PERFORMANCE PROCEDURE Sample Clauses

PERFORMANCE PROCEDURE. 2.1. The Financial University shall: 2. 1.1. Render consultative and methodological assistance to the Partner School in designing educational process, compiling and reviewing curricula and teaching and methodological materials;
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PERFORMANCE PROCEDURE. (a) On each date on which an amount is due from the Borrower pursuant to this Agreement or any of the other Finance Documents, the Borrower shall no later than 10:00 a.m. (New York time) on that due date make that amount available to the Facility Agent by payment in Dollars in same day funds to the following account of the Facility Agent: Bank: JPMorgan Chase Bank, New York SWIFT Code: XXXXXX00 Bank: JPMorgan Chase Bank, N.A., London SWIFT Code XXXXXX0X Account Name: Terapon Funding USD WTLL Account Number: XX00XXXX00000000000000 Reference: Terapon Funding Designated Activity Company or to such other account as the Facility Agent may upon not less than five (5) Banking Days’ written notice from time to time designate to the Borrower. (b) Upon receipt by the Facility Agent of an amount referred to in clause 4.11(a), the Facility Agent shall make available on the due date (if that amount is received by 10:00 a.m. (New York time) on the due date) or (otherwise) on the next succeeding Banking Day to the relevant Lender that portion of the amount so received as represents its entitlement to that amount in such funds as are received by the Facility Agent by payment to such account as the relevant Lender may have specified in writing. (c) Without prejudice to the provisions of clause 4.11(b), where a sum is to be paid to the Facility Agent under the Finance Documents for another party, the Facility Agent is not obliged to pay that sum to that other party (or to enter into or perform any related exchange contract) until it has been able to establish to its satisfaction that it has actually received that sum. (d) If the Facility Agent or its Affiliate or Representative on its behalf or direction (the Facility Agent and its applicable Affiliate or Representative, an “Agent Entity”) pays an amount to another party (unless clause 4.11(e) applies) or, at the direction of such party, that party’s Affiliate, Related Fund or Representative (such party and its applicable Affiliate, Related Fund or Representative, an “Other Party Entity”) and it proves to be the case (in the sole determination of the Facility Agent) that (i) neither the Facility Agent nor the applicable Agent Entity actually received that amount or (ii) such amount was otherwise paid in error (whether such error was known or ought to have been known to such other party or applicable Other Party Entity), then the party to whom that amount (or the proceeds of any related exchange contract) VP/#65700180 was pa...
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PERFORMANCE PROCEDURE. 4.14.1 On each date on which an amount is due from any Borrower in connection with any Loan pursuant to this Agreement or any of the Transaction Documents, the relevant Borrower shall no later than (i) 10.00 am (New York time) if such payment is due in Dollars and (ii) 1.00 pm Paris time if such payment is due in Euros on such due date make such amount available to the Agent by payment in Dollars or Euros, as the case may be, in same day funds to the Agent's account (x) if payment is in Dollars with Credit Lyonnais, New York Branch, Swift Code XXXXXX00 for the account of 01 00684 0001 00-EX896, Credit Lyonnais, Paris, Swift Code XXXXXXXXX00, (or to such other account in New York City as the Agent may upon not less than five (5) Business Days' written notice from time to time designate) or (y) if the payment is to be made in Euros to the Agent's account with Credit Lyonnais, Paris branch, swift code XXXXXXXXX00 account no 30002008960000999109D90 (or to such other account as the Agent may upon not less than five (5) Business Days' written notice from time to time designate. All payments shall be made under reference DDO-EX/896-FC6-GATX msn [relevant msn]. 4.14.2 Upon receipt by the Agent of an amount referred to in Clause 4.14.1, the Agent shall if such amount is received by 5.00 pm (Paris time) on the due date make available on such due date (and otherwise on the next succeeding Banking Day) to the relevant National Agent such portion of the amount so received as represents the aggregate of the entitlement of the British Lenders, the French Lenders or the German Lenders (as the case may be) of such amount in such funds as are received by the Agent by payment to such account as the relevant National Agent may have specified in writing. 4.14.3 Without prejudice to the provisions of Clause 4.14.2, the Agent shall not be obliged to make available to any National Agent or any Lender any sum which it is expecting to receive for the account of such National Agent or such Lender pursuant to this Agreement or any of the Transaction Documents until it has been able to establish that it has received that sum from the relevant Borrower. If and to the extent that the Agent does pay such sum to a National Agent but it subsequently transpires that the Agent had not received the relevant sum: (a) the relevant National Agent shall on request by the Agent refund such sum to the Agent; and (b) the relevant National Agent shall on request by the Agent pay to the Agent the amou...
