Common use of Miscellaneous Procedures Clause in Contracts

Miscellaneous Procedures. 1. Failure by the grievant or the BCEA, if applicable, to observe the time limits contained in the grievance procedure shall result in the loss of right to continue the grievance. 2. Failure by the BOARD to observe the time limits contained in the grievance procedure shall grant the grievant the right to proceed to the next level without prejudice. 3. Should the BOARD intentionally fail to complete the required procedure, the employee-grievant shall immediately be awarded the relief sought. 4. Upon mutual agreement between the parties, the time limits imposed in this procedure may be waived, altered, or extended where such action will assist in the solution of the grievance. Such mutual agreement shall be in written form, signed or initialed by both the grievant and the supervisor or the Superintendent, or his/her designee. An email sent and responded to by both parties, will meet the requirements of this provision. 5. All grievances filed and answers received shall be in writing beyond Level I - Informal. 6. A complete record of each grievance shall be kept which shall include all correspondence related to the grievance including dates and times of meetings and decisions rendered. 7. A copy of all written decisions at each level shall be given to the grievant, The President of BCEA, and the Grievance Committee Chairperson. 8. Grievance records shall be kept separate from the employee's personnel file and no action shall be taken against an employee for participating in the use of the grievance procedure. 9. Unless otherwise approved by the supervisor or Superintendent, or his/her designee, the processing of grievances shall not be scheduled during the regular contracted hours of the aggrieved or any classified employee involved in the particular grievance. 10. Former employees shall have no right to file a grievance after the BOARD has approved the resignation of such former employee. 11. A grievance may be withdrawn by the grievant at any level without prejudice. 12. The following item shall not be the basis for any grievance filed under this grievance procedure: Any claim or complaint for which there is another remedial procedure forum established by law or regulation having the force of law, including any matter subject to the procedures specified in the Revised Code of Ohio. 13. Nothing in this procedure shall be construed to deny the BCEA or its representatives the right to redress before an appropriate administrative agency or through the courts. Nothing contained herein shall deprive any employee of any legal right currently possessed, provided that if the employee elects to pursue any legal or statutory remedy, such election shall bar any further or subsequent procedure for relief under the grievance procedure. 14. The BOARD, the employee and/or the representatives of either shall not be denied the right to legal advice or counsel during the grievance procedure; provided, however, that any physical presence of legal counsel shall be limited to persons appointed by the BOARD or the BCEA through its representatives. 15. In the event an employee fails to appeal a grievance to the next step of this grievance procedure, such failure shall not constitute a precedent against the BCEA in any like or related matter in the future. 16. Any grievance involving payment of compensation that is settled or awarded in favor of the grievant shall be paid by the payroll period following the payroll period in which the settlement/award is made/received.

Miscellaneous Procedures. 1. Failure Xxxxxx's Work and all portions thereof shall be performed in a first class and workmanlike manner in conformity with the working drawings approved by Landlord. Any matters of design criteria or work which are not in conformity with the grievant or working drawings and the BCEAprocedures set forth in this Exhibit "E," in Exhibit "C" and the Standards shall be promptly reported to Landlord's tenant coordinator. Upon completion of Tenant's Work, if applicablethe Premises shall be in good, to observe the time limits contained in the grievance procedure shall result in the loss of right to continue the grievanceclean and usable condition. 2. Failure by the BOARD to observe the time limits contained Tenant's contractor shall provide full time, on-the-job supervision when subcontractors or employees are working in the grievance procedure Premises. The supervisor for Tenant's contractor shall grant be responsible for conformance to all Center regulations regarding tenant construction. All Tenant's Work shall be performed by Xxxxxx's contractor or persons or firms under subcontract to Tenant's general contractor to allow him to maintain control of the grievant work in progress. In the right case of restaurant or other tenants with a separate equipment supplier, the Tenant shall require its general contractor to proceed supervise all trades until the completion and opening of the Premises for business and such supplier shall be a subcontractor to the next level without prejudiceTenant's general contractor. 3. Should Tenant's contractor shall maintain and require all subcontractors to maintain worker's compensation insurance covering all of their respective employees and shall also carry public liability insurance, including property damage, with limits and on forms and in companies approved by Landlord, and the BOARD intentionally fail policies therefor shall insure Landlord and Tenant as well as the contractor. Certificates for all of the foregoing insurance shall be delivered to complete Landlord before construction is started or contractor's equipment is moved onto the required procedure, the employee-grievant shall immediately be awarded the relief soughtsite. 