IDENTITY WITH THE PRODUCT Sample Clauses

IDENTITY WITH THE PRODUCT. In the event of a cast album, taping for radio or television broadcast, or radio/television commercial is made by the employer, all members of the orchestra engaged for the live performance shall be offered employment provided that their instruments are utilized in any such activity In the event a cast album of a production is made by an entity other than the Employer, the Employer agrees that the orchestra contractor for the live performance shall enter into a letter of agreement with Local 802 which will provide that, in the event he or she contracts with a record company to provide musicians for such a cast album, he/she will first offer each musician engaged for the live performance the option of working each recording session. This agreement shall be subject to the record company’s having contracted with the contractor for the same or substantially the same orchestra that performed at the live production. Should the record company notify the contractor of its desire to engage musicians other than those engaged for the live production, this should be the subject of discussion between the contractor and the union.
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IDENTITY WITH THE PRODUCT. The parties agree that the Orchestra is an integral part of each mainstage production in Toronto. The Company shall engage the Orchestra whenever possible under the terms of this agreement for productions, concerts and events taking place in South/Central Ontario (as currently defined by the Ontario Arts Council Touring Office) under its auspices which are not part of the Company’s mainstage activities. Some exceptions to this general principle will be: 1. Tours produced by the COC when the majority of locations fall outside of South/Central Ontario. Number of musicians hired will depend on repertoire and ability of venue to accommodate an orchestra 2. Productions or co-productions in Toronto if they occur at the same time as mainstage opera productions for which the orchestra is already engaged. 3. Co-productions in venues covered by other AFM agreement. If the COC is the controlling partner, COC musicians shall be contracted under the terms and conditions of the existing AFM agreement. If COC is not the controlling partner, the COC will use its best endeavours to promote the contracting of COC musicians. Should the Company rely on this exception, then, upon request the Association shall have the right to review the pertinent co-production documents on the understanding that they remain confidential. 4. Special events (meaning a stand-alone event which is not part of the mainstage season) or fundraising galas using foreign or Canadian opera companies touring to Toronto with their own orchestras. 5. Chorus and ensemble concerts, recitals, gigs, Ensemble and education tours and other Company presentations which have not previously required an orchestra.
IDENTITY WITH THE PRODUCT. The parties agree that the Orchestra is an integral part of each mainstage production in Toronto. The COC shall engage the Orchestra whenever possible under the terms of this agreement for productions, concerts and events taking place in South/Central Ontario (as currently defined by the Ontario Arts Council Touring Office) under its auspices which are not part of the COC’s mainstage activities. For any productions, concerts or events where the COC is using the COC Orchestra or is billing the production, concert or event as “Members of the COC Orchestra” or using any similar description or terminology, the terms of this Agreement will be in force. The only exceptions are where the fees and conditions are covered by an existing AFM agreement, or for any of the exceptions detailed below. . * * (See Side Letter #1) 1. Tours produced by the COC when the majority of locations fall outside of South/Central Ontario. Number of musicians hired will depend on repertoire and ability of venue to accommodate an orchestra 2. Productions or co-productions in Toronto if they occur at the same time as mainstage opera productions for which the orchestra is already engaged. 3. Co-productions in venues covered by other AFM agreements. If the COC is the controlling partner, COC musicians shall be contracted under the terms and conditions of the existing AFM agreement. If COC is not the controlling partner, the COC will use its best endeavours to promote the contracting of COC musicians. Should the COC rely on this exception, then, upon request the Association shall have the right to review the pertinent co-production documents on the understanding that they remain confidential. 4. Special events (meaning a stand-alone event which is not part of the mainstage season) or fundraising galas using foreign or Canadian opera companies touring to Toronto with their own orchestras. 5. Chorus and ensemble concerts, recitals, gigs, Ensemble and education tours and other COC presentations which have not previously required an orchestra.

Related to IDENTITY WITH THE PRODUCT

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  • Commercially Useful Function A prime consultant can credit expenditures to a DBE subconsultant toward DBE goals only if the DBE performs a Commercially Useful Function (CUF). A DBE performs a CUF when it is responsible for execution of the work of a contract and carries out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially useful function, the DBE must also be responsible, with respect to materials and supplies on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself that it uses on the project. To determine whether a DBE is performing a commercially useful function, the Department will evaluate the amount of work subcontracted, industry practices, whether the amount the firm is to be paid under the contract is commensurate with the work it is actually performing and the DBE credit claimed for its performance of the work, and other relevant factors. A DBE will not be considered to perform a commercially useful function if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, the Department will examine similar transactions, particularly those in which DBEs do not participate. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its contract with its own work force, or if the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry practice for the type of work involved, the Department will presume that the DBE is not performing a commercially useful function. When a DBE is presumed not to be performing a commercially useful function as provided above, the DBE may present evidence to rebut this presumption. The Department will determine if the firm is performing a CUF given the type of work involved and normal industry practices. The Department will notify the consultant, in writing, if it determines that the consultant’s DBE subconsultant is not performing a CUF. The consultant will be notified within seven calendar days of the Department’s decision. Decisions on CUF may be appealed to the ADOT State Engineer. The appeal must be in writing and personally delivered or sent by certified mail, return receipt requested, to the State Engineer. The appeal must be received by the State Engineer no later than seven calendar days after the decision of XXXX. XXXX’s decision remains in place unless and until the State Engineer reverses or modifies BECO’s decision. ADOT State Engineer will promptly consider any appeals under this subsection and notify the consultant of ADOT’s State Engineer findings and decisions. Decisions on CUF matters are not administratively appealable to USDOT. The BECO may conduct project site visits on the contract to confirm that DBEs are performing a CUF. The consultant shall cooperate during the site visits and the BECO’s staff will make every effort not to disrupt work on the project.

