Common use of Labor and Employment Agreements Clause in Contracts

Labor and Employment Agreements. Except as set forth in SCHEDULE 4.27: (a) Each of Fan Asylum and its Subsidiaries has paid in full, or fully accrued for in the Financial Statements, the Interim Financial Statements and the Closing Balance Sheet, all wages, overtime wages, salaries, commissions, bonuses, stay-pay benefits, severance payments, vacation payments, pay in lieu of compensatory time and other compensation or remuneration due or to become due to all current and former employees of Fan Asylum and its Subsidiaries for all services performed through the Closing Date by any of them; (b) Upon the Closing Date and/or the date of termination of the employment of any of said employees, neither Fan Asylum, its Subsidiaries nor Purchaser will be liable to any of said current or former employees for "severance pay" or similar form of termination pay or incentive pay; (c) Each of Fan Asylum and its Subsidiaries is in compliance in all material respects with all applicable federal, state, local and foreign laws, rules and regulations relating to the employment of labor, including without limitation, laws, rules and regulations relating to payment of wages, employment and employment practices, terms and conditions of employment, hours, immigration, discrimination, child labor, occupational health and safety, collective bargaining, and other aspects of labor management relations and the payment and withholding of Taxes and other sums required by governmental authorities; (d) There is no unfair labor practice charge pending or threatened against Fan Asylum or its Subsidiaries before the National Labor Relations Board or any other federal, state or local agency or department; (e) There have not been in the past three years and currently are no labor strikes, disputes, slowdowns, sympathy strikes, wildcat strikes, lockouts or other form of work stoppages pending nor, to the knowledge of Fan Asylum, its Subsidiaries and Shareholder threatened against or involving Fan Asylum or its Subsidiaries, and there has not been in the past three years and there currently is no recognitional picketing at any of Fan Asylum's or its Subsidiaries' locations; (f) No grievance or any arbitration proceeding arising out of or under collective bargaining agreements is pending against Fan Asylum or its Subsidiaries and no claim therefor has been asserted; (g) No collective bargaining agreement is currently in place or being negotiated by Fan Asylum or its Subsidiaries; (h) To the knowledge of Fan Asylum, its Subsidiaries and Shareholder, there have been no attempts to organize any employees of Fan Asylum or its Subsidiaries to join a labor organization; (i) No key employee of Fan Asylum or its Subsidiaries or group of such employees has stated an intent to terminate his, her or their employment; (j) No civil action, administrative charge, or any other type of employment claim whatsoever is pending against Fan Asylum or its Subsidiaries in any court, governmental agency, or elsewhere; (k) Fan Asylum has no affirmative action plans with any governmental agency except as set forth on any SCHEDULE 4.12; and (l) There are no employment contracts for a definite term between Fan Asylum and current employees, and all employees work for Fan Asylum on an at will basis.

Labor and Employment Agreements. Except as set forth in SCHEDULE 4.27: (a) Each of Fan Asylum the Company and its Subsidiaries has paid in full, or fully accrued for in the Financial Statements, the Interim Financial Statements and the Closing Balance Sheet, all wages, overtime wages, salaries, commissions, bonuses, stay-pay benefits, severance payments, vacation payments, pay in lieu of compensatory time and other compensation or remuneration due or to become due to all current and former employees of Fan Asylum the Company and its Subsidiaries for all services performed through the Closing Date by any of them; (b) Upon the Closing Date and/or the date of termination of the employment of any of said employees, neither Fan Asylumthe Company, its Subsidiaries nor Purchaser will be liable to any of said current or former employees for "severance pay" or similar form of termination pay or incentive pay; (c) Each of Fan Asylum the Company and its Subsidiaries is in compliance in all material respects with all applicable federal, state, local and foreign laws, rules and regulations relating to the employment of labor, including without limitation, laws, rules and regulations relating to payment of wages, employment and employment practices, terms and conditions of employment, hours, immigration, discrimination, child labor, occupational health and safety, collective bargaining, and other aspects of labor management relations and the payment and withholding of Taxes and other sums required by governmental authorities; (d) There is no unfair labor practice charge pending or threatened against Fan Asylum the Company or its Subsidiaries before the National Labor Relations Board or any other federal, state or local agency or department; (e) There have not been in the past three years and currently are no labor strikes, disputes, slowdowns, sympathy strikes, wildcat strikes, lockouts or other form of work stoppages pending nor, to the knowledge of Fan Asylumthe Company, its Subsidiaries and each Shareholder threatened against or involving Fan Asylum the Company or its Subsidiaries, and there has not been in the past three years and there currently is no recognitional picketing at any of Fan Asylumthe Company's or its Subsidiaries' locations; (f) No grievance or any arbitration proceeding arising out of or under collective bargaining agreements is pending against Fan Asylum or its Subsidiaries and no claim therefor has been asserted; (g) No collective bargaining agreement is currently in place or being negotiated by Fan Asylum or its Subsidiaries; (h) To the knowledge of Fan Asylum, its Subsidiaries and Shareholder, there have been no attempts to organize any employees of Fan Asylum or its Subsidiaries to join a labor organization; (i) No key employee of Fan Asylum or its Subsidiaries or group of such employees has stated an intent to terminate his, her or their employment; (j) No civil action, administrative charge, or any other type of employment claim whatsoever is pending against Fan Asylum or its Subsidiaries in any court, governmental agency, or elsewhere; (k) Fan Asylum has no affirmative action plans with any governmental agency except as set forth on any SCHEDULE 4.12; and (l) There are no employment contracts for a definite term between Fan Asylum and current employees, and all employees work for Fan Asylum on an at will basis.

