned by that Rating Agency to the Certificates. Notwithstanding the two immediately preceding sentences, the Trustee may, in its discretion, decline to enter into or consent to any such supplement or amendment if its own rights, duties or immunities shall be adversely affected. (i) Notwithstanding anything to the contrary in this Section 3.07, the Master Servicer from time to time may, without the consent of any Certificateholder or the Trustee, enter into an amendment (A) to an Other Servicing Agreement for the purpose of (i) eliminating or reducing Month End Interest and (ii) providing for the remittance of Full Unscheduled Principal Receipts by the applicable Servicer to the Master Servicer not later than the 24th day of each month (or if such day is not a Business Day, on the previous Business Day) or (B) to the WFHM Servicing Agreement for the purpose of changing the applicable Remittance Date to the 18th day of each month (or if such day is not a Business Day, on the previous Business Day). (ii) The Master Servicer may direct WFHM to enter into an amendment to the WFHM Servicing Agreement for the purposes described in Sections 3.07(c)(i)(B) and 10.01(b)(iii).

  • Required Policy Provisions Each policy must provide, as follows: (i) the policy is primary and noncontributory with any insurance or self-insurance maintained by Judicial Branch Entities and Judicial Branch Personnel, and the basic coverage insurer waives any and all rights of subrogation against Judicial Branch Entities and Judicial Branch Personnel; (ii) the insurance applies separately to each insured against whom a claim is made or a lawsuit is brought, to the limits of the insurer’s liability; and (iii) each insurer waives any right of recovery or subrogation it may have against the JBE, the State of California, the Judicial Council of California, and their respective judges, subordinate judicial officers, executive officers, administrators, officers, officials, agents, representatives, contractors, volunteers or employees for loss or damage.

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