Termination for Cause If Vendor fails to materially perform pursuant to the terms of this Agreement, TIPS shall provide written notice to Vendor specifying the default. If Vendor does not cure such default within thirty (30) days, TIPS may terminate this Agreement, in whole or in part, for cause. If TIPS terminates this Agreement for cause, and it is later determined that the termination for cause was wrongful, the termination shall automatically be converted to and treated as a termination for convenience.
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.
Data Protection All personal data contained in the agreement shall be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by the EU institutions and bodies and on the free movement of such data. Such data shall be processed solely in connection with the implementation and follow-up of the agreement by the sending institution, the National Agency and the European Commission, without prejudice to the possibility of passing the data to the bodies responsible for inspection and audit in accordance with EU legislation (Court of Auditors or European Antifraud Office (XXXX)). The participant may, on written request, gain access to his personal data and correct any information that is inaccurate or incomplete. He/she should address any questions regarding the processing of his/her personal data to the sending institution and/or the National Agency. The participant may lodge a complaint against the processing of his personal data with the [national supervising body for data protection] with regard to the use of these data by the sending institution, the National Agency, or to the European Data Protection Supervisor with regard to the use of the data by the European Commission.
Scope of Services The specific scope of work for each job shall be determined in advance and in writing between TIPS Member, Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope description, but the awarded vendor should provide a written scope of work, and if applicable, according to the TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS Vendor Agreement.
Bereavement Leave (a) Upon the death of an employee's spouse, spouse to include same sex partner, child or stepchild, an employee shall be granted leave up to a maximum of five (5) continuous calendar days without loss of pay. One of the days of leave shall include the day of the funeral or equivalent service. Additional days off with or without pay may be granted by the Employer. Part-time employees will be credited with seniority and service for all such leave. In the event of a delayed interment or ceremony for reason of religion or other protected grounds under the Ontario Human Rights Code, an Employee may save one of the days identified above without loss of pay to attend the interment or ceremony.
(b) When a death occurs in the immediate family of an employee, the employee shall be granted leave up to a maximum of three (3) continuous calendar days without loss of pay around the date of the funeral or equivalent service provided that the employee must be regularly scheduled to work such days to receive pay.
(c) Immediate family shall be defined as parent, step-parent, father-in-law, mother-in-law, brother, sister, brother-in-law, sister-in-law, daughter-in- law, son-in-law, legal guardian, grandmother, grandfather, and grandchildren.
(d) An employee shall be granted one (1) day bereavement leave without loss of pay to attend the funeral, or if there is no funeral, an equivalent service for his or her aunt or uncle, niece or nephew. Where there is a funeral but the employee cannot attend by reason of religion or other protected grounds under the Ontario Human Rights Code, the employee shall be granted one (1) day bereavement leave without loss of pay to attend an equivalent service within a week following the funeral.
(e) An employee will not be eligible to receive payment for any period in which she is receiving any other payments. For example, holiday pay or sick pay.
(f) Where it is necessary, with as much notice as possible, the employee may apply for personal leave of absence in addition to bereavement leave. Permission for such leave shall not be unreasonably withheld.
Effect of Termination Upon any expiration of the Term or termination of this Agreement, the obligations and rights of the parties hereto shall cease, provided that such expiration or termination of this Agreement shall not relieve the parties of any obligation or breach of this Agreement accruing prior to such expiration or termination, including, without limitation, all accrued payment obligations arising under Article 6. In addition, Article 5, Article 7, Section 2.12, Section 4.5, and this Section 4.6 shall survive the expiration or termination of this Agreement. For the avoidance of doubt, the rights of Registry Operator to operate the registry for the TLD shall immediately cease upon any expiration of the Term or termination of this Agreement.
Non-Discrimination In the performance of this Contract, Contractor agrees that it will comply with the requirements of Section 1735 of the California Labor Code and not engage nor permit any subcontractors to engage in discrimination in employment of persons because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, or sex of such persons. Contractor acknowledges that a violation of this provision shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
Benefits 17.01 The Employer agrees, during the term of the Collective Agreement, to contribute towards the premium coverage of participating eligible employees in the active employ of the Employer under the insurance plans set out below subject to their respective terms and conditions including any enrolment requirements:
(a) The Employer shall pay one hundred percent (100%) of the billed premium for OHIP and will provide for payment of any reimposition of OHIP type premiums.
