Notwithstanding Clause 10. 3, if, after a period of disability, a teacher returns to work and:
10.3.1.1 within six (6) months must cease working because of the same disabling condition, or
10.3.1.2 within one month must cease working because of a different disabling condition, any successive periods of disability will be considered a re- occurrence of the previous disability.
Notwithstanding Clause 10. 1.2, a teacher, upon returning to duty from a period of sick leave in excess of three (3) consecutive teaching days but less than ninety (90) consecutive calendar days will, if that teacher does not take any sick leave for the same condition during the first ten (10) consecutive teaching days following return to duty thereafter, have their sick leave entitlement reinstated to ninety (90) calendar days. If sick leave is taken during the first ten (10) consecutive teaching days following return to duty, sick leave shall only be available to the extent of the unused portion of the initially available ninety (90) calendar days.
Notwithstanding Clause 10. 3, in the case of a teacher who has had previous service with the Employer and re-enters its employ within twenty-six (26) months of leaving and upon production of a medical certificate of good health, the sick leave accumulated (clause 10.1), during the period of employment with the Employer shall be reinstated to the credit of the teacher.
Notwithstanding Clause 10. 3, a teacher may be required to provide a medical certificate to the Superintendent of Schools, or designate, on the fourth consecutive day of absence from duty.
Notwithstanding Clause 10. 1 above,
(a) the Company may forthwith terminate the employment of the Executive prior to the expiry of the Initial Term by service of notice in writing in the event that:
(i) the Executive shall be disqualified to act as a director or an executive officer of the Company under any applicable laws or regulations or the memorandum and articles of association of the Company;
(ii) the Executive shall be guilty of any dishonesty, gross misconduct or wilful neglect of duty or shall commit any continued material breach of the terms of this Agreement after written warning (other than a breach which is capable of remedy and has been remedied by the Executive to the satisfaction of the Board within 30 days upon him being called upon to do so in writing by the Board);
(iii) the Executive shall be guilty of conduct likely to bring himself or any member of the Group into disrepute;
(iv) the Executive shall become bankrupt or make any arrangement or composition with his/her creditors or suffers a receiving order being made against him/her;
(v) any company (other than a member of the Group) in which the Executive is a director or an executive officer or a direct or indirect shareholder goes into liquidation on the ground of insolvency or becomes insolvent or suffers the presentation of a winding up petition or analogous proceedings brought against it;
(vi) the Executive is convicted of any criminal offence (other than an offence which in the reasonable opinion of the Board does not affect his position in the Company);
(vii) the Executive persistently refuses to carry out any reasonable lawful order given to him in the course of his employment or persistently fails diligently to attend to his duties hereunder; or
Notwithstanding Clause 10. 2, a teacher employed on a probationary contract of employment, who becomes disabled from work and whose claim is accepted and approved by the extended disability carrier, shall be entitled to ninety (90) calendar days of sick leave calculated retroactively to the first (1st) date of disability.
Notwithstanding Clause 10. 13.1, each of the parties hereto unconditionally and irrevocably agrees that each of HSBC and/or the Public Offer Underwriters shall have the option to refer any Dispute to be finally resolved by arbitration in accordance with this Clause 10.13.
Notwithstanding Clause 10. 1 Seller hereby grants to Buyer or will procure the grant to Buyer for the exclusive benefit of the Company a non-exclusive, non-assignable, royalty free licence to sell any goods bearing any trademarks owned by Seller or any subsidiary of Seller if such goods are at Closing owned by the Company or are the subject of contractually binding purchase orders made by the Company with any supplier prior to Closing. The licence granted under this Clause 102 shall not include any right to sub-licence.
Notwithstanding Clause 10. 1.1, for the first Restoration Shop Visit for the Eligible Engines listed in Exhibit K only, IAE shall invoice Vuela at induction of each such Eligible Engine into the Maintenance Center for its first Restoration Shop Visit an amount equal to (i) the FHA Rate Specified in this Clause 10.1.3 (escalated in accordance with Clause 10.2) multiplied by the number of Eligible Engine Flight Hours specified for such Eligible Engine in Exhibit K (“Pre-Side Letter No. 3 Flight Hours”) plus (ii) the applicable “At RSV1” FHA Rate specified in Clause 10.1.1 (escalated in accordance with Clause 10.2) multiplied by the Eligible Engine Flight Hours flown by such Eligible Engine since new less the number of Pre-Side Letter No. 3 Flight Hours for such Eligible Engine. ***** ***** ***** ***** ***** ***** The above FHA Rates are subject to adjustment in accordance with the provisions of Exhibit H and Clause 3.2 to the extent applicable.
Notwithstanding Clause 10. 2.1, BioAmber shall also be entitled to transfer its rights, title and interest in and to the Agreement without consent from Reverdia upon a Change of Control of a third Commercial Plant and a Change of Control of any subsequent Commercial Plant, BioAmber will pay Reverdia a one-time compensation of USD [***] US dollars) concurrent with each such sale. Portions of the exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.18 / 25 CONFIDENTIAL Privileged 14th December 2015