Labor and Employment Agreements. Except as set forth in SCHEDULE 4.27: The Sellers have disclosed to DSI (ai) Each of Fan Asylum each collective bargaining agreement and its Subsidiaries has paid in fullother labor agreement to which DSS is a party or by which it is bound; (ii) each employment, profit sharing, deferred compensation, bonus, stock option, stock purchase, pension, retainer, consulting, retirement, health, welfare, or fully accrued for in the Financial Statementsincentive plan or contract to which DSS is a party, the Interim Financial Statements or by which it is or may be bound, and the Closing Balance Sheet(iii) each plan and agreement under which “fringe benefits” (including, all wages, overtime wages, salaries, commissions, bonuses, stay-pay benefits, severance paymentsbut not limited to, vacation paymentsplans or programs, pay in lieu of compensatory time sick leave plans or programs, dental or medical plans or programs, and other compensation related or remuneration due or similar benefits) are afforded to become due to all current and former employees of Fan Asylum DSS. DSS is not, and its Subsidiaries for all services performed to the best knowledge of the Sellers, no other party to any such agreement, plan, program or contract is, in default with respect to any material term or condition thereof, nor has any event occurred which through the Closing Date by any passage of them; (b) Upon time or the Closing Date and/or giving of notice, or both, would constitute a default thereunder or would cause the date of termination of the employment acceleration of any obligation of said employees, neither Fan Asylum, its Subsidiaries nor Purchaser will be liable to any of said current or former employees for "severance pay" or similar form of termination pay or incentive pay; (c) Each of Fan Asylum and its Subsidiaries is in compliance party thereto. DSS has complied in all material respects with all applicable federal, state, local and foreign laws, rules and regulations relating to the employment of labor, including without limitation, laws, rules and regulations those relating to payment of wages, employment and employment practices, terms and conditions of employment, hours, immigration, discrimination, child labor, occupational health and safety, collective bargaining, and other aspects of labor management relations bargaining and the payment and withholding of Taxes taxes and other sums as required by appropriate governmental authorities. Except as has been disclosed in writing to DSI, as of the Reference Dates: (a) No unfair labor practice complaint is pending against DSS, no labor strike or other labor trouble affecting DSS is pending, and no labor grievance of any kind is pending against DSS; (db) There No organization or representation question is pending respecting the employees of DSS, and no unfair labor practice charge pending or threatened against Fan Asylum or its Subsidiaries before such question has been raised within the National Labor Relations Board or any other federal, state or local agency or departmentthree (3) year period prior to the Reference Dates; (e) There have not been in the past three years and currently are no labor strikes, disputes, slowdowns, sympathy strikes, wildcat strikes, lockouts or other form of work stoppages pending nor, to the knowledge of Fan Asylum, its Subsidiaries and Shareholder threatened against or involving Fan Asylum or its Subsidiaries, and there has not been in the past three years and there currently is no recognitional picketing at any of Fan Asylum's or its Subsidiaries' locations; (fc) No grievance or any arbitration proceeding arising out of or under collective bargaining agreements is pending against Fan Asylum or its Subsidiaries and no claim therefor has been asserted; (g) No any collective bargaining agreement is currently in place or being negotiated by Fan Asylum or its Subsidiariespending, and to the best knowledge of the Sellers no basis for any such proceeding exists; (hd) To All reasonably anticipated obligations of DSS, whether arising by operation of law, contract, past custom or otherwise, for unemployment compensation benefits, pension benefits, salaries, bonuses, sick leave, vacation and other forms of compensation payable to the knowledge officers, directors and/or other employees of Fan Asylum, its Subsidiaries and Shareholder, there DSS in respect of the services rendered by any of them prior to the date hereof have been no attempts to organize any employees paid or adequate accruals therefor have been made in the books and records and consolidated financial statements of Fan Asylum or its Subsidiaries to join a labor organization; (i) No key employee of Fan Asylum or its Subsidiaries or group of such employees has stated an intent to terminate his, her or their employment; (j) No civil action, administrative charge, or any other type of employment claim whatsoever is pending against Fan Asylum or its Subsidiaries in any court, governmental agency, or elsewhere; (k) Fan Asylum has no affirmative action plans with any governmental agency except as set forth on any SCHEDULE 4.12; and (l) There are no employment contracts for a definite term between Fan Asylum and current employees, and all employees work for Fan Asylum on an at will basisDSS.