Sample 1
PERFORMANCE PROCEDURE. 4.14.1 On each date on which an amount is due from the Borrower in connection with any Loan pursuant to this Agreement or any of the Aircraft Operative Documents, the Borrower shall no later than 1.00 pm (New York time) on such due date make such amount available to the Agent by payment in Dollars in same day funds (or such other funds as may from time to time be customary for the settlement in New York City of international banking transactions in Dollars) to the Agent's account with First Chicago International, New York Branch, Account Title: Halifax Plc Treasury, Account No. 1043000 (xx to such other account in New York City as the Agent may upon not less than five (5) Banking Days' written notice from time to time designate), or, if the payment is to be made in a currency other than Dollars, to such account as may from time to time be nominated in writing by the Agent by not less than five (5) Banking Days' notice. 4.14.2 Upon receipt by the Agent of an amount referred to in Clause 4.14.1 the Agent shall if such amount is received by 1.00 pm (New York time) on the due date make available on such due date (and otherwise on the next Banking Day) to the relevant Lead Manager such portion of the amount so received as represents the aggregate of the entitlement of the British Lenders, the French Lenders or the German Lenders (as the case may be) of such amount in such funds as are received by the Agent by payment to such account as the relevant Lead Manager may have specified in writing. 4.14.3 Without prejudice to the provisions of Clause 4.14.2, the Agent shall not be obliged to make available to any Lead Manager or any Lender any sum which it is expecting to receive for the account of such Lead Manager or such Lender pursuant to this Agreement or any of the Aircraft Operative Documents until it has been able to establish that it has received that sum from the Borrower. If and to the extent that the Agent does pay such sum to a Lead Manager but it subsequently transpires that the Agent had not received the relevant sum:- (a) the relevant Lead Manager shall on request by the Agent refund such sum to the Agent; and (b) the relevant Lead Manager shall on request by the Agent pay to the Agent the amount (as certified by the Agent) which will indemnify the Agent against any funding or other cost, loss, expense or liability as a result of making available or paying out that sum before receiving it; and (c) each Lender shall indemnify the relevant Lead Manager i...
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PERFORMANCE PROCEDURE 
Sample 1

Related to PERFORMANCE PROCEDURE

  • GRIEVANCE PROCEDURE A. A grievance shall be defined as an alleged violation, misinterpretation, or misapplication of this Agreement or written Board policies affecting working conditions of the member. Should a member/Association feel that there has been a violation, he/she will take the following steps: Step 1: The member/Association, with or without a designated representative, shall discuss the grievance with the Supervisor informally within five (5) work days of the alleged violation and, if not resolved, shall file a written grievance with the Supervisor within fifteen (15) work days of the alleged violation and discuss the written grievance with the Supervisor within five (5) work days after the grievance is filed. If no satisfactory conclusion is reached within five (5) work days following the discussion of the written grievance with the Supervisor, the member/Association shall submit the written grievance within five (5) work days of the discussion with the Supervisor to Step 2. A grievance which is not within the scope of a Supervisor's authority may be filed initially at step 2. The written grievance, as required herein, shall contain: a. it shall be signed by the grievant(s)/Association. b. it shall be specific; c. it shall contain a synopsis of the facts giving rise to the alleged violation; d. it shall cite the section or subsections of this contract or written Board policy alleged to have been violated; e. it shall contain the date of the alleged violation; f. it shall specify the relief requested; g. it shall indicate approval or disapproval by the Association. Step 2: The Superintendent or his/her designated agent shall arrange a meeting with the grievant and/or the designated Association representative within ten (10) work days after receipt of the grievance to discuss the grievance. Within ten (10) work days of the discussion, the Superintendent or his/her designated agent shall render his/her decision in writing, transmitting a copy of the same to the grievant, the Association representative, and appropriate Supervisor, and place a copy of same in a permanent file in his/her office. If the decision of the Superintendent is unsatisfactory to the Association, the Association may appeal same to the Board of Education by filing a written grievance, along with the decision of the Superintendent, with the officer of the Board in charge of drawing up the agenda for the Board's meeting, within ten (10) work days of receipt of the Superintendent's decision.

