Loaned Employees. If there is a vacancy in a job position above a certain grade (but below the level of the Executive Officers) in the Partnership (such grade to be established by the Partnership Governance Committee), either General Partner shall be entitled to nominate one of its (or its Affiliate's) own employees to fill such vacancy for a fixed period of up to three years, subject to renewal or extension by the CEO with the consent of each General Partner. The selection of a nominating General Partner's (or its Affiliate's) employee to fill a Partnership vacancy and all of the terms of such selection and the nominated employee's service shall be subject to the approval and control of the CEO; provided, however, that the selection and appointment of a nominating General Partner's (or its Affiliate's) employee to fill a vacancy shall be confirmed by Partnership Governance Committee Action. A nominating General Partner's (or its Affiliate's) employee who fills a Partnership vacancy shall in all respects perform as an employee of the Partnership and, as such, shall have the duties to the Partnership and the General Partners set forth or referred to in Section 4.4. (and each General Partner shall at all times cause all of its (or its Affiliate's) employees on loan to the Partnership to perform in a manner consistent with the requirements of Section 4.4.); provided, however, that such employees shall continue to participate in the compensation and benefit plans of the nominating General Partner or its Affiliate. Each General Partner shall at any one time have no more than 10 of its (or its Affiliate's) employees filling Partnership vacancies. The Partnership shall compensate the nominating General Partner (or its Affiliate) for the services of the employee in accordance with terms determined by the nominating General Partner and the CEO prior to the employee's commencing work for the Partnership.
Loaned Employees. (a) If specifically requested in connection with the provision of Services, Service Provider shall loan one or more of its employees to such Client Company, provided that such loan shall not, in the sole discretion of Service Provider, interfere with or impair Service Provider's utility responsibilities or business operations, as the case may be. After the commencement thereof, any such loaned employees may be withdrawn by Service Provider from tasks duly assigned by Client Company, prior to completion thereof as contemplated in the associated Service Request, only with the consent of Client Company (which shall not be unreasonably withheld or delayed), except in the event of a demonstrable emergency requiring the use of any such employees in another capacity for Service Provider.
(b) While performing work on behalf of Client Company, any such loaned employees shall be under its supervision and control, and Client Company shall be responsible for their actions to the same extent as though such persons were its employees (it being understood that such persons shall nevertheless remain employees of Service Provider and nothing herein shall be construed as creating an employer-employee relationship between any Client Company and any loaned employees). Accordingly, for the duration of any such loan, Service Provider shall continue to provide its loaned employees with the same payroll, pension, savings, tax withholding, unemployment, bookkeeping and other personnel support services then being provided by Service Provider to its other employees.
Loaned Employees. Purchaser and LodgeWorks will enter into a Loaned Employees Agreement at the Primary Closing for the purpose of providing additional transition resources to Purchaser.
Loaned Employees. Notwithstanding the provisions of Section 12.09 hereof, but subject to the provisions hereof relating to the Partnership's Operating Budget, the Managing Partner shall have the express right and authority to fill the staffing needs of the Partnership by causing employees of (i) the Managing Partner, (ii) the partners of the Managing Partner, (iii) Affiliates of the partners of the Managing Partner, (iv) Ardee or (v) Affiliates of Ardee to provide services to the Partnership on a full- or part-time basis. Each such employee who is so loaned to the Partnership shall have all or such appropriate portion of his or her salary and benefit costs reimbursed by the Partnership to the actual employer of such employee. The Managing Partner shall include in the proposed Operating Budget submitted pursuant to the provisions of Section 12.04 hereof for each Amphitheater Fiscal Year a list identifying each employee that is then being loan to the Partnership pursuant to the provisions of this Section 12.10 and the details as to the portion of his or her salary and benefit costs being reimbursed by the Partnership to the actual employer of such employee.
Loaned Employees. Seller shall supply the services of the Transferred Employees identified in Schedule 5.6(e) ("Loaned Employees") to Buyer commencing as of the Effective Time pursuant to the Loaned Employee Agreement. Each Loaned Employee shall commence employment with Buyer upon the termination of the Loaned Employee's services under the Loaned Employee Agreement; provided, however, that Buyer shall not be required to offer employment to or to employ any Loaned Employee if such Loaned Employee's employment with Seller terminates while such Loaned Employee is supplying services under the Loaned Employee Agreement for a reason other than such Loaned Employee's commencement of employment with Buyer. The terms and conditions of employment set out in Schedule 5.6(c) shall apply to Loaned Employees upon their Hire Date.
Loaned Employees. Except as provided in Section 11.2, the selection of a Member's (or its Affiliate's) employee to fill a job position of the Company's and all of the terms of such selection and the nominated employee's service (i) shall be subject to the approval and control of the Manager, (ii) shall be subject to the applicable provisions of Section 3.9 hereof and (iii) shall require a written agreement between the Company and the Member. It is anticipated that such employees shall continue to participate in the compensation and benefit plans of the nominating Member.
Loaned Employees. Upon request by the Company, each Member, their subsidiaries and Affiliates may from time to time loan employees to the Company or any subsidiary on terms to be agreed.
Loaned Employees. As of the Closing, the employees of Seller or its affiliates currently loaned to the Company to perform various agreed-upon activities on its behalf shall continue in such capacity in a manner consistent in all material respects with past practice; provided, however, that, to the extent Seller may request the return of such employees under the existing arrangements in respect thereof after the Closing Date, (i) Seller shall pay the reasonable relocation costs of such employees unless (x) such request is made within 30 days after the Closing Date or (y) the term of the existing arrangements in respect of such employees expires, in which case Buyer shall pay such reasonable relocation costs, and (ii) Seller shall provide Buyer with six months prior written notice of any such request of the return of such employees. Seller agrees to use its reasonable efforts to effect a smooth transition in the event of such a return of such employees. Notwithstanding the foregoing, in the event Buyer terminates such arrangement or such employees resign their respective positions for good and valid reason, Buyer agrees to pay any reasonable relocation costs of such employees.
Loaned Employees. If the Board and a Holder agree that a Holder or its Affiliate will loan an employee on a full- or part-time basis to JVC, then JVC shall reimburse the lender for the salary and benefits actually paid to such employee during the period loaned to JVC, pro-rated based on the percentage of time the employee works for JVC. JVC shall not bear any other costs of loaned employees.
Loaned Employees. Notwithstanding the provisions of Section 12.07 hereof, but subject to the provisions hereof relating to the Partnership's Operating Budget, the Managing Partner shall have the express right and authority to fill the staffing needs of the Partnership by causing employees of the Managing Partner, the partners of the Managing Partner, Affiliates of the partners of the Managing Partner, Cellar Door or Affiliates of Cellar Door to provide services to the Partnership on a full or part-time basis. Each such employee who is so loaned to the Partnership shall have all or such appropriate portion of his or her salary and benefit costs reimbursed by the Partnership to the actual employer of such employee. Upon request of Cellar Door, the Managing Partner shall provide a list of all individuals who have been loaned to the Partnership pursuant to the provisions of this Section 12.08 and the details as to the compensation arrangement for each such individual.