  • Joint Funded Project with the Ohio Department of Transportation In the event that the Recipient does not have contracting authority over project engineering, construction, or right-of-way, the Recipient and the OPWC hereby assign certain responsibilities to the Ohio Department of Transportation, an authorized representative of the State of Ohio. Notwithstanding Sections 4, 6(a), 6(b), 6(c), and 7 of the Project Agreement, Recipient hereby acknowledges that upon notification by the Ohio Department of Transportation, all payments for eligible project costs will be disbursed by the Grantor directly to the Ohio Department of Transportation. A Memorandum of Funds issued by the Ohio Department of Transportation shall be used to certify the estimated project costs. Upon receipt of a Memorandum of Funds from the Ohio Department of Transportation, the OPWC shall transfer funds directly to the Ohio Department of Transportation via an Intra- State Transfer Voucher. The amount or amounts transferred shall be determined by applying the Participation Percentages defined in Appendix D to those eligible project costs within the Memorandum of Funds. In the event that the Project Scope is for right-of-way only, notwithstanding Appendix D, the OPWC shall pay for 100% of the right-of-way costs not to exceed the total financial assistance provided in Appendix C.

  • Information for Regulatory Compliance Each of the Company and the Depositary shall provide to the other, as promptly as practicable, information from its records or otherwise available to it that is reasonably requested by the other to permit the other to comply with applicable law or requirements of governmental or regulatory authorities.

  • CHILD ABUSE REPORTING CONTRACTOR hereby agrees to annually train all staff members, including volunteers, so that they are familiar with and agree to adhere to its own child and dependent adult abuse reporting obligations and procedures as specified in California Penal Code section 11164 et seq. and Education Code 44691. To protect the privacy rights of all parties involved (i.e., reporter, child and alleged abuser), reports will remain confidential as required by law and professional ethical mandates. A written statement acknowledging the legal requirements of such reporting and verification of staff adherence to such reporting shall be submitted to the LEA.

  • Transfer to Comply with the Securities Act This Warrant, and the Warrant Shares, have not been registered under the 1933 Act. This Warrant, the Warrant Shares and any other security issued or issuable upon exercise of this Warrant may only be sold, transferred, pledged or hypothecated (other than to an Affiliate) if (a) there exists an effective registration statement under the 1933 Act relating to such security or (b) the Company has received an opinion of counsel reasonably satisfactory to the Company that registration is not required under the 1933 Act. Until such time as registration has occurred under the 1933 Act, each certificate for this Warrant, the Warrant Shares and any other security issued or issuable upon exercise of this Warrant shall contain a legend, in form and substance satisfactory to counsel for the Company, setting forth the restrictions on transfer contained in this Section 7. Any such transfer shall be accompanied by a transferor assignment substantially in the form attached to this Warrant as Exhibit B (the “Transferor Assignment”), executed by the transferor and the transferee and submitted to the Company. Upon receipt of the duly executed Transferor Assignment, the Company shall register the transferee thereon as the new Holder on the books and records of the Company and such transferee shall be deemed a “registered holder” or “registered assign” for all purposes hereunder, and shall have all the rights of the Holder.

  • Conformity with TIA Each amendment of this Indenture executed under this Article IX will conform to the requirements of the TIA as then in effect so long as this Indenture is qualified under the TIA.

  • Filings with the NYSE The Company will timely file with the NYSE all material documents and notices required by the NYSE of companies that have or will issue securities that are traded on the NYSE.

  • Clinical Data and Regulatory Compliance The preclinical tests and clinical trials, and other studies (collectively, “studies”) that are described in, or the results of which are referred to in, the Registration Statement or the Prospectus were and, if still pending, are being conducted in all material respects in accordance with the protocols, procedures and controls designed and approved for such studies and with standard medical and scientific research procedures; each description of the results of such studies is accurate and complete in all material respects and fairly presents the data derived from such studies, and the Company and its subsidiaries have no knowledge of any other studies the results of which are inconsistent with, or otherwise call into question, the results described or referred to in the Registration Statement or the Prospectus; the Company and its subsidiaries have made all such filings and obtained all such approvals as may be required by the Food and Drug Administration of the U.S. Department of Health and Human Services or any committee thereof or from any other U.S. or foreign government or drug or medical device regulatory agency, or health care facility Institutional Review Board (collectively, the “Regulatory Agencies”); neither the Company nor any of its subsidiaries has received any notice of, or correspondence from, any Regulatory Agency requiring the termination, suspension or modification of any clinical trials that are described or referred to in the Registration Statement or the Prospectus; and the Company and its subsidiaries have each operated and currently are in compliance in all material respects with all applicable rules, regulations and policies of the Regulatory Agencies.

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