INJURY OR ILLNESS IN THE LINE OF DUTY Sample Clauses

INJURY OR ILLNESS IN THE LINE OF DUTY. ‌ (A) When any employee covered by this Agreement contracts an illness or suffers an injury arising out of the performance of his or her duties, which does not permanently disable him/her from performing all of the duties of a fire fighter of the Middletown Fire Department, such employee shall be entitled to and shall receive the benefits set forth in Rhode Island General Laws, Chapter 45-19-1 during the period of his/her incapacity. (B) When any employee covered by this Agreement contracts an illness or suffers any injury arising out of the performance of his or her duties, which permanently disables him/her from performing all of his/her duties as a fire fighter of the Middletown Fire Department, such employee shall be retired on disability pension at a rate of 66 2/3% of his/her final salary as defined in the applicable Pension Plan document, which may include some or all of the following and shall be the same as the basis for calculating a regular pension: wages, longevity, overtime, holiday pay, EMT pay, leave sellback. In addition thereto, the Town shall pay all medical, surgical, dental, optical, or other attendance or treatment, nurses and hospital services, medicines, crutches and apparatus, as may be necessary and which related to the illness or injury which disabled such employee. (C) If the Town questions the disability of any employee, the Town shall have the right to have such employee examined by a physician of its selection. If the physician selected by the Town finds that the employee is not disabled from performing all of the duties of a fire fighter of the Middletown Fire Department, the employee shall be entitled to be examined by his/her own personal physician. Upon receipt of written notice from the Town physician that the employee is no longer disabled, the employee or union shall have five (5) weekdays to notify the Town of his/her intent to seek an alternate physician’s opinion. If the opinion of the employee's personal physician is in conflict with that of the Town's physician as to whether or not the employee is disabled from performing all of the duties of a fire fighter of the Middletown Fire Department, then a third physician, mutually agreeable to the Town's physician and the employee's personal physician, shall be selected within forty-five (45) days. The third physician shall examine said employee promptly, and the opinion of the physician so selected shall be conclusive and binding on the Town and Employee. If the third ph...
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INJURY OR ILLNESS IN THE LINE OF DUTY. 1. Any Employee acquiring an injury or illness in the line of duty shall receive full pay, privileges and benefits to a maximum of three hundred sixty- five (365) days. Such sick leave shall not be chargeable against the Employee’s sick time. At the expiration of ninety (90) days of continuous sick leave, from the date of initial injury, the Employee shall provide the Employer with certification from a licensed physician that the Employee still suffers a disability and cannot resume his/her full duty. The Employer reserves the option to have the Employee examined by a licensed physician of its choice in order to return to work. Such procedure shall or may be implemented at ninety (90) day intervals until the expiration of three hundred sixty-five (365) days. 2. With respect to injury or illness occurring in the line of duty after two (2) consecutive days of sick leave, the Employee shall be required to present a physician’s certificate indicating the nature of the illness or injury and the extent of absence anticipated. The Director of Public Safety and/or Chief of Police may, at any time, require an independent medical, dental or psychiatric examination, as the case may be, in effort to verify the illness complained of. 3. In the event of a conflict between the Employee, his expert and the Employer and its expert, the Employee is entitled to a hearing in order to determine his fitness to return to duty and his eligibility for retirement. The hearing shall be scheduled by the Director of Public Safety, or his designee, giving the parties a reasonable opportunity to prepare. The hearing shall be conducted fairly with a liberal interpretation of the Rules of Evidence. The Director of Public Safety, or his designee, shall render his decision within fifteen (15) days after the conclusion of the hearing. The decision of the of the Director of Public Safety, or his designee, shall be by memorialized in writing, and the Employee involved shall have the right to arbitrate a grievance pursuant to Article 21, Section D from any adverse decision of the Director of Public Safety, or his designee, within twenty (20) days of the date of delivery to the Employee as set forth below of the written decision.. A copy of the written decision shall be delivered to the individual Employee concerned, or his/her representative, by certified mail, return receipt requested, within ten (10) days of the date of aforesaid decision. 4. Any job related illness or injury which, in the op...
INJURY OR ILLNESS IN THE LINE OF DUTY. County shall comply with the provisions of all pertinent Workers Compensation 8 Laws and the Americans with Disabilities Act. The County shall promulgate and distribute 9 procedures to be followed when an employee is injured or becomes ill in the line of duty. 10 Such procedures shall be provided to the Association and included in the County 11 administrative manual.
INJURY OR ILLNESS IN THE LINE OF DUTY. 2 Milwaukee County shall comply with the provisions of all pertinent Workers Compensation