(b) The Employer agrees to contribute 100% of the billed premiums towards coverage of eligible employees in the active employ of the Employer under an Extended Health Care Plan, with a Drug Card providing for a $7.50 cap on re-imbursement on the dispensing fee and a $1.00 deductible per prescription. Positive Enrolment provision to be included. Effective October 31, 2011, reimbursement for prescribed drugs covered by the plan will be based on the cost of the lowest priced therapeutically equivalent generic version of the drug, unless there is a documented adverse reaction to the generic drug or unless the beneficiary’s doctor stipulates that the generic drug is not an alternative, in which case the reimbursement will be for the prescribed drug. In addition to the standard benefits, coverage will include hearing aids in the amount of $300/life time; and vision care in the amount of $300 every 24 months, with the right of the beneficiary to access the benefit one time only for corrective laser eye surgery. The Plan will include a paramedical coverage bank which covers the following services from paramedical providers who are licensed or registered in the province of Canada in which the services are provided: • Osteopath • Chiropractor • Podiatrist or Chiropodist • Naturopath or Homeopath • Audiologist • Physiotherapist • Psychologist • Speech Therapist • Acupuncturist • Massage Therapist • Ophthalmologist or Optometrist to a maximum of $750/insured person/year. Out-of-country benefits for all homes. It is also understood that coverage will include dependant children up to and including age 21.
(c) The Employer agrees to contribute 100% of the billed premium towards coverage of eligible employees in the active employ of the Employer under a group life insurance plan providing for a minimum of twice annual (2x) salary.
(d) The Employer agrees to contribute 50% of the billed premiums towards coverage of eligible employees in the active employ of the Employer under a Dental Plan (which is comparable to the Blue Cross #9 Dental Plan) or comparable coverage with another carrier; based on a one (1) year ODA fee schedule lag providing the balance of the monthly premiums are paid by the employees through payroll deductions. The Dental plan shall provide for Fluoride treatments only for persons under the age of 18 years and dental recall on a nine (9) month basis for persons 18 years and older. It is also understood that coverage will include dependant children up to and including age 21.
(a) Notwithstanding Articles 14 and 17, full-time employees who continue to be employed past age 65 shall be eligible for the following benefits under the same cost sharing basis as active employees: • 14.01 (a) • 17.01 (b) EHC • 17.01 (c) Reduce life insurance by 50% to the equivalent of one times (1x) salary • 17.01 (d) Dental
(b) Effective date of ratification, full-time employees who continue to be employed past age 65 shall be given a one-time option to continue with the benefits as described in part (a) above, or the employee can elect to receive the percentage-in-lieu as per Appendix “A” for all items now included in the payment. For clarity, once the full-time employee has elected to no longer receive benefits, the employee will not be able to participate in the benefit plans at a subsequent date.
(c) In any event, once an employee reaches age 70 and she continues to be employed she shall automatically be placed on the percentage-in-lieu as per Appendix “A” for all items now included in the payment.
17.03 The Employer shall provide to each person a copy of the current information booklets for those benefits provided under this Article. The Union shall be provided with a current copy of the Master Policy. It is clearly understood that the Employer's obligation pursuant to this Collective Agreement is to provide the insurance coverage bargained for. Any problem with respect to the insurer acknowledging or honouring any claims is a matter as between the employee and the insurer. The Employer will notify the Union if it intends to change the Insurance Carrier. Any grievance arising from the interpretation, application and/or administration of the health and welfare benefits shall be resolved as follows:
(a) The Union or Employer shall file a written grievance within ten (10) days of its learning that an alleged problem exists. For insured benefits, a copy of the grievance shall be forwarded to the insurers.
(b) Within ten (10) days of filing a grievance, the parties shall meet with a view to resolving the grievance.
(c) If the grievance is not resolved, as aforesaid, or if the parties fail to meet within the time limited, then the grievance shall be referred to a single arbitrator to be selected alternately from the list of arbitrators hereinafter provided.
(d) The arbitrator shall, in his/her discretion, determine the most expeditious manner of resolving the dispute consistent with affording each party a reasonable opportunity to present its case. The arbitrator may dispense with an oral hearing; receive only written submissions; hear evidence or submissions by conference call; receive evidence by affidavit and/or take such other steps as may be in his/her opinion appropriate.
(e) The arbitrator may in his/her discretion attempt to assist the parties in settling the dispute.
(f) The arbitrators for this process shall be Xxxxx Xxxxxxxx and Xxxxxx Xxxxxxxxxxx. If additional arbitrators are necessary, Xxxx Xxxxx shall remain seized to appoint these, if the parties are unable to agree.
(g) The arbitrator shall render a decision with ten (10) days of completion of the hearing. Written reasons are not required. Oral decisions confirmed in writing may be given.
(h) The fees and expenses of the arbitrator shall be shared equally by the Employer and the Union in cases where the benefit is self-insured and by the insurers and the Union where the benefit is insured.