Labor and Employment Agreements. Except as set forth in SCHEDULE 4.27: (a) Each Schedule 3.9(a) attached hereto contains a description of Fan Asylum each plan, contract or arrangement under which fringe benefits (including, but not limited to, vacation plans or programs, sick leave plans or programs and related benefits) are afforded to employees of the Company and its Subsidiaries has paid in full, Subsidiaries. Neither the Company nor any Subsidiary is a party to any collective bargaining agreement or fully accrued for in the Financial Statements, the Interim Financial Statements and the Closing Balance Sheet, all wages, overtime wages, salaries, commissions, bonuses, stay-pay benefits, severance payments, vacation payments, pay in lieu of compensatory time and other compensation or remuneration due or to become due to all current and former employees of Fan Asylum and its Subsidiaries for all services performed through the Closing Date by any of them;labor agreement. (b) Upon Schedule 3.9(b) attached hereto contains descriptions of each employment agreement, including any severance arrangements, between the Closing Date and/or the date of termination of the employment of Company or its Subsidiaries and any of said their employees, neither Fan Asylum, its Subsidiaries nor Purchaser will be liable to any of said current or former employees for "severance pay" or similar form of termination pay or incentive pay;. (c) Each of Fan Asylum the Company and its Subsidiaries is in compliance in all material respects with all applicable federal, state, local each Subsidiary has withheld and foreign laws, rules and regulations relating paid to the employment of labor, including without limitation, laws, rules appropriate governmental authorities or is withholding for payment not yet due to such authorities all amounts required to be withheld from its employees and regulations relating to payment is not liable for any arrears of wages, employment and employment practicestaxes, terms and conditions of employment, hours, immigration, discrimination, child labor, occupational health and safety, collective bargaining, and other aspects of labor management relations and the payment and withholding of Taxes and penalties or other sums required by governmental authorities;for failure to comply with any of the foregoing. (d) There is no unfair labor practice charge pending or threatened against Fan Asylum or All accrued obligations of the Company and its Subsidiaries before (whether arising by operation of law, by contract or past custom) for payments by the National Labor Relations Board Company and its Subsidiaries to trusts or other funds or to any governmental agency with respect to unemployment compensation benefits, social security benefits or any other federalbenefits for employees of the Company and its Subsidiaries with respect to employment of those employees have been paid or adequate accruals therefor have been made in the Financial Statements for obligations accrued through the date of such Financial Statements, state or local agency or department;and in the books and records of the Company and its Subsidiaries for obligations accruing after that date. (e) There have not been in All reasonably anticipated material obligations of the Company and its Subsidiaries (whether arising by operation of law by contract, by past three years custom or otherwise) for salaries, vacation and currently are no labor strikesholiday pay, disputessick pay, slowdownsbonuses and other forms of compensation payable to the officers, sympathy strikes, wildcat strikes, lockouts directors or other form of work stoppages pending nor, to the knowledge of Fan Asylum, its Subsidiaries and Shareholder threatened against or involving Fan Asylum or its Subsidiaries, and there has not been in the past three years and there currently is no recognitional picketing at any of Fan Asylum's or its Subsidiaries' locations; (f) No grievance or any arbitration proceeding arising out of or under collective bargaining agreements is pending against Fan Asylum or its Subsidiaries and no claim therefor has been asserted; (g) No collective bargaining agreement is currently in place or being negotiated by Fan Asylum or its Subsidiaries; (h) To the knowledge of Fan Asylum, its Subsidiaries and Shareholder, there have been no attempts to organize any employees of Fan Asylum or its Subsidiaries to join a labor organization; (i) No key employee of Fan Asylum or its Subsidiaries or group of such employees has stated an intent to terminate his, her or their employment; (j) No civil action, administrative charge, or any other type of employment claim whatsoever is pending against Fan Asylum or the Company and its Subsidiaries in respect of the services rendered by any court, governmental agency, of them have been paid or elsewhere; (k) Fan Asylum has no affirmative action plans with any governmental agency except as set forth on any SCHEDULE 4.12; and (l) There are no employment contracts adequate accruals therefor have been made in the Financial Statements for a definite term between Fan Asylum and current employeesobligations accrued through the date of such Financial Statements, and all employees work in the books and records of the Company and its Subsidiaries for Fan Asylum on an at will basisobligations accruing thereafter.