4. Upon mutual agreement between Xxxxxx's contractor shall cooperate with and coordinate scheduling of construction with Xxxxxxxx's tenant coordinator to avoid interference with other construction work in and about the parties, Center or interference with the time limits imposed in this procedure may be waived, altered, or extended where such action will assist in the solution operations of the grievance. Such mutual agreement shall be in written form, signed or initialed by both the grievant Center and the supervisor or the Superintendent, or his/her designee. An email sent and responded to by both parties, will meet the requirements of this provisionits tenants. 5. All grievances filed Upon completion of Tenant's Work, Xxxxxx's contractor or Xxxxxx's architect shall furnish to Landlord one (1) complete set of as-built, reproducible drawings depicting the improvements constructed as Xxxxxx's Work. As-built drawings shall clearly show by means of notes, clouding and answers received shall be in writing beyond Level I - Informal. 6. A complete record of each grievance shall be kept which shall include dates all correspondence related changes to the grievance including dates and times of meetings and decisions renderedconstruction documents. 7. A copy of all written decisions at each level shall be given to the grievant, The President of BCEA, and the Grievance Committee Chairperson. 8. Grievance records shall be kept separate from the employee's personnel file and no action shall be taken against an employee for participating in the use of the grievance procedure. 9. Unless otherwise approved by the supervisor or Superintendent, or his/her designee, the processing of grievances shall not be scheduled during the regular contracted hours of the aggrieved or any classified employee involved in the particular grievance. 10. Former employees shall have no right to file a grievance after the BOARD has approved the resignation of such former employee. 11. A grievance may be withdrawn by the grievant at any level without prejudice. 12. The following item shall not be the basis for any grievance filed under this grievance procedure: Any claim or complaint for which there is another remedial procedure forum established by law or regulation having the force of law, including any matter subject to the procedures specified in the Revised Code of Ohio. 13. Nothing in this procedure shall be construed to deny the BCEA or its representatives the right to redress before an appropriate administrative agency or through the courts. Nothing contained herein shall deprive any employee of any legal right currently possessed, provided that if the employee elects to pursue any legal or statutory remedy, such election shall bar any further or subsequent procedure for relief under the grievance procedure. 14. The BOARD, the employee and/or the representatives of either shall not be denied the right to legal advice or counsel during the grievance procedure; provided, however, that any physical presence of legal counsel shall be limited to persons appointed by the BOARD or the BCEA through its representatives. 15. In the event an employee fails to appeal a grievance to the next step of this grievance procedure, such failure shall not constitute a precedent against the BCEA in any like or related matter in the future. 16. Any grievance involving payment of compensation that is settled or awarded in favor of the grievant shall be paid by the payroll period following the payroll period in which the settlement/award is made/received.

Miscellaneous Procedures. 1. Failure The Bank may establish reasonable additional procedures regarding disbursements and Draw Requests to assure the proceeds of the Construction Loan are paid only to those Persons entitled to the same, and that the liens securing the Obligations are in all cases first and paramount liens on the Property and all other assets of the Borrower, except to the extent, and solely to the extent, provided for herein to the contrary, including, but not limited to, the following procedures in connection with the costs incurred by the grievant Borrower relating to the Total Expansion Facility Costs in excess of the Construction Loan Commitment: (a) A written conditional general lien waiver delivered to the Bank and Disbursing Agent, effective to waive any lien arising under the laws of the State of Iowa, relating to payments made under or pursuant to the BCEACorn Oil Separation Unit Agreement; and (b) A written final general lien waiver delivered to the Bank and Disbursing Agent, effective to waive any lien arising under the laws of the State of Iowa, relating to any final payment made under or pursuant to the Corn Oil Separation Unit Agreement; and (c) A document from the Borrower and, if applicable, the Independent Inspector, requesting and/or approving the amount of the approved construction costs, conformance thereof with the Schedule of Values and the Budget Variance Report delivered to observe the time limits contained in Bank, each as amended to reflect the grievance procedure shall result in terms and provisions of this First Amendment; and (d) Invoices from the loss of right Borrower or ICM, Inc. relating to continue the grievance. 2. Failure Corn Oil Separation Unit Agreement, and such other supporting evidence as may be reasonably requested by the BOARD Bank to observe substantiate all payments which are to be made under the time limits contained in Corn Oil Separation Unit Agreement. Further, the grievance procedure shall grant the grievant the right to proceed Bank may establish reasonable additional procedures regarding disbursements under and pursuant to the next level without prejudice. 3. Should the BOARD intentionally fail to complete the required procedureTerm Notes, the employee-grievant shall immediately be awarded Operating Note, or the relief sought. 4. Upon mutual agreement between Existing Term Notes to assure compliance by the partiesBorrower with the terms and provisions of this Agreement, the time limits imposed in this procedure may be waived, altered, or extended where such action will assist in the solution of the grievance. Such mutual agreement shall be in written form, signed or initialed by both the grievant Loan Documents and the supervisor respective Term Notes, Operating Note or Existing Term Notes, as the Superintendent, or his/her designee. An email sent and responded to by both parties, will meet the requirements of this provisioncase may be. 5. All grievances filed and answers received shall be in writing beyond Level I - Informal. 