MISCELLANEOUS PROVISIONS 40 Sample Clauses

MISCELLANEOUS PROVISIONS 40. Local bargaining‌ 1. Local bargaining requires open dialogue that builds trust and a balanced bargaining position between the employer and the staff representatives. The primary operating model should be willingness to take initiative to find the best possible solutions that promote the interests of both the company and employees and their reconciliation while considering local needs. 2. At the company group level, while considering the mandatory provisions of the law, exceptions concerning the following stipulations of the collective agreement may be agreed: • notwithstanding the stipulations in section 6, it may be agreed that the regular working time is, on average, as set out in subsection 1 of section 6 (e.g. working time bank) • competence development outside the regular working time, as referred to in subsection 9 of section 6 • the monitoring period for flexible working hours, as referred to in subsec- tion 12 of section 6 • stipulations concerning the adjusted working hours, as referred to in sec- tion 7 • exchanging overtime compensation for time off, as referred to in subsec- tion 8 of section 12 • stipulations concerning lunch, as referred to in section 11. • of the provisions in section 25 on the annual leave so that the five-day annual leave week can be adopted so that the annual holiday pay, holi- day compensation and holiday bonus are not reduced. • stipulations concerning holiday bonus and annual leave sabbatical, as referred to in sections 26 and 27. • Provisions of Appendix 5 apply to weekend work and special work loca- tions. • Matters of Appendix 8 which may, according to section 9 of the protocol of pay discussions, be agreed differently. In case of parties other than company groups, companies have a similar right to agree. When a company belongs to a group of companies, the right to agree at the company level applies to the matters referred to hereinabove for which the transfer of the right to agree on exceptions has been agreed at the company group level. The parties in local bargaining are the group of companies and the regis- tered employee associations (Pro, YTN) for groups of undertakings; the reg- istered employer association and registered employee associations (Pro, YTN) for bank groups and the employer and shop xxxxxxx/senior staff rep- resentative for companies. 3. Employee representatives participating in negotiations concerning local agreements have the right to obtain the necessary information related to the matter. 4. N...
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MISCELLANEOUS PROVISIONS 40. Section A. Past Practices 40 Section B. Provisions Contrary To Law 40 Section C. Annexation and Consolidation 40 Section D. Headings 40 Section A. Assignment and Tenure Status 40 Section B. Establishment of New Positions 40 Section C. Coaching Assignments and Resignations 41 Section D. Supplemental Assignment and Resignations 41 Section E. Department Heads 41 Section F. Coaching Experience 41 Section G. Evaluation 41
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Related to MISCELLANEOUS PROVISIONS 40

  • Miscellaneous Provisions The following miscellaneous provisions are a part of this Agreement:

  • Miscellaneous Provision It is hereby understood that, to be entitled to the benefits under this Agreement, the MEMBER hereby waives his/her consent to the disclosure and processing of his/her medical/health information which is determinative for the assessment of his/her coverage and necessary for the treatment of his/her illness. MediCard, its Medical Service Units/Teams and its Accredited Hospitals/Clinics are hereby released from any liability by reason of such disclosure.

  • Governing Law and Miscellaneous Provisions The provisions of Article 7 of the Collateral Trust Agreement will apply with like effect to this Collateral Trust Joinder.

  • Miscellaneous Powers The Trustees shall have the power to: (a) employ or contract with such Persons as the Trustees may deem desirable for the transaction of the business of the Trust; (b) enter into joint ventures, partnerships and any other combinations or associations; (c) purchase, and pay for out of Trust Property, insurance policies insuring the Shareholders, Trustees, officers, employees, agents, investment advisors, distributors, selected dealers or independent contractors of the Trust against all claims arising by reason of holding any such position or by reason of any action taken or omitted by any such Person in such capacity, whether or not constituting negligence, or whether or not the Trust would have the power to indemnify such Person against such liability; (d) establish pension, profit-sharing, share purchase, and other retirement, incentive and benefit plans for any Trustees, officers, employees and agents of the Trust; (e) make donations, irrespective of benefit to the Trust, for charitable, religious, educational, scientific, civic or similar purposes; (f) to the extent permitted by law, indemnify any Person with whom the Trust has dealings, including without limitation any advisor, administrator, manager, transfer agent, custodian, distributor or selected dealer, or any other person as the Trustees may see fit to such extent as the Trustees shall determine; (g) guarantee indebtedness or contractual obligations of others; (h) determine and change the fiscal year of the Trust and the method in which its accounts shall be kept; and (i) adopt a seal for the Trust but the absence of such seal shall not impair the validity of any instrument executed on behalf of the Trust.

