OPERATIONAL CHANGES. The parties recognize and agree that it is in the mutual best interests of the parties to this Agreement and the bargaining unit employees covered thereunder that the Employer be able to effectively compete in the highly competitive Southern California Area Marketplace in that both its continued successful operations and employment of bargaining unit employees is directly dependent upon its being able to do so. The parties also recognize the Employer's need to continually seek new or improved methods of operations, systems and equipment that will enable it to achieve the necessary efficiencies and increased productivity that will enable it to continue to effectively compete in the Marketplace and agree that nothing contained herein shall prohibit the Employer from instituting any such new methods, systems or equipment. The parties agree that in cases in which the Employer intends to institute any operational change, new method of operation, system or equipment that will have a material impact on the employment of its then employed bargaining unit employees covered by this Agreement, the Employer shall give the affected Union or Unions at least sixty (60) days advance written notice, by certified or registered mail, of its intention to implement the involved operational change, new method, system or equipment, whichever the case may be, with such notice to set forth the nature of the intended change(s) and/or new method(s) of operations. The Union upon its receipt of the advance written notice provided for in the preceding Paragraph may request, in writing, negotiations with respect to the following subjects and such negotiations shall be promptly held by the parties: rates of pay for any new job(s) which may be created; efforts to avoid displacement of bargaining unit employees whose job may be modified as a direct result of the Employer's institution of such operational change(s), new method(s), system(s) or equipment. The Employer agrees that it will retrain those employees displaced as a direct result of technological change of the nature contemplated herein. In the event that the parties do not reach agreement within the sixty (60) days period provided herein, all unresolved issues as set forth above shall be submitted to final and binding arbitration. It is not the intent of the parties that such negotiations or arbitration will in any way jeopardize the efficiencies and increased productivity to be gained by the installation of such operational chang...
OPERATIONAL CHANGES. 3.1.1 Operational Changes shall be implemented in accordance with the operational change control procedures and approved subject to Section 5 of this Schedule.
OPERATIONAL CHANGES. Buyer shall not engage in any special pricing, rebate allowance, promotional or marketing program or activities, special returns policy or special restocking program that would impact the normal course or level of expected returns with respect to Products sold prior to Closing.
OPERATIONAL CHANGES. 14.01 Where the Employer has decided to introduce a change which will result in the displacement of an employee(s) within the bargaining unit, the Employer will undertake to meet with the Union to consider the minimizing of adverse effects (if any) upon the employee(s) concerned.
OPERATIONAL CHANGES. 2514 i. Number of routes. 2515 ii. Staffing. 2516 iii. Supervision. 2517 iv. Collection services. 2518 12. Variance Analysis 2519 Provide the following variance analysis for each Customer Type. For any variances greater than five 2520 percent (5%) annually, Contractor shall provide sufficient rationale to support variance: 2521 A. Variance analysis comparing current Rate Period to each of the prior Rate Periods of 2522 Agreement
OPERATIONAL CHANGES. Neither Borrower nor any Guarantor shall (a) change its taxpayer identification number, (b) change its address for its chief executive office or its mailing address or change its name, identity or corporate structure in any manner which might make any financing or continuation statement filed in connection with the Security Agreement seriously misleading within the meaning of Article 9 of the UCC (or any other then applicable provision of the UCC) unless Borrower or such Guarantor, as the case may be, shall have given Lender at least sixty (60) days' prior written notice thereof and shall have taken all action (or made arrangements to take such action substantially simultaneously with such change if it is impossible to take such action in advance) necessary or reasonably requested by Lender to amend such financing statement or continuation statement so that it is not seriously misleading, or (c) change its principal place of business or remove the records concerning the Collateral unless it has given Lender at least thirty (30) days' prior written notice of its intent to do so and has taken such action as is necessary or advisable in the opinion of Lender to cause the security interest of Lender in the Collateral to continue to be a first priority perfected security interest.
OPERATIONAL CHANGES. Without prejudice to Parent’s obligation to provide the Transition Distribution Activities in accordance with Section 2.3, Parent may, without a need for a formal change request, from time to time change the manner or methods of providing the Transition Distribution Activities if (i) Parent is making similar changes in performing similar services for its own internal organization (including ordinary patching, maintenance, and similar activities), or (ii) the change is required to comply with changes in applicable Law, rules or the requirements of any regulator (each such change an “Operational Change”). If the Operational Change is required to comply with changes in applicable Law and (i) only impacts one Party, such Party will bear the full cost of implementing such change, or (ii) affects both Parties, the cost of the change will be proportionately shared between the Parties. Parent shall give to SpinCo substantially the same notice of these Operational Changes (in content and timing), if any, as it gives to the relevant affected members of Parent and its Affiliates.
OPERATIONAL CHANGES. With notice to Customer, Provider may modify the AUP, Security Measures, SLA or Support Policy to reflect new features or changing practices, but the modifications may not be retroactive or materially decrease Provider’s overall obligations during a Subscription Term.
OPERATIONAL CHANGES. 7.5.1 CONTRACTOR shall inform ADMINISTRATOR and on-site COUNTY management staff in advance, or within twenty-four (24) business hours of any operational change that could result in an impact to co-located COUNTY staff workload, caseload, or provision of services.
OPERATIONAL CHANGES. 1. The Employer agrees that prior to any change in its operation that will result in a change of domicile, and which could result in a layoff of seniority employees, it shall notify the affected Local Union(s) in writing and then meet jointly with them to inform them of the changes and to resolve questions raised in connection with the change. If the parties are unable to reach agreement within thirty (30) days, the matter will be submitted to the Change of Operations procedure as described below:
