COOPERATIVE PURCHASING PROGRAM PARTICIPATION Arkansas' Purchasing Law provides that local public procurement units (counties, municipalities, school districts, certain nonprofit corporations, etc.) may participate in state purchasing contracts. The contractor therefore agrees to sell to Cooperative Purchasing Program participants at the option of the program participants. Unless otherwise stated, all standard and special terms and conditions listed within the contract must be equally applied to such participants.
Payer If the Liquidation Amount determined pursuant to this clause is a positive amount, you shall pay it to us and if it is a negative amount, we shall pay it to you. We shall notify you of the Liquidation Amount, and by whom it is payable, immediately after the calculation of such amount.
MIDDLE SCHOOLS 1. Where there are no negotiated provisions concerning the implementation or operation of a middle school program, this article shall govern the implementation or operation of a middle school program in a school district.
2. Should the employer seek to establish a middle school program in one or more schools in a district, the employer and the local shall meet, no later than ten (10) working days from a decision of the employer to implement a middle school program, in order to negotiate any alternate or additional provisions to the Collective Agreement which are necessary to accommodate the intended middle school program.
3. In the absence of any other agreement with respect to the instructional day and preparation time, the provisions of the Collective Agreement with regard to secondary schools shall apply to middle schools.
4. If the employer and the local are unable to agree on what, if any, alternate or additional provisions of the collective agreement are necessary to accommodate the intended middle school program(s), either party may refer the matter(s) in dispute to expedited arbitration for final and binding resolution pursuant to Article D.5.5 below.
a. The jurisdiction of the arbitrator shall be limited to the determination of alternate or additional provisions necessary to accommodate the intended middle school program(s).
b. In the event the arbitration is not concluded prior to the implementation of the middle school program, the arbitrator will have remedial authority to make appropriate retroactive modifications and adjustments to the agreement.
c. The arbitration shall convene within thirty (30) working days of referral to arbitration in accordance with the following:
i. Within ten (10) working days of the matter being referred to arbitration, the parties shall identify all issues in dispute;
ii. Within a further five (5) working days, there shall be a complete disclosure of particulars and documents;
iii. Within a further five (5) working days, the parties shall exchange initial written submissions;
iv. The hearing shall commence within a further ten (10) working days; and
v. The arbitrator shall render a final and binding decision within fifteen (15) working days of the arbitration concluding.
6. Where a middle school program has been established on or prior to ratification of the 2006-2011 Provincial Collective Agreement, the existing provisions shall be retained unless the parties mutually agree that they should be amended.
Community Participation Goods and works required for Part A of the Project shall be procured in accordance with procedures acceptable to the Association.
Separate Entity The Borrower is operated as an entity with assets and liabilities distinct from those of the Originator and any Affiliates thereof (other than the Borrower), and the Borrower hereby acknowledges that the Administrative Agent and the Lenders are entering into the transactions contemplated by this Agreement in reliance upon the Borrower’s identity as a separate legal entity from the Originator and from each such other Affiliate of the Originator.
Type of ownership (You must check one box) Individual Custodian for Tenants in Common Uniform Gifts to Minors Act of the State of: __________ Joint Tenants with rights of Survivorship Corporation (Inc., LLC, LP) – Please List all officers, directors, partners, managers, etc.: Partnership (Limited Partnerships use “Corporation”) Trust Community Property Other (please explain)
Verizon Retail Telecommunications Service Any Telecommunications Service that Verizon provides at retail to subscribers that are not Telecommunications Carriers. The term “Verizon Retail Telecommunications Service” does not include any Exchange Access service (as defined in Section 3(16) of the Act, 47 U.S.C. § 153(16)) provided by Verizon.
Middle School At the request of the Superintendent, a middle school teacher may volunteer on a semester basis to teach all the student contact time and be paid one-sixth (1/6) of his/her salary for the semester. This section shall not be used to circumvent the hiring of additional full time teachers.
Service Area (a) SORACOM shall provide the SORACOM Air Global Service within the area designated on the web site of SORACOM (the “Service Area”), provided, that, the Service Area may be different if stated otherwise as specified by SORACOM separately. However, within the Service Area, you may not use the SORACOM Air Global Service in places where transmissions are difficult to send or receive.