  • Miscellaneous Rules 1 The provisions of this Agreement shall not be construed to restrict in any manner any exclusion, exemption, deduction, credit, or other allowances now or hereafter accorded: (a) by the laws of a Contracting State in the determination of the tax imposed by that State; or (b) by any other agreement entered into by a Contracting State.

  • Miscellaneous Terms The term "or" is disjunctive; the term "and" is conjunctive. The term "shall" is mandatory; the term "may" is permissive. Masculine terms also apply to females; feminine terms also apply to males. The term "including" is by way of example and not limitation.

  • Miscellaneous Amendments Notwithstanding anything contained herein to the contrary, whenever any of the terms “Leased Premises”, “Demised Premises” or “Premises” (and whether or not capitalized) is used herein, it shall be understood to mean the “premises leased hereby”; and whenever the term “Entire Premises” is used herein (and whether or not capitalized), it shall be understood to mean all of the contiguous land and buildings owned by Landlord at this location, which include the premises leased hereby. The term “Non-leased Premises” shall mean the Entire Premises less the Leased Premises.

  • MISCELLANEOUS CLAUSES 18.1. No waiver of any right under this Agreement shall be deemed effective unless contained in a written document signed by the Party charged with such waiver, and no waiver of any breach or failure to perform shall be deemed to be a waiver of any other breach or failure to perform or of any other right arising under this Agreement. 18.2. If any provision in this Agreement is agreed by the Parties to be, or is deemed to be, or becomes invalid, illegal, void or unenforceable under any law that is applicable hereto, (i) such provision will be deemed amended to conform to applicable laws so as to be valid and enforceable or, if it cannot be so amended without materially altering the intention of the Parties, it will be deleted, with effect from the date of such agreement or such earlier date as the Parties may agree, and (ii) the validity, legality and enforceability of the remaining provisions of this Agreement shall not be impaired or affected in any way. 18.3. The Parties shall use their respective reasonable endeavours to ensure that the Parties and any necessary Independent Third Party shall do, execute and perform all such further deeds, documents, assurances, acts and things as any of the Parties hereto may reasonably require by notice in writing to the other Party or such Independent Third Party to carry the provisions of this Agreement. 18.4. This Agreement shall be binding upon and enure to the benefit of the Parties hereto, their successors and permitted assigns and sub-licensees. 18.5. No provision of this Agreement shall be construed so as to negate, modify or affect in any way the provisions of any other agreement between the Parties unless specifically referred to, and solely to the extent provided, in any such other agreement. In the event of a conflict between the provisions of this Agreement and the provisions of the Development Agreement, the terms of the Development Agreement shall prevail unless this Agreement specifically provides otherwise. 18.6. No amendment, modification or addition hereto shall be effective or binding on either Party unless set forth in writing and executed by a duly authorised representative of each Party. 18.7. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute this Agreement. 18.8. Each of the Parties undertake to do all things reasonably within its power which are necessary or desirable to give effect to the spirit and intent of this Agreement. 18.9. Each of the Parties hereby acknowledges that in entering into this Agreement it has not relied on any representation or warranty save as expressly set out herein or in any document referred to herein. 18.10. Nothing contained in this Agreement is intended or is to be construed to constitute Elan and the Company as partners, or Elan as an employee of the Company, or the Company as an employee of Elan. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement or undertaking with any Independent Third Party.

  • Miscellaneous Items Borrower shall deliver to Lender such other items, documents and evidences pertaining to the Line of Credit as may reasonably be requested by Lender.

  • Miscellaneous and General Survival.....................................................................49 9.2. Modification or Amendment....................................................50 9.3.

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