Right to Participate in Defense Without limiting Section 10.3.2(a), any Indemnified Party shall be entitled to participate in, but not control, the defense of such Third Party Claim and to employ counsel of its choice for such purpose; provided, however, that such employment shall be at the Indemnified Party's own expense unless (i) the employment thereof has been specifically authorized by the indemnifying Party in writing or (ii) the indemnifying Party has failed to assume the defense and employ counsel in accordance with Section 10.3.2 (a) (in which case the Indemnified Party shall control the defense).
Right to Participate The indemnified party agrees to afford the indemnifying party and its counsel the opportunity to be present at, and to participate in, conferences with all persons, including Governmental Authorities, asserting any Indemnity Claim against the indemnified party or conferences with representatives of or counsel for such persons.
Agreement not to Participate in Company’s Competitors During Executive’s employment with the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company or any of its Affiliates (as defined below). Ownership by Executive, in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section. For purposes of this Agreement, “Affiliate,” means, with respect to any specific entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such specified entity.
No Effect on Employee Benefit Plans or Programs The termination of the Executive's employment during the term of this Agreement or thereafter, whether by the Company or by the Executive, shall have no effect on the rights and obligations of the parties hereto under the Company's qualified or non-qualified retirement, pension, savings, thrift, profit-sharing or stock bonus plans, group life, health (including hospitalization, medical and major medical), dental, accident and long term disability insurance plans or such other employee benefit plans or programs, or compensation plans or programs, as may be maintained by, or cover employees of, the Company from time to time.
No Right to Subcontracting Subcontractor may not subcontract, either part or in whole, the Services authorized under this Agreement.
Lesson Plans The parties agree that instruction requires thoughtful preparation. The development of lesson plans by and for the teacher is a professional responsibility. However, a teacher’s planning and preparation may be different based on personal style, professional needs, student needs and experience in the classroom. Plans are to be used as a guide to fulfill the state standards and District’s instructional objectives for student achievement. Plans should include strategies and accommodations for students with disabilities, and English Language Learners, if needed. Remediation and enrichment and the type of progress monitoring should be included, if needed. As such, administrators shall not require that lesson plans be in a particular format. Administrators also shall not require the posting or storage of lesson plans in a particular place or manner. A principal or principal’s designee may request teachers to submit a copy of their lesson plans at the end of the teaching week or at the end of a particular unit. The teacher’s plans are to be used as a guide in order to fulfill the county’s instructional objectives and to assist the teacher in conducting a planned instructional program. Current lesson plans shall be available in the classroom for inspection at all times. Teachers shall not be routinely required to submit a copy of their lesson plans to the site administrator unless required by Article 6.9-2. 6.9-1 In the event a teacher is absent, it shall be the teacher’s responsibility to have lesson plans at the school prior to the start of the pupil day to cover the period of absence not to exceed the balance of the week in which the absence occurred. 6.9-2 If the principal or their designee, through documented classroom observation, determines that a teacher is having difficulty with classroom instruction or is not meeting instructional objectives, the principal shall hold a conference with the teacher having difficulty. The principal may require lesson plans to be turned in at the start of each week if the teacher is in one of the following categories: a) Category I teacher as defined in Article 15: or b) The teacher is on an Instructional Assistance Conference (IAC) or on a Professional Development Plan (PDP); or c) The teacher holds an average rating of Needs Improvement or Unsatisfactory on their last overall summative evaluation; or d) Educational Emergency as outlined in Article XXXI – Board’s Rights per Section 1012.28(8), Florida Statutes.
No Right of Contribution No Seller shall have any right of contribution against the Company or the Surviving Corporation with respect to any breach by the Company of any of its representations, warranties, covenants or agreements.
Participation in Employee Benefit Plans The Executive shall be permitted during the Term, if and to the extent eligible, to participate in any group life, hospitalization or disability insurance plan, health program, or any pension plan or similar benefit plan of the Company, which is available generally to other senior executives of the Company.
Participation in Benefit Plans The Executive shall be eligible to participate in the employee benefit plans and programs maintained by the Company from time to time for its executives, or for its employees generally, including without limitation any life, medical, dental, accidental and disability insurance and profit sharing, pension, retirement, savings, stock option, incentive stock and deferred compensation plans, in accordance with the terms and conditions as in effect from time to time.
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