(b) The parties of this Agreement acknowledge that there may be countries or locations within which SORACOM may be restricted from providing the SORACOM Air Global Service due to applicable laws, regulations, decisions, rules or orders (“Restrictions”). During the Term, SORACOM will use reasonable efforts to monitor whether there are any such Restrictions. SORACOM may in its sole discretion and at any time, suspend, discontinue, limit, or modify the SORACOM Air Global Service or impose additional requirements on the provision of the SORACOM Air Global Service, as may be reasonably required to comply with any such Restrictions.
(c) In no event will SORACOM be required to provide the SORACOM Air Global Service in countries or locations, or in a manner that would be in violation of the Restrictions and its failure to provide the SORACOM Air Global Service due to the Restrictions will not be deemed to be a breach of its obligations under this Agreement.
(d) In the event that any Restriction, or any change in applicable law, regulation, decision, rule or order materially or adversely affects the delivery of the SORACOM Air Global Service (including the economic viability thereof), SORACOM will notify Subscribers in writing and the parties will negotiate in good faith regarding changes to this Agreement. If the parties cannot reach agreement within 30 days after notification from SORACOM requesting renegotiation, SORACOM may terminate the Agreement upon 30 days’ written notice to the Subscriber.
SKILLED TRADES Note: The provisions of the Collective Agreement shall apply to the skilled trades except as altered by the provisions of this Article.
30.01 Skilled trade classifications for the purpose of this Collective Agreement will be as follows:
30.02 Seniority shall be by skilled trade classification, that is classifications will be non-interchangeable.
30.03 Employees entering a skilled trade classification shall have a seniority date as of the entry into such classification (including the apprenticeship period if such period was served in the Company).
30.04 A non-skilled trades (i.e. production) employee will not exercise his or her seniority rights in any skilled trade classification, nor will any skilled trades employee exercise seniority in any production classification after the date of ratification except as set forth in Article 31.07(d).
30.05 In the event that a skilled trades employee (i.e. apprentice or journeyman) is unable to perform his or her job as defined in Article 18, the provisions of Article 18 will apply. In no event will these provisions contravene the Human Rights Code.
30.06 The term 'journeyman' as used in this Article shall mean any person:
(a) Who presently is in a skilled trades classification; or
(b) Who has served a bona fide apprenticeship and has a certificate which substantiates his/her claim of such service; or
(c) Who has had eight (8) years of practical experience and can prove same with proper affidavits. The Company will consider the possession of a CAW/UAW journeyman/woman card as presumptive proof of qualifications.
30.07 In the event of a reduction in the work force of any skilled trades classification, the following procedure will apply:
(a) First, probationary journeyman within a classification shall be laid off;
(b) Second, apprentices within a classification shall be laid off based upon the first to go will be the last who entered the program;
(c) Third, if further reductions in a skilled trades classification are required, journeyman shall, in reverse order of seniority (junior employee first) in such a classification, be laid off.
(d) In the event of a layoff, skilled trades journeyperson employees will be allowed one time only to displace production employees, provided that such skilled trades journeyperson employees are originally production employees and in accordance with Article 14 of this Agreement. Skilled trades journeyperson employees must return to their skilled trades jobs as soon as they are recalled.
(e) In the event of the disqualification of an apprentice, he/she will be allowed, one time only, to displace a production employee, provided that such apprentice was originally a production employee and in accordance with Article 14 of this Agreement.
30.08 In the event that there is an increase in any skilled trade classification, recall shall be made in reverse order of seniority, commencing with journeyman then
30.09 In the event the Company acquires some advanced type of machinery or equipment that would call for special servicing by skilled trades employees, it is agreed that the skilled trades employees will be trained so that they may become familiar with the necessary repair and maintenance techniques required. In the case of initial installations of new equipment, processes, technology and warranty work, the Company will involve a minimum of one (1) skilled trades employee of each affected trade with the supplier's on-site personnel for training purposes.
30.10 (1) The Company and Union recognize the importance of the following principles:
(i) The Company recognizes the Union's desire to perform all Skilled Trades work covered under the jurisdiction of this contract except as amended below.
(ii) The Company will not use subcontracting as a method of eliminating overtime for Skilled Trade employees
(iii) The parties recognize that where the Company meets its obligations as set forth in Article 31 (including overtime opportunities), there shall be no additional responsibility on the part of the Company to pay additional overtime to any other employee. However, where it is alleged that the Company has not met its obligations under Article 31, the employee concerned and/or Union shall have the right to seek redress under the grievance procedure.
