Hardship Clause. The employer may make a further decision in individual cases which are not or are manifestly not reasonably provided for in Articles 5.3 to 5.4.5.
Hardship Clause. In exceptional cases of manifest unreasonableness, the employer shall depart from the provisions of Articles 3.1 to 3.1.3
Hardship Clause. In the event of a change in circumstances of an economic nature, unforeseeable at the time of the conclusion of the manufacturing contract, and foreign to the company LABORATOIRES XXXXXXX and/or the professional purchaser, which would have the effect of upsetting the economic bases of the commercial relationship existing between the parties to the point of making it seriously prejudicial and/or difficult for one and/or the other of the parties to perform their obligations, the parties undertake to renegotiate the financial conditions in a spirit of cooperation and fairness with a view to returning to a position of equilibrium comparable to that which existed before the occurrence of this change in circumstances. The parties agree to meet no later than 8 (eight) days after the date of receipt or, in the absence of receipt, the date of first presentation of the registered letter with acknowledgement of receipt sent by one of them to the other and formulating a request for renegotiation. The renegotiation shall not exceed 30 (thirty) days and the parties agree that the renegotiation shall be carried out in good faith and in particular without any wrongful conduct impeding the renegotiation. During this period, the commercial relationship will continue under the conditions applicable before the change of circumstances. If no agreement is reached at the end of the renegotiation period, the commercial relationship will be terminated by operation of law at the request of either party, without prior formal notice, without any right to restitution and without either party being entitled to claim any compensation. Such early termination shall take effect upon expiration of a 30 (thirty) day notice period. Obligations owed by either party prior to the occurrence of the change in circumstances shall be performed under the terms and conditions applicable prior to such occurrence.
Hardship Clause. 1 If application of this chapter leads to manifest unfairness as a result of substantial changes in the personal circumstances of the employee, it shall be possible to annul agreements that have been made and to agree on a suitable solution with the employer.
Hardship Clause. Without prejudice to clauses 3.2 and 13, the Parties shall negotiate in good faith modifications to the Contract, if the performance of the Contract becomes excessively onerous for the Supplier due to an event beyond the Supplier’s reasonable control such as major changes in production, raw material, energy, labor or transport costs, general price list increases, exchange rate fluctuations, changes in law or applicable engineering standards, necessary suspensions or modifications of the Supply as well as any further changes beyond Supplier’s sphere of influence. If an agreement concerning such modification is not achieved within four weeks after the Supplier has notified the Customer in writing that it wishes to modify the Contract (or any appendix) pursuant to this clause 20, the Supplier may terminate the Contract with immediate effect.
Hardship Clause. Where a particular clause or article of this Agreement may be found to work a hardship in a specific geographical jurisdiction of a Local Union, either the Local Union or Employer may request that the other consider the hardship in question (“Hardship Request”). In order for an Employer to raise a Hardship Request, it shall contact the Guild and Local Union as soon as reasonably possible, but in any event, not less than five (5) business days prior to the closing of bids on the project. When the Employer contacts the Guild and Local Union with a Hardship Request, it shall provide each party with information about the project including, • Name and location of project • Name of General Contractor • Union obligations of the General Contractor • Competitors for the project • Details of the hardship and how it could be alleviated The Local Union shall reply to the Hardship Request within forty eight
Hardship Clause. If a teacher who provides four years’ advance notice is required to change their retirement date due to an extraordinary circumstance not within their control (e.g. permanent disability, death, serious health condition of the teacher or another individual that requires the care of the teacher), the teacher is still eligible for a percentage of the post-retirement incentive payment based on the years of notice. If the teacher leaves after three years of notice, they will receive 75% of the retirement incentive payment; if they leave after two years of notice they will receive 50% of the retirement incentive payment; and if they leave after one years’ notice they will receive 25% of the retirement incentive payment.
Hardship Clause. Where a particular clause or article of this Agreement may be found to work a hardship in a specific geographical jurisdiction of a Local Union, either the Local Union or Employer may request that the other consider the hardship in question ("Hardship Request"). In order for an Employer to raise a Hardship Request, it shall contact the Guild and Local Union as soon as reasonably possible, but in any event, not less than five (5) business days prior to the clos- ing of bids on the project. When the Employer contacts the Guild and Local Union with a Hardship Request, it shall provide each party with information about the project including, • Name and location of project • Name of General Contractor • Union obligations of the General Contractor • Competitors for the project • Details of the hardship and how it could be alleviated The Local Union shall reply to the Hardship Request within forty eight (48) hours and the Parties shall, within a further twenty four (24) hours, discuss the details of the Hardship Request and determine the scope, if any, of amendment of the collective agreement. If the Local Union denies the Hardship Request, it shall set out its reasons for the denial in writing. The Local Union shall not act in an arbitrary, discriminatory or bad faith manner when it considers a Hardship Request. Should the Local Union and Guild agree to the Hardship Request, such agreement shall be made in writing and referred to the Union and the Guild for their endorsement. No adjustment will be made that does not apply equally to all Employers bound to BACU Tile ICI Collective Agreements in the area. Once a hardship agreement is agreed to and signed by the parties, the Guild will notify all Contractors in writing of the hardship agreement at least forty eight (48) hours prior to the closing date of the tender. Any alleged violation of this provision may be dealt with by referral to expedited arbitration with an arbitrator selected by the Union and Guild for a final and binding decision. Where a violation has occurred the arbitrator may make such orders, including orders relating to future hardship clauses as the arbitrator determines are appropriate to remedy the breach.
Hardship Clause. Where a particular clause or article of this Agreement may be found to work a hardship in a specific geographical jurisdiction of a Local Union, either the Local Union or Local Employers Group may request a meeting with the other to consider the hardship in question. Should the Local Union and Local Employers Group agree to amend the Collective Agreement to address the hardship such Agreement shall be made in writing and referred to the Union and MIECO for their endorsement.
Hardship Clause. (standard provision)