Labor and Employment Agreements. Except as set forth (A) SCHEDULE 3.9(A) attached hereto contains a description of each plan, contract or arrangement (except those described in SCHEDULE 4.27:SECTION 3.10) under which fringe benefits (including, but not limited to, vacation plans or programs, sick leave plans or programs and related benefits) are afforded to employees of the Company or any of the Subsidiaries. Neither the Company nor any Subsidiary is a party to any collective bargaining agreement or other labor agreement. (aB) Each SCHEDULE 3.9(B) attached hereto contains a description of Fan Asylum each employment contract, including any severance arrangements, between the Company or any of the Subsidiaries and its any of their employees. (C) The Company and the Subsidiaries has have withheld and paid in fullto the appropriate governmental authorities or are withholding for payment not yet due to such authorities all amounts required to be withheld from their respective employees and are not liable for any arrears of wages, taxes, penalties or fully other sums for failure to comply with any of the foregoing. (D) All accrued obligations of the Company and the Subsidiaries (whether arising by operation of law, by contract or past custom) for payments by the Company or any Subsidiary, to trusts or other funds or to any governmental agency with respect to unemployment compensation benefits, social security benefits or any other benefits for employees of the Company or any Subsidiary with respect to employment of those employees have been paid or adequate accruals therefor have been made in the Financial StatementsSeptember 30, 1996 financial statements for obligations accrued through the Interim Financial Statements date of such financial statements, and in the books and records of the Company or any Subsidiary for obligations accruing after that date. (E) All reasonably anticipated obligations of the Company and the Closing Balance SheetSubsidiaries (whether arising by operation of law by contract, all wages, overtime wages, by past custom or otherwise) for salaries, commissionsvacation and holiday pay, bonuses, stay-sick pay benefits, severance payments, vacation payments, pay in lieu of compensatory time and other forms of compensation ("Compensation") payable to the officers, directors or remuneration due or to become due to all current and former other employees of Fan Asylum the Company or any Subsidiary in respect of the services rendered by any of them have been paid or adequate accruals therefor have been made in the September 30, 1996 financial statements for obligations accrued through the date of such financial statements and its all reasonably anticipated obligations of the Company and the Subsidiaries for all Compensation and bonuses payable to the officers, directors or other employees of the Company or any Subsidiary in respect of the services performed through rendered by any of them will be made in the financial statements for the month-end immediately preceding the Closing Date by any of them; (b) Upon for obligations accrued from October 1, 1996 through such month-end, and have been made in the Closing Date and/or the date of termination books and records of the employment of any of said employees, neither Fan Asylum, its Subsidiaries nor Purchaser will be liable to any of said current or former employees for "severance pay" or similar form of termination pay or incentive pay; (c) Each of Fan Asylum and its Subsidiaries is in compliance in all material respects with all applicable federal, state, local and foreign laws, rules and regulations relating to the employment of labor, including without limitation, laws, rules and regulations relating to payment of wages, employment and employment practices, terms and conditions of employment, hours, immigration, discrimination, child labor, occupational health and safety, collective bargaining, and other aspects of labor management relations Company and the payment and withholding of Taxes and other sums required by governmental authorities; (d) There is no unfair labor practice charge pending or threatened against Fan Asylum or its Subsidiaries before the National Labor Relations Board or any other federal, state or local agency or department; (e) There have not been in the past three years and currently are no labor strikes, disputes, slowdowns, sympathy strikes, wildcat strikes, lockouts or other form of work stoppages pending nor, to the knowledge of Fan Asylum, its Subsidiaries and Shareholder threatened against or involving Fan Asylum or its Subsidiaries, and there has not been in the past three years and there currently is no recognitional picketing at any of Fan Asylum's or its Subsidiaries' locations; (f) No grievance or any arbitration proceeding arising out of or under collective bargaining agreements is pending against Fan Asylum or its Subsidiaries and no claim therefor has been asserted; (g) No collective bargaining agreement is currently in place or being negotiated by Fan Asylum or its Subsidiaries; (h) To the knowledge of Fan Asylum, its Subsidiaries and Shareholder, there have been no attempts to organize any employees of Fan Asylum or its Subsidiaries to join a labor organization; (i) No key employee of Fan Asylum or its Subsidiaries or group of such employees has stated an intent to terminate his, her or their employment; (j) No civil action, administrative charge, or any other type of employment claim whatsoever is pending against Fan Asylum or its Subsidiaries in any court, governmental agency, or elsewhere; (k) Fan Asylum has no affirmative action plans with any governmental agency except as set forth on any SCHEDULE 4.12; and (l) There are no employment contracts for a definite term between Fan Asylum and current employees, and all employees work for Fan Asylum on an at will basisobligations accruing thereafter.

