Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.
MISCELLANOUS 31.1 The Agreement constitutes the entire agreement between the parties and supersedes all previous discussions, correspondence and negotiations between them relating to the Deliverables.
31.2 If delivery has been agreed according to INCOTERMS, the latest version in force at the date the Agreement was entered into shall apply.
M iscellaneous 14.1. In the event of any inconsistency, discrepancy, misstatement or error appearing in translations of the particulars and the Online Terms and Conditions to any other language (if any), the Online Terms and Conditions in the English language shall prevail.
GENERAL AND MISCELLANEOUS (a) Reasonable refreshments, during hours of duty, will be permitted in designated areas, which may be inside or outside the facility, provided an employee shall not leave the job to indulge in such refreshments without permission. Smoking will not be permitted within an Aer Lingus facility. New laws and/or local regulations governing smoking shall prevail for all locations outside the facility.
(b) The Company agrees that there shall be no established maximum age limit for the hiring of employees.
(c) Service records shall be maintained for all employees by the Company, and upon resignation or discharge from the service the employee, upon request, will be furnished with a letter of same. In discharge cases the employee and his District Representative will have access to the service records applicable to the case prior to the holding of any investigation. In cases where it is necessary that an employee should be warned due to the caliber of his work and/or the general performance of his duties, such warning will be made to the employee in writing with a copy to the District #142 General Chairman, and the employee will be given a reasonable length of time to correct the matter. Service and/or personnel records will be made available for examination during non-working hours upon request by an employee covered by this Agreement or from a General Chairman of the District. Disciplinary letters will be removed from an employee’s personnel file after one (1) year two (2) years provided that the employee has had a clean record in the one (1) two (2) year period.
(d) Employees who fail to wear proper uniforms and/or equipment pursuant to Paragraph (d) will not be permitted to work and will not be paid for the time lost for the first and second warning. In the event of a third or subsequent warning, the employee will be subject to discipline up to and including discharge.
(e) Supervisory Personnel, including Team Leaders, shall not perform work under the contract except in the case of emergency.
(f) A place shall be provided inside of all Company work areas marked “International Association of Machinists” where Union notices of interest employees may be posted; however, no political circulars, propaganda or advertisements will be placed on these bulletin boards.
(g) The Company shall provide each employee covered by this Agreement with a copy of the Agreement.
(h) All orders or assignments of work issues to personnel shall be relayed through the respective Supervisor or Senior Agent, to eliminate misunderstanding or disorder.
(i) Nothing in this Agreement shall prevent the Company from paying to an individual employee hereunder, a higher rate of compensation than the rate established in this Agreement.
(j) It is understood and agreed that the Company will not lock out any employee covered hereby, and the Union will not authorize or take part in any strike or picketing of the Company premises during the life of this Agreement, until the procedures for settling disputes as provided herein and as provided by the Railway Labor Act, as amended, have been exhausted.
(k) It is forbidden for any employee to engage in drinking alcoholic beverages while in uniform or when on duty, or to come to work under the influence of alcohol, or use of illegal drugs.
(l) The Company should make available to all employees hereunder an up-to-date Personnel Manual.
(m) In the event of inclement weather employees hereunder shall not be treated in a discriminatory manner as compared to the general policy implemented for non-Union staff.
(n) During the life of this Agreement, travel privileges will not be discontinued while they generally remain available to other employees of the Company.
(o) It shall not be considered a violation of the Agreement for the Company to sell its products on-line.
(p) Staff will be required to pay fines imposed by the Port Authority/Federal Agency for unauthorized access to restricted areas, improper use of identification Cards and similar types of conduct. Fines for lost ID’s will be paid by the Company on the first occasion; any fines for subsequent loss will be paid by the employee. In accordance with past practice, the Company will assist its employees in dealing with the agencies involved regarding such fines. The Company will provide necessary information to its employees regarding restrictions on ID use.
(q) Effective January 1, 2019, and for the term of this Agreement, the Company will start a program that provides paid vision insurance for all employees under this agreement with an implementation date yet to be determined. For all new-hire employees hired after the date of signing of this Agreement, there shall be a twelve (12) month waiting period to enroll. All plan guidelines are covered by, and contained in, the plan document controlled by the Company. Additional tiered coverage shall also be made available to family members of the employee at a cost that will be paid by the employee. Any annual cost increases to the vision coverage for additional family members, shall be controlled by the plan document and communicated concurrently during the annual enrollment.