  • PROFESSIONAL GRIEVANCE PROCEDURE A. A claim by a teacher or the Association that there has been a violation, misinterpretation or misapplication of any provision of this Agreement or any rule, order or regulation of the Board may be processed as a grievance as hereinafter provided. B. The grievant may invoke the formal grievance procedure on the form set forth in annexed Schedule C, signed by the grievant and a representative of the Association, which form shall be available for the Association representative in each building. A copy of the grievance form shall be delivered to the principal or supervisor. If the grievance involves more than one school building, it may be filed with the superintendent or a representative designated by him. C. Within five (5) school days of receipt of the grievance, the principal or supervisor shall meet with the Association in an effort to resolve the grievance. The principal or supervisor shall indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association. D. If the Association is not satisfied with the disposition of the grievance, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be transmitted to the Superintendent. Within five (5) school days the superintendent or his designee shall meet with the Association on the grievance and indicate his disposition of the grievance in writing within five (5) school days of such meeting, and shall furnish a copy thereof to the Association. E. If the Association is not satisfied with the disposition of the grievance by the Superintendent or his designee, or if no disposition has been made within five (5) school days of such meeting or ten (10) school days from the date of filing, whichever shall be later, the grievance shall be submitted to the Board within ten (10) working days by filing a written copy thereof with the Secretary or other designee of the Board. The Board, no later than its next regular meeting or two (2) calendar weeks, whichever shall be later, shall hold a hearing on the grievance, and give such other consideration as it shall deem appropriate. Disposition of the grievance in writing by the Board shall be made no later than seven (7) days thereafter. A copy of such disposition shall be furnished to the Association. F. The Association may request arbitration of any unresolved grievance which is arbitrable by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office within thirty (30) working days following the receipt of the Board's written disposition. If the Board fails to answer a grievance within the time limits set forth in Paragraph E, the Association may request arbitration by filing the Arbitration Request Form with the American Arbitration Association and delivering a copy of this Form to the Employer through the Superintendent's Office not later than thirty (30) working days following the date the Board's written disposition was due. The grievance may thereafter be submitted to arbitration. If the Association does not request arbitration in the manner or within the time limits established herein, the grievance shall be considered settled on the basis of the Employer's last disposition. If a grievance is to be submitted to arbitration, the arbitrator shall be selected from a panel submitted by the American Arbitration Association pursuant to their rules The fees and expenses of the arbitrator and all hearing location costs shall be shared equally by the Association and the Employer. Each party shall pay the fees, expenses, wages, and any other compensation of its own representatives and legal counsel. The arbitrator's powers shall be limited to the application and interpretation of this Agreement as written. The arbitrator shall at all times be governed wholly by the terms of this Agreement and shall have no power or authority to amend, alter or modify this Agreement either directly or indirectly, or to rule upon a specific grievance considered settled. In addition, the following may not be considered by the arbitrator: 1. The termination of service of or failure to reemploy any probationary teacher. 2. Any action involving a tenured teacher, including but not limited to discharge, demotion, layoff or failure to recall, if that action when timely raised is subject to review before the Michigan Teacher Tenure Commission. If the issue of arbitrability is raised, the arbitrator shall not determine the merits of any grievance unless arbitrability has been affirmatively decided. The arbitrator's decision shall be final and binding upon the Association, the Employer and employees in the bargaining unit; provided, however, that each party may have its legal remedies if the arbitrator exceeds the jurisdiction provided in this Agreement. G. If any teacher for whom a grievance is sustained shall be found to have been unjustly discharged, he shall be reinstated with full reimbursement of all professional compensation lost. If he shall have been found to have been improperly deprived of any professional compensation or advantage, the same or its equivalent in money shall be paid to him. H. The time limits provided in this article shall be strictly observed but may be extended by written agreement of the parties. In the event a grievance is filed after May 15 of any year and strict adherence to the time limits may result in hardship to any party, the Board shall use its best efforts to process such grievance prior to the end of the school term or as soon thereafter as possible. I. If an individual teacher has a personal complaint which he desires to discuss with a supervisor, he is free to do so without recourse to the grievance procedure. However, no grievance shall be adjusted without prior notification to the Association and opportunity for an Association representative to be present, nor shall any adjustment of a grievance be inconsistent with the terms of the Agreement. In the administration of the grievance procedure, the interests of the teachers shall be the sole responsibility of the Association. J. Filing time for an alleged violation is limited to twenty (20) teaching days from the date of an alleged incident.