Labor and Employment Agreements. Except as set forth in SCHEDULE 4.27(a) There are none of the following to which International Fire or the International Fire Subsidiary are party, to-wit: (ai) Each of Fan Asylum and its Subsidiaries has paid in fullCollective bargaining agreements or labor or employment agreements; (ii) Employment, profit sharing, deferred compensation, bonus, pension, retainer, consulting, retirement, health, welfare, or fully accrued for in the Financial Statementsincentive plans or agreements; (iii) Plans or agreements under which "fringe benefits" (including, the Interim Financial Statements and the Closing Balance Sheet, all wages, overtime wages, salaries, commissions, bonuses, stay-pay benefits, severance paymentswithout limitation, vacation paymentsplans or programs, pay in lieu of compensatory time sick leave plans or programs, dental or medical plans or programs and other compensation related or remuneration due or similar benefits) are afforded to become due to all current and former employees of Fan Asylum and its Subsidiaries International Fire or the International Fire Subsidiary; (iv) Informal arrangements or understandings for all services performed through the Closing Date by any payment of them;post-retirement benefits; and (v) There are no employees or agents of or consultants to International Fire or the International Fire Subsidiary who since January 1, 1995, was or is being paid $20,000 or more per year or $2,000 per month. (b) Upon No material organization effort, and no sex discrimination, racial discrimination, age discrimination or other employment- related allegation, claim, suit or proceeding, has been made or is pending with respect to the Closing Date and/or employees of International Fire and to International Fire's knowledge, no such effort, allegation, claim, suit or proceeding has been made, raised or brought prior to the date of termination of the employment of any of said employees, neither Fan Asylum, its Subsidiaries nor Purchaser will be liable to any of said current or former employees for "severance pay" or similar form of termination pay or incentive pay;this Agreement. (c) Each All reasonably anticipated material obligations of Fan Asylum International Fire, whether arising by operation of law, contract, past custom or otherwise, for unemployment compensation benefits, pension benefits, advances, salaries, bonuses, vacation and its Subsidiaries is in compliance in all material respects with all applicable federalholiday pay, state, local sick leave and foreign laws, rules and regulations relating other forms of compensation payable to the employment employees or agents of laborInternational Fire in respect of the services rendered by any of them on or prior to the date of the financial statements attached hereto as Exhibits C and C-1, including without limitationrespectively, lawshave been paid or adequate accruals therefor have been made in the consolidated books and records of International Fire and in the financial statements attached hereto as Exhibits C and C-1, rules and regulations relating as the case may be. All such material obligations in respect of services rendered on or prior to payment the date hereof have been paid as of wagesthe date hereof or adequate accruals therefor have been made. All accrued material obligations of International Fire applicable to its employees, employment and employment practiceswhether arising by operation of law, terms and conditions of employmentcontract, hourspast custom or otherwise, immigrationfor payments to trusts or other funds or to any governmental entity with respect to unemployment compensation benefits, discrimination, child labor, occupational health and safety, collective bargaining, and other aspects of labor management relations and the payment and withholding of Taxes and other sums required by governmental authorities; (d) There is no unfair labor practice charge pending or threatened against Fan Asylum or its Subsidiaries before the National Labor Relations Board social security benefits or any other federalbenefits for employees, state or local agency or department; (e) There have not been in with respect to employment of said employees through the past three years date of the financial statements attached hereto as Exhibits C and currently are no labor strikesC-1, disputesrespectively, slowdowns, sympathy strikes, wildcat strikes, lockouts or other form of work stoppages pending nor, to the knowledge of Fan Asylum, its Subsidiaries and Shareholder threatened against or involving Fan Asylum or its Subsidiaries, and there has not been in the past three years and there currently is no recognitional