PHASE II NOTICE AND OPT-OUT Sample Clauses

PHASE II NOTICE AND OPT-OUT. Dissemination 11. Within 10 calendar days after the Effective Date, the Settlement Administrator will send the following documents by email to the email addresses recorded on the Notice List as such Notice List has been updated through the steps outlined in section 8 above: (a) Phase II Notice, containing hyperlinks to the Opt-Out Form and Settlement Distribution Form. 12. The “Opt-Out Deadline” will be 60 calendar days after the date of implementation of the Phase II Notice Plan. 13. The “Election Deadline” will be 90 calendar days after the date of implementation of the Phase II Notice Plan. 14. The Settlement Administrator will accept Opt-Out Forms that meet the following conditions: (a) complete; (b) sent on or before the Opt-Out Deadline; and (c) signed with a pen or electronic signature. 15. Within 5 calendar days after the Opt-Out Deadline, the Settlement Administrator will report to the Parties the names of each Class Member who has opted-out of the Action. 16. Settlement Distribution Forms must be: (a) received electronically by the Settlement Administrator on or before the Election Deadline; or (b) if sent by mail, postmarked on or before the Election Deadline and received within 15 calendar days of the Election Deadline. 17. Within 30 calendar days after the Election Deadline, the Settlement Administrator will complete the review of claims for Base Payments, as follows: (a) The Settlement Administrator will review each Settlement Distribution Form submitted by a Settlement Class Member individually and determine whether each Settlement Distribution Form has been properly completed; (b) A Settlement Distribution Form will be properly completed where the Settlement Class Member has filled-out each field, including: (i) name; (ii) method of settlement payment distribution; (iii) email address or mailing address to receive settlement payments; and (iv) declaration of eligibility for settlement payments as a Settlement Class Member. 18. For greater certainty, Settlement Class Members are not required to submit any proof or supporting documents to support a claim for a Base Payment. 19. Within 5 calendar days of completing section 17 above, the Settlement Administrator will notify the Parties of the number and total sum of Base Payments to be made. 20. Within 60 calendar days after the Election Deadline, the Settlement Administrator will complete the adjudication of Eligible Economic Loss Claims, as follows: (a) The Settlement Administrator will revie...
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Related to PHASE II NOTICE AND OPT-OUT

  • Termination for Convenience TIPS may, by written notice to Vendor, terminate this Agreement for convenience, in whole or in part, at any time by giving thirty (30) days’ written notice to Vendor of such termination, and specifying the effective date thereof.

  • HOURS OF WORK i) Where employees are now working a longer daily tour, the provisions set out in this Article governing the regular hours of work on a daily tour shall be adjusted accordingly. ii) The normal daily extended tour shall be 11.25 consecutive hours in any 24-hour period, exclusive of a total of forty-five (45) minutes of unpaid meal time. For hybrid schedules, there will be scheduled normal daily tours of seven and one-half (7½) hours and 11.25 consecutive hours per day. iii) Employees working an extended tour shall be entitled, subject to the exigencies of resident care, to paid relief periods during the tour of a total of forty-five (45) minutes. For hybrid schedules, there will also be shifts that provide for relief periods in accordance with Article 15.02. iv) Scheduling issues will be resolved at the local level. v) Where the union and the employer have agreed to or agree to an extended daily tour or hybrid schedule that differs from the normal daily extended tour, the proportion of unpaid time to hours of work shall maintain the same ratio as set out in paragraph ii) and iii) of this Article.

  • Effective Date This agreement shall be effective upon its execution, and unless terminated as provided, shall continue in force until May 31, 2006 and thereafter from year to year, provided continuance is approved annually by the vote of a majority of the Board members of the Issuer, and by the vote of those Board members of the Issuer who are not "interested persons" of the Issuer and, if a plan under Rule 12b-1 under the Investment Company Act of 1940 is in effect, by the vote of those Board members of the Issuer who are not "interested persons" of the Issuer and who are not parties to the Distribution and Service Plan or this Agreement and have no financial interest in the operation of the Distribution and Service Plan or in any agreements related to the Distribution and Service Plan, cast in person at a meeting called for the purpose of voting on the approval. This Agreement shall automatically terminate in the event of its assignment. As used in this paragraph, the terms "assignment" and "interested persons" shall have the respective meanings specified in the Investment Company Act of 1940 as now in effect or as hereafter amended. In addition to termination by failure to approve continuance or by assignment, this Agreement may at any time be terminated by either party upon not less than sixty days' prior written notice to the other party.

  • MANAGEMENT RIGHTS 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer: (a) To determine and establish standards and procedures for the care, welfare, safety and comfort of the residents in the facility. (b) To maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations. (c) To hire, transfer, layoff, schedule, recall, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. (d) To have the right to plan, direct, and control the work and direction of employees and the operation of the facility. This includes the right to introduce new and improved methods, facilities, equipment and to control the amount of supervision necessary, work schedules, the combining or splitting up of departments, and the increases or reduction of personnel in a particular area or on the whole. 3.02 The Employer will exercise these rights in a manner consistent with the Collective Agreement and apply the provisions of the Collective Agreement in a reasonable manner.