6. A complete record of each grievance shall be kept which shall include all correspondence related to the grievance including dates and times of meetings and decisions rendered. 7. A copy of all written decisions at each level shall be given to the grievant, The President of BCEA, and the Grievance Committee Chairperson. 8. Grievance records shall be kept separate from the employee's personnel file and no action shall be taken against an employee for participating in the use of the grievance procedure. 9. Unless otherwise approved by the supervisor or Superintendent, or his/her designee, the processing of grievances shall not be scheduled during the regular contracted hours of the aggrieved or any classified employee involved in the particular grievance. 10. Former employees shall have no right to file a grievance after the BOARD has approved the resignation of such former employee. 11. A grievance may be withdrawn by the grievant at any level without prejudice. 12. The following item shall not be the basis for any grievance filed under this grievance procedure: Any claim or complaint for which there is another remedial procedure forum established by law or regulation having the force of law, including any matter subject to the procedures specified in the Revised Code of Ohio. 13. Nothing in this procedure shall be construed to deny the BCEA or its representatives the right to redress before an appropriate administrative agency or through the courts. Nothing contained herein shall deprive any employee of any legal right currently possessed, provided that if the employee elects to pursue any legal or statutory remedy, such election shall bar any further or subsequent procedure for relief under the grievance procedure. 14. The BOARD, the employee and/or the representatives of either shall not be denied the right to legal advice or counsel during the grievance procedure; provided, however, that any physical presence of legal counsel shall be limited to persons appointed by the BOARD or the BCEA through its representatives. 15. In the event an employee fails to appeal a grievance to the next step of this grievance procedure, such failure shall not constitute a precedent against the BCEA in any like or related matter in the future. 16. Any grievance involving payment of compensation that is settled or awarded in favor of the grievant shall be paid by the payroll period following the payroll period in which the settlement/award is made/received.

Miscellaneous Procedures. 1. Failure by the grievant or the BCEA, if applicable, to observe the time limits contained in the grievance procedure shall result in the loss of right to continue the grievance. 2. Failure by the BOARD to observe the time limits contained in the grievance procedure shall grant the grievant the right to proceed to the next level without prejudice. 3. Should the BOARD intentionally fail to complete the required procedure, the employee-grievant shall immediately be awarded the relief sought. 4. Upon mutual agreement between the parties, the time limits imposed in this procedure may be waived, altered, or extended where such action will assist in the solution of the grievance. Such mutual agreement shall be in written form, signed or initialed by both the grievant and the supervisor or the Superintendent, or his/her designee. An email sent and responded to by both parties, will meet the requirements of this provision. 5. All grievances filed and answers received shall be in writing beyond Level I - Informal.I. 6. A complete record of each grievance shall be kept which shall include all correspondence related to the grievance including dates and times of meetings and decisions rendered. 7. A copy of all written decisions at each level shall be given to the grievant, The President of BCEA, grievant and the Grievance Committee Chairperson. 8. Grievance records shall be kept separate from the employee's personnel file and no action shall be taken against an employee for participating in the use of the grievance procedure. 9. Unless otherwise approved by the supervisor or Superintendent, or his/her designee, the processing of grievances shall not be scheduled during the regular contracted hours of the aggrieved or any classified employee involved in the particular grievance. 10. Former employees shall have no right to file a grievance after the BOARD has approved the resignation of such former employee. 11. A grievance may be withdrawn by the grievant at any level without prejudice. 12. The following item shall not be the basis for any grievance filed under this grievance procedure: Any claim or complaint for which there is another remedial procedure forum established by law or regulation having the force of law, including any matter subject to the procedures specified in the Revised Code of Ohio. 13. Nothing in this procedure shall be construed to deny the BCEA or its representatives the right to redress before an appropriate administrative agency or through the courts. Nothing contained herein shall deprive any employee of any legal right currently possessed, provided that if the employee elects to pursue any legal or statutory remedy, such election shall bar any further or subsequent procedure for relief under the grievance procedure. 14. The BOARD, the employee and/or the representatives of either shall not be denied the right to legal advice or counsel during the grievance procedure; provided, however, that any physical presence of legal counsel shall be limited to persons appointed by the BOARD or the BCEA through its representatives. 15. In the event an employee fails to appeal a grievance to the next step of this grievance procedure, such failure shall not constitute a precedent against the BCEA in any like or related matter in the future. 16. Any grievance involving payment of compensation that is settled or awarded in favor of the grievant shall be paid by the payroll period following the payroll period in which the settlement/award is made/received.