(r) Aer Lingus will guarantee for the life of the contract any employee covered by this contract who is currently working at the Jericho facility a job in a brick and mortar location if they choose. This may not necessarily be at the current location but within a 50-mile radius. The IAM agrees the minimum staffing levels in employees covered by this agreement can reduce by attrition. The Company will no longer be required to back fill to maintain 15 full-time positions in the brick and mortar call center. The brick and mortar call center staffing level can drop below 5 full time employees under the Reservations Agent Agreement (Senior Reservations Agents, Reservations Agents, Ticketing Agent, and Senior Cargo Reservation Agent) provided that any of those 5 employees have requested to work from home. Before the brick and mortar call center staffing level can drop below 5 full-time employees under the Reservations Agent Agreement (Senior Reservations Agent, Reservations Agent, Ticketing Agent, Senior Cargo Reservations Agent, and Cargo Reservations Agent) the Company will be required to agree and discuss with the union a new full-time staff minimum. If there is no agreement, then it will be resolved through the grievance process. The Company will have the right to operate a single shift operation Monday – Friday at the brick and mortar call center and operate the call center remotely on Saturdays, Sundays, holidays and evenings after 6:00 p.m. The closing shift Senior Agent and weekend Senior Agent will work remotely. When Senior Agents who are working remotely are at lunch or experiencing any technical malfunctions and there is a requirement for an upgrade and there is no available qualified staff member in the brick and mortar call center, the most senior staff member covered by this Agreement who is working remotely will be upgraded. If there is no available staff member covered by this Agreement, the most senior staff member covered by the Reservations Associates Agreement may be upgraded.
Miscellany This Agreement represents the entire agreement between the Artist and The Gallery. If any part of this Agreement is held to be illegal, void, or unenforceable for any reason, such holding shall not affect the validity and enforceability of any other part. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. This Agreement shall not be assigned, nor shall it inure to the benefit of the successors of The Gallery, whether by operation of law or otherwise, without the prior written consent of the Artist. In any proceeding to enforce any part of this contract, the aggrieved party shall be entitled to reasonable attorney's fees in addition to any available remedy.
Miscellaneous Expenses Board members may seek reimbursement for other expenses incurred while attending a meeting sponsored by organizations described herein by fully describing the expenses on the expense form, attaching receipts.
Miscellaneous Requirements A. To comply with Texas Health and Safety Code, §85.113 and §85.115 concerning workplace and confidentiality guidelines for persons with AIDS or HIV.
B. To comply with applicable provisions of the Clean Air Act (42 U.S.C. §7401-7671q) and the Federal Water Pollution Control Act (33 U.S.C. §1251-1387), if funding for the Contract exceeds $100,000.
C. That in accordance with §2155.4441, Texas Government Code, the Contractor shall, in performing any service under this Contract, purchase products and materials produced in Texas when they are available at a comparable price and in a comparable period to products and materials produced outside of Texas.
D. To make a good faith effort to utilize historically underutilized businesses ("HUBs") when subcontracting. Some methods for locating HUBs include using searchable HUB databases at the Texas Comptroller of Public Accounts' website, using websites or other minority/women directory listings maintained by local xxxxxxxx of commerce, advertising subcontract work in local minority publications or contacting HHSC for assistance in locating available HUBs.
E. That except as provided in the paragraphs below, the Contractor must not use HHSC's name, the State of Texas or refer to HHSC or the State directly or indirectly in any media release, public announcement, or public disclosure relating to this Contract or its subject matter, including, but not limited to, in any promotional or marketing materials, customer lists or business presentations (other than those submitted to HHSC, an administrative agency of the State of Texas, or a governmental agency or unit of another state or the Federal Government). The Contractor may publish, at its sole expense, results of Contractor performance under this Contract with HHSC's prior review and approval, which HHSC may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from HHSC and any Federal agency, as appropriate. The Contractor will provide HHSC at least 3 copies of such publication prior to public release. The Contractor will provide additional copies at the request of HHSC. The Contractor may include information concerning this Contract's terms, subject matter, and estimated value in any report to a governmental body to which the law requires the Contractor to report such information. The Contractor must not use HHSC’s logo under any circumstances.
