Material Violation. A material violation of Sections 8 or 9 shall constitute a material and substantial breach of this Agreement and shall result in the imposition of the Company’s remedies contained in Section 10 herein. Xxxxx acknowledges, represents, and agrees that proof of such personal solicitation by Xxxxx of any employee, client, referral source, or patient shall constitute absolute and conclusive evidence that Xxxxx has substantially and materially breached the provisions of this Agreement.
Material Violation. A proven material violation of this Section 8 shall constitute a material and substantial breach of this Agreement and shall result in the imposition of the Company’s remedies contained in Section 9 herein.
Material Violation. If the Local Union claims that a material violation of this Section III is occurring, with respect to the employees covered by this Agreement, then:
(1) Such Local Union shall immediately notify the designated representative of Producer, the IATSE, the AMPTP and CSATF.
(2) Such Local Union and such representative of the Producer shall immediately settle the dispute or determine whether or not there is a material violation of this provision.
(3) In the event the Local Union and the Producer do not settle the dispute or make such a determination as above provided, then the IATSE, the AMPTP and CSATF must, within twenty-four (24) hours after receipt of such notice of the alleged material violation, determine whether or not there is such a material violation. Such a determination shall be final and binding upon the parties and the employees subject to this Agreement. If it is so determined that there is such a material violation, this studio zone provision: (i) with respect to television films shall be suspended in respect to production of the television episode involved; and (ii) with respect to a theatrical motion picture, shall be suspended in respect to production of the theatrical picture involved for a period of fifteen (15) calendar days following the determination that there is such a material violation. Provided, however, Producer shall not reschedule the shooting from the studio zone to the studio in order to avoid the application of this provision.
(4) Alleged violations of this studio zone provision shall not be subject to the Grievance and Arbitration Procedure of Article 7.
Material Violation. A violation of Sections 6 or 7 shall constitute a material and substantial breach of this Agreement and shall result in the imposition of the Company's remedies contained in Section 11. ANDERS acknowledges that compliance with the provisions of Sections 6 and 7 are necessary to protect the goodwill and proprietary interests of the Company and is a material condition of employment. ANDERS acknowledges and agrees that proof of one such personal solicitation by ANDERS of a patient, referral source, HMO, managed care company, insurance company, supplier or employee, shall constitute absolute and conclusive evidence that ANDERS has substantially and materially breached the provisions of this Agreement.
Material Violation a regulatory violation of a magnitude requiring a Significant Change in order to correct the violation .
Material Violation. A violation of Sections 7 or 8 shall constitute a material and substantial breach of this Agreement and shall result in the imposition of the Company's remedies contained in Section 12. CAMPXX xxxnowledges that compliance with the provisions of Sections 7 and 8 are necessary to protect the goodwill and proprietary interests of the Company and is a material condition of employment.
Material Violation. A violation of this Section 7 shall constitute a material and substantial breach of this Agreement and shall result in the imposition of the Company's remedies contained in Section 9. EARLY acknowledges and agrees that proof of one such personal solicitation by EARLY of a patient, physician referral source, supplier or employee, shall constitute absolute and conclusive evidence that EARLY has substantially and materially breached the provisions of this Agreement.
Material Violation. A proven material violation of this Section 8 shall constitute a material and substantial breach of this Agreement and shall result in the imposition of the Company's remedies contained in Section 9 herein. Executive acknowledges and agrees that proof of one such personal solicitation by Executive, after due notice of a first alleged violation, of a customer, supplier or employee, shall constitute absolute and conclusive evidence that Executive has substantially and materially breached the provisions of this Agreement.
Material Violation. A proven material violation of this Section 6 shall constitute a material and substantial breach of this Agreement and shall result in the imposition of the Company's remedies contained in Section 7 herein. Leglxx xxxnowledges and agrees that proof of more than one such personal solicitation by him, after due notice of the first alleged violation, of a customer or employee, shall constitute absolute and conclusive evidence that Leglxx xxx substantially and materially breached the provisions of this Agreement.
Material Violation. For purposes of Articles VIII and IX, in assessing the materiality of any violation, error, breach, or failure of satisfaction of a condition with respect to determining whether conditions to Closing have been satisfied under this Agreement, the Parties agree that, absent an intent to defraud, an individual instance involving less than $750,000 and aggregated individual instances totaling less than $5,000,000 are not material. GM and AAM hereby further acknowledge and agree that the Ancillary Agreements shall not have any force or effect until the Closing. If the Closing shall not occur for any reason whatsoever, the Ancillary Agreements shall be null and void and of no force or effect.