(i) This process shall commence immediately for all self-insured benefits. Upon the expiry of any contracts of insurance for benefits, this process shall then apply to insured benefits. It is the responsibility of the Employer to obtain insurance which includes an agreement by the insurer to be bound by the process. If the Employer fails to obtain the agreement of an insurer, the grievance shall proceed as though it is a self-insured benefit.
(j) The parties agree that the decision of an arbitrator hereunder shall be final and binding and shall not be appealed or judicially reviewed by either party. The purpose of waiving any appeal rights or rights of judicial review is to avoid the cost and expense associated with the exercise of these rights.
(k) The decision of the arbitrator shall not have any value as a precedent in a subsequent case.
(l) If in the opinion of any party a grievance raises an issue which should be decided by the form of grievance arbitration provided by the Collective Agreement for all other grievances, upon the consent of all parties or if such consent is not forthcoming, with the approval of Xxxx Xxxxx, such approval to be obtained by a conference call, the grievance shall be transferred to the ordinary grievance/arbitration process.
17.04 The Employer may substitute another carrier for any of the foregoing plans (other than O.H.I.P.) provided that the level of benefits conferred thereby are not decreased. The Employer will advise the Union of any change in carrier or underwriter at least sixty (60) days prior to implementing a change in carrier.
17.05 The Employer agrees, during the term of the Collective Agreement, to contribute on behalf of participating eligible full-time employees who have completed three
Sick Leave Section 1. Xxxx leave credit will be earned in the following manner for full-time and part-time RNs only, excluding intermittent nurses.
A. One hundred twenty (120) hours shall be credited to a yearly sick leave pool as of the first full pay period in January of each year. Nurses who are not in pay status at the beginning of the year will have their sick hours pro-rated based on the percentage of the year missed. Sick time may be accumulated without limitation. Previously accumulated sick leave of employees shall be credited to their sick leave pool. Sick leave hours are pro-rated according to appointment level for part-time nurses. A physician's excuse is required following the fortieth (40th) consecutive hour of sick leave, when the leave is of a duration greater than forty (40) hours.
B. If the sick leave pool is exhausted any nurse may retroactively use accrued vacation time in lieu of unpaid sick leave.
Section 2. The provisions of this article shall apply to maternity and/or any disability arising therefrom. Sick leave benefit may be utilized for the duration of maternity and/or any resulting physical disability which is validated by a physician's certificate, so long as accrued time is available. When accrued time is not available, unpaid maternity leave is available to allow for a total leave of twelve (12) weeks, including all time taken for child- rearing purposes.
Section 3. If a nurse's physical disability continues beyond the time covered by his/her accumulated sick leave, he/she shall be granted a leave of absence without pay for a period up to six (6) months provided there is evidence submitted to the supervisor as to inability to work and the probable date of return. Upon a successful return to work exam and returning from leave, the nurse will be returned to his/her position if it has not been permanently filled; otherwise he/she shall be given whatever work is available for which he/she is qualified and will be given the first opportunity for consideration to return to his/her position when the position is open.
Section 4. Disability Leave may be granted instead of unpaid leave of absence, if there is no evidence or probable date of the nurse's return to work, or if an illness or disability continues past expiration of the unpaid leave. A nurse who has been given a Disability Leave shall have the right to be reinstated to the same or similar position he/she held at the time of his/her leave within thirty (30) days after written application for reinstatement and after passing a return to work examination by a licensed physician designated by the Center, showing that he/she has recovered from such disability, provided further that such application for reinstatement be filed within three (3) years from the date of separation, and further provided that such application not be filed after the date of service eligibility retirement. The Center will fill vacancies caused by long-term medical leaves that exist for a period of six (6) months, depending upon staffing needs of the department as determined by Center Administration and the employment availability of qualified registered nurses. This section shall not be construed as restricting Center management from taking appropriate action at an earlier date.
Section 5. If a nurse so chooses, he/she may use any earned but unused vacation or compensatory time before being granted a leave of absence without pay. A declaration of intent regarding such usage shall be made prior to the expiration of any accumulated sick leave. Requests to use vacation or compensatory time will not be honored once he/she has been granted an unpaid leave of absence.
Section 6. Nurses reinstated to their former position, recalled from layoff or who re-enter Center employment within ten (10) years shall be credited with any accumulated sick leave balance remaining at the end of their previous service. No prior credit is given if the employee was out of service more than ten (10) years, except for military leave.
Section 7. All previously accumulated and unused and/or unpaid sick leave of a nurse who has been separated from the public service shall be placed in his/her credit upon re- employment at the Center, provided that such re-employment takes place within ten
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.