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  • No Consequential Damages Other than the Liquidated Damages heretofore described and the indemnity obligations set forth in Article 18.1, in no event shall any Party be liable under any provision of this Agreement for any losses, damages, costs or expenses for any special, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profit or revenue, loss of the use of equipment, cost of capital, cost of temporary equipment or services, whether based in whole or in part in contract, in tort, including negligence, strict liability, or any other theory of liability; provided, however, that damages for which a Party may be liable to another Party under separate agreement will not be considered to be special, indirect, incidental, or consequential damages hereunder.

  • Indemnification by Licensor Licensor shall defend, indemnify and hold harmless Licensee and its Affiliates, and their respective officers, directors, employees, agents, shareholders, successors and assigns, (collectively, the “Licensee Parties”) from and against any claim, suit, demand or action (“Action”), and any and all direct losses suffered or incurred by Licensee in connection with any third party claims (a) arising out of or resulting from any breach by Licensor of any provision of this Agreement or (b) that use of the Licensed Marks by Licensee in accordance with the terms and conditions of this Agreement infringes or otherwise violates a third party’s Trademarks. Licensor’s obligation to indemnify Licensee shall be conditioned on (a) Licensee’s provision to Licensor of prompt notice of such an Action (except where any delay does not materially prejudice Licensor); (b) Licensee’s reasonable cooperation with Licensor in the defense and settlement of such an Action at Licensor’s cost; and (c) Licensor having exclusive control of the defense, settlement and/or compromise of such an Action (provided that Licensor may not settle any Action in a manner that adversely affects Licensee without Licensee’s prior written consent, not to be unreasonably withheld or delayed).

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  • Indemnification with Respect to Prohibited Transactions or Loss of REMIC Status Upon the occurrence of an Adverse REMIC Event due to the negligent performance by either the Securities Administrator or the Master Servicer of its duties and obligations set forth herein, the Securities Administrator or the Master Servicer, as applicable, shall indemnify the Certificateholders of the related Residual Certificate against any and all losses, claims, damages, liabilities or expenses (“Losses”) resulting from such negligence; provided, however, that neither the Securities Administrator nor the Master Servicer shall be liable for any such Losses attributable to the action or inaction of the Depositor, the Trustee or the Holder of the Residual Certificate, nor for any such Losses resulting from misinformation provided by any of the foregoing parties on which the Securities Administrator or the Master Servicer, as applicable, has relied. Notwithstanding the foregoing, however, in no event shall the Securities Administrator or the Master Servicer have any liability (1) for any action or omission that is taken in accordance with and in compliance with the express terms of, or which is expressly permitted by the terms of, this Agreement or under any Servicing Agreement, (2) for any Losses other than arising out of malfeasance, willful misconduct or negligent performance by the Securities Administrator or the Master Servicer, as applicable, of its duties and obligations set forth herein, and (3) for any special or consequential damages to Certificateholders of the related Residual Certificate (in addition to payment of principal and interest on the Certificates).

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  • Indemnification of Third Party Claims The obligations and liabilities of any party to indemnify any other under this Article 6 with respect to Claims relating to third parties shall be subject to the following terms and conditions:

  • Liability for Incidental and Consequential Damages Contractor shall be responsible for incidental and consequential damages resulting in whole or in part from Contractor’s acts or omissions.

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