Information: miscellaneous The Owner must supply to the Facility Agent, in electronic form by email attachments or hard copy (and, if in hard copy, in sufficient copies for all of the Lenders), subject to any duty of confidentiality which it may have to third parties (whom it will promptly approach in order to seek any necessary consents where applicable):
(a) copies of all documents despatched by it to its creditors (other than trade creditors) generally or any class of them at the same time as they are despatched;
(b) copies of all reports provided to the Owner by the Manager pursuant to the Management Agreement, in each case, within five (5) Business Days of receipt of such report by the Owner and if, in the opinion of the Facility Agent (acting reasonably), any additional technical report is necessary, the Owner will procure such report;
(c) as soon as reasonably practicable on becoming aware of them, details of any litigation, arbitration or administrative proceedings which are current, pending or, to the best of its knowledge and belief, threatened against it and which, in each case, would have a Material Adverse Effect (in the opinion of the Facility Agent acting on the instructions of the Majority Lenders);
(d) as soon as reasonably practicable on request, such further information, in electronic form by email attachments or hard copy (and, if in hard copy, in sufficient copies for all of the Lenders), regarding the financial condition and operations of the Owner or regarding any matter relevant to, or to any provision of, a Finance Document as the Facility Agent may reasonably request;
(e) as soon as reasonably practicable on becoming aware of them, details of any event or circumstance which is a Force Majeure Event;
(f) promptly on becoming aware of them, details of any event which has a Material Adverse Effect;
(g) as soon as they are available, copies of any notice of default, termination, material dispute or claim (including notices provided by the Charterer under the terms of a Drilling Charter) made against it under the Shipbuilding Contract, the Drilling Charter, any Refund Guarantee or under the Owner’s Shipbuilding Contract Guarantee or affecting the Vessel together with details of any action it proposes to take in relation to the same and notice of any charterhire reduction or proposed charterhire reduction under the terms of a Drilling Charter;
(h) as soon as they are available, copies of any notice of default, termination or material claim made against it under the Management Agreement together with details of any action it proposes to take in relation to the same and, upon becoming aware of the same, notification of any strikes or industrial action taken or proposed to be taken by the Manager or its employees, subcontractors or personnel from time to time which has or may reasonably be expected to have a Material Adverse Effect;
(i) promptly on becoming aware of them, details of any damage to or destruction of the Vessel or any breakdown of any part of the Vessel, where the cost of repair or reinstatement is likely to exceed US$10,000,000 or where the cumulative cost of repair or reinstatement of damage to or destruction of the Vessel during the previous six months is likely to exceed US$10,000,000;
(j) promptly on becoming aware of them, details of any proposal for an amendment or waiver of a Related Contract other than amendments or waivers of an administrative or non-material nature; and
(k) upon request by the Facility Agent, copies of all Transaction Authorisations (if any) obtained by it.
Miscellaneous Charges Miscellaneous Charges apply for the following miscellaneous services when provided with LIS trunks. Exhibit A includes a reference to the Tariff, catalog, price list, or other similar document that provides the amount of each Miscellaneous Charge.
7.3.5.1 Cancellation charges apply to cancelled LIS trunk orders based upon critical dates, terms and conditions in accordance with the Access Service Tariff Section 5.2.3 and trunk nonrecurring charges referenced in this Agreement.
7.3.5.2 Expedite requests for LIS trunk orders are available. Expedites are requests for intervals that are shorter than the interval defined in CenturyLink's Service Interval Guide (SIG) or Individual Case Basis (ICB) Due Dates. When expedites are approved, expedite charges apply per order for every day that the Due Date interval is shortened, based on the standard interval in the SIG or based on ICB criteria for Due Dates. Expedite charges apply to LIS trunk orders based on the rates described in Exhibit A.
7.3.5.2.1 CLEC will request an expedite for LIS trunks, including an expedited Due Date, on the Access Service Request (ASR).
7.3.5.2.2 The request for an expedite will be approved only when resources are available and the request meets the criteria outlined in the Pre- Approved Expedite Process in CenturyLink's Product Catalog at CenturyLink's wholesale web site.
7.3.5.3 Additional testing, including cooperative acceptance testing, automatic scheduled testing, cooperative scheduled testing, manual scheduled testing, and non- scheduled testing, is available for LIS trunks.
Trainings Appointment of any length involving two (2) or more Consumers who might need to split up to join different trainings, group discussions, etc.