  • Termination In the event that either Party seeks to terminate this DPA, they may do so by mutual written consent so long as the Service Agreement has lapsed or has been terminated. Either party may terminate this DPA and any service agreement or contract if the other party breaches any terms of this DPA.

  • Dispute Resolution All or any disputes arising out or touching upon or in relation to the terms and conditions of this Agreement, including the interpretation and validity of the terms thereof and the respective rights and obligations of the Parties, shall be settled amicably by mutual discussion, failing which the same shall be settled through the adjudicating officer appointed under the Act.

  • Scope Notwithstanding any other provision of this Agreement, the Company hereby agrees to indemnify the Indemnitee to the fullest extent permitted by law, notwithstanding that such indemnification is not specifically authorized by the other provisions of this Agreement, the Company’s Certificate of Incorporation, the Company’s Bylaws or by statute. In the event of any change, after the date of this Agreement, in any applicable law, statute, or rule which expands the right of a Delaware corporation to indemnify a member of its board of directors or an officer, such changes shall be deemed to be within the purview of Indemnitee’s rights and the Company’s obligations under this Agreement. In the event of any change in any applicable law, statute or rule which narrows the right of a Delaware corporation to indemnify a member of its board of directors or an officer, such changes, to the extent not otherwise required by such law, statute or rule to be applied to this Agreement shall have no effect on this Agreement or the parties’ rights and obligations hereunder.

  • Notice Any notice required or permitted to be given by either party to the other shall be deemed sufficient if sent by registered or certified mail, postage prepaid, addressed by the party giving notice to the other party at the last address furnished by the other party to the party giving notice: if to the Issuer, at 00 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx, and if to Distributors, at 00 Xxxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx.

  • Procedure If any action is brought against an Underwriter, a Selected Dealer or a Controlling Person in respect of which indemnity may be sought against the Company pursuant to Section 6.1, such Underwriter, such Selected Dealer or Controlling Person, as the case may be, shall promptly notify the Company in writing of the institution of such action and the Company shall assume the defense of such action, including the employment and fees of counsel (subject to the reasonable approval of such Underwriter or such Selected Dealer, as the case may be) and payment of actual expenses. Such Underwriter, such Selected Dealer or Controlling Person shall have the right to employ its or their own counsel in any such case, but the fees and expenses of such counsel shall be at the expense of such Underwriter, such Selected Dealer or Controlling Person unless (i) the employment of such counsel at the expense of the Company shall have been authorized in writing by the Company in connection with the defense of such action, or (ii) the Company shall not have employed counsel to have charge of the defense of such action, or (iii) such indemnified party or parties shall have reasonably concluded that there may be defenses available to it or them which are different from or additional to those available to the Company (in which case the Company shall not have the right to direct the defense of such action on behalf of the indemnified party or parties), in any of which events the reasonable fees and expenses of not more than one additional firm of attorneys selected by such Underwriter (in addition to local counsel), Selected Dealer and/or Controlling Person shall be borne by the Company. Notwithstanding anything to the contrary contained herein, if any Underwriter, Selected Dealer or Controlling Person shall assume the defense of such action as provided above, the Company shall have the right to approve the terms of any settlement of such action which approval shall not be unreasonably withheld.

  • GRIEVANCE PROCEDURE 36.01 It is agreed that neither the Employer, its representatives and supervisors, nor the Union, will attempt to bring about the settlement of any contractual issue by means other than the grievance procedure. 36.02 A grievance is a dispute or difference between the Employer and the employee covered by this Bargaining Agreement, concerning the interpretation and/or application of this contract. The following procedures shall apply to the administration of all grievances filed under this Agreement, and shall be presented in accordance with the steps outlined below: Step 1 An employee who believes he may have a grievance shall notify his immediate supervisor(s) of the possible grievance within seven (7) calendar days of the occurrence of the facts giving rise to the grievance. This notification shall be in writing, and shall state the aggrieved employee's name, position, date of alleged grievance, and the portion of the Agreement in question giving rise to this grievance. The presentation of this grievance shall be in the employee's own hand. The supervisor will schedule an informal meeting within seven (7) calendar days after the receipt of the grievance, with the employee, and his associate if requested by the employee, to discuss the issues in dispute with the objective of resolving the matter informally, with a written reply of the meeting to be given to the employee, the Union xxxxxxx, and the Employer. Step 2 If no satisfactory settlement is reached at the step 1, the grievance may be appealed to the Division Head, or other Employer designate, and the Local Union Staff Representative within seven (7) calendar days after receiving the reply of the step 1. The appeal shall restate the grievance, and shall include proposed remedy sought by the aggrieved party. A step 2 answer, reduced to writing, will be given to the aggrieved party within seven (7) calendar days of receiving the written appeal. Step 3 If no satisfactory answer is reached at step 2, the grievance may be appealed to the City Manager and the Union Staff Representative or their designated alternates within seven (7) calendar days after the reply is rendered in step 2. The appeal shall be reduced to writing, shall contain the original grievance and all subsequent answers/decisions, and be in the employee's own hand. A meeting will be held within 14 calendar days after the receipt of the Step 2 reply. A written reply will be issued as a result of this meeting within fourteen

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