picketing at any of Fan Asylum's or its Subsidiaries' locations; (f) No grievance or any arbitration proceeding arising out of or under collective bargaining agreements is pending against Fan Asylum or its Subsidiaries and no claim therefor has been asserted; (g) No collective bargaining agreement is currently in place or being negotiated by Fan Asylum or its Subsidiaries; (h) To the knowledge of Fan Asylum, its Subsidiaries and Shareholder, there have been no attempts to organize any employees of Fan Asylum paid or its Subsidiaries to join a labor organization; (i) No key employee of Fan Asylum or its Subsidiaries or group of such employees has stated an intent to terminate his, her or their employment; (j) No civil action, administrative charge, or any other type of employment claim whatsoever is pending against Fan Asylum or its Subsidiaries in any court, governmental agency, or elsewhere; (k) Fan Asylum has no affirmative action plans with any governmental agency except as set forth on any SCHEDULE 4.12; and (l) There are no employment contracts for a definite term between Fan Asylum and current employees, and all employees work for Fan Asylum on an at will basisadequate accruals have been made therefor.

Labor and Employment Agreements. Except as set forth in SCHEDULE 4.27: (a) Each of Fan Asylum the Company and its Subsidiaries has paid in full, or fully accrued for in the Financial Statements, the Interim Financial Statements and the Closing Balance Sheet, all wages, overtime wages, salaries, commissions, bonuses, stay-pay benefits, severance payments, vacation payments, pay in lieu of compensatory time and other compensation or remuneration due or to become due to all current and former employees of Fan Asylum the Company and its Subsidiaries for all services performed through the Closing Date by any of them; (b) Upon the Closing Date and/or the date of termination of the employment of any of said employees, neither Fan Asylumthe Company, its Subsidiaries nor Purchaser will be liable to any of said current or former employees for "severance pay" or similar form of termination pay or incentive pay; (c) Each of Fan Asylum the Company and its Subsidiaries is in compliance in all material respects with all applicable federal, state, local and foreign laws, rules and regulations relating to the employment of labor, including without limitation, laws, rules and regulations relating to payment of wages, employment and employment practices, terms and conditions of employment, hours, immigration, discrimination, child labor, occupational health and safety, collective bargaining, and other aspects of labor management relations and the payment and withholding of Taxes and other sums required by governmental authorities; (d) There is no unfair labor practice charge pending or threatened against Fan Asylum the Company or its Subsidiaries before the National Labor Relations Board or any other federal, state or local agency or department; (e) There have not been in the past three years and currently are no labor strikes, disputes, slowdowns, sympathy strikes, wildcat strikes, lockouts or other form of work stoppages pending nor, to the knowledge of Fan Asylum, its Subsidiaries and each Shareholder threatened against or involving Fan Asylum the Company or its Subsidiaries, and there has not been in the past three years and there currently is no recognitional picketing at any of Fan Asylumthe Company's or its Subsidiaries' locations; (f) No grievance or any arbitration proceeding arising out of or under collective bargaining agreements is pending against Fan Asylum the Company or its Subsidiaries and no claim therefor has been asserted; (g) No collective bargaining agreement is currently in place or being negotiated by Fan Asylum the Company or its Subsidiaries; (h) To the knowledge of Fan Asylum, its Subsidiaries and each Shareholder, there have been no attempts to organize any employees of Fan Asylum the Company or its Subsidiaries to join a labor organization; (i) No key employee of Fan Asylum the Company or its Subsidiaries or group of such employees has stated an intent to terminate his, her or their employment; (j) No civil action, administrative charge, or any other type of employment claim whatsoever is pending against Fan Asylum the Company or its Subsidiaries in any court, governmental agency, or elsewhere; (k) Fan Asylum the Company has no affirmative action plans with any governmental agency except as set forth on any SCHEDULE 4.12; and (l) There are no employment contracts for a definite term between Fan Asylum the Company and current employees, and all employees work for Fan Asylum the Company on an at will basis.