Reassignment and Replacement Sample Clauses

Reassignment and Replacement. Service Provider shall not reassign or replace any Service Provider Key Employees from the Commencement Date unless: (1) County consents in writing to such reassignment or replacement or (2) the individual (a) voluntarily resigns from Service Provider, (b) is unable to work due to his or her disability or (c) takes a leave of absence from Service Provider for illness or under the Family and Medical Leave Act. Subparts (1) and (2) are collectively referred to as “Approved Reassignments.” Except for a replacement or reassignment of the Service Provider Key Employees due to the occurrence of an Approved Reassignment, Service Provider shall not reassign or replace any Service Provider Key Employee, if such reassignment or replacement would materially disrupt County’s operations, until the completion of any projects to which the Service Provider Key Employee is assigned. No Approved Reassignment of a Service Provider Key Employee shall occur without at least sixty (60) calendar days’ prior written notice to County. If any time from the Commencement Date, any Service Provider Key Employee becomes incapacitated, disabled, takes a leave of absence, voluntarily terminates his/her employment with Service Provider, is terminated by Service Provider, or is transferred, reassigned or redeployed with the consent of County, within forty-eight (48) hours (unless additional time is granted by County), Service Provider shall replace such person with another person approved by County. Service Provider shall permanently replace such person with another person approved by County within thirty (30) calendar days of the assignment of a temporary person. The permanent replacement employee shall be equivalent to or exceed the original employee relative to skill set, training and job duties assigned. If the Service Provider fails to provide a satisfactory replacement employee within (30) thirty calendar days, the County shall be entitled to a credit of $15,000 per Service Provider Key Employee per month against sums owed the Service Provider until a satisfactory replacement is provided and approved by the County. If said position goes unfilled by a qualified employee for more than ninety (90) calendar days, the County shall have the option to begin the Dispute Resolution process during which the $15,000 shall still accrue.
Sample 1
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Reassignment and Replacement. SCN shall not reassign, replace or redeploy any SCN Key Personnel unless (1) the Executive Director consents in writing to such reassignment or replacement, which consent shall not be unreasonably withheld, (2) the individual (a) voluntarily resigns from SCN, (b) is dismissed by SCN for (i) cause or misconduct (e.g., fraud, drug abuse, theft) or (ii) unsatisfactory performance in respect of his or her duties and responsibilities to ANAHEIM or SCN, (c) is removed from the SCN Personnel pursuant to Section 1.6.6.1 below, (d) is unable to work due to his or her death or disability or (e) takes a leave of absence from SCN for illness or under the Family and Medical Leave Act or (3) the individual is temporarily reassigned or temporarily redeployed by SCN for a period not to exceed seven (7) days (a “Temporary Reassignment”), provided, however, any such Temporary Reassignment shall not materially interfere with the SCN Key Personnel’s responsibilities (i) at the ACC or (ii) to ANAHEIM pursuant to the terms and conditions of this Agreement (subparts (1), (2) and (3) herein are collectively referred to as “Approved Reassignments”). Except for a reassignment, replacement or redeployment of the SCN Key Personnel due to the occurrence of an Approved Reassignment, SCN shall not reassign, replace or redeploy any SCN Key Personnel, if such reassignment, replacement or redeployment would materially disrupt ANAHEIM’s operations, until the completion of any projects to which the SCN Key Personnel is assigned. Except for a Temporary Reassignment, no Approved Reassignment of a SCN Key Personnel shall occur without prompt written notice to ANAHEIM. If within one year from the Effective Date, any SCN Key Personnel becomes incapacitated, disabled, takes a leave of absence, voluntarily terminates his/her employment with SCN, is terminated or removed for cause by SCN, or is transferred, reassigned or redeployed with the consent of the Executive Director, within forty-eight (48) hours after the expiration of a ninety-day period (unless additional time is granted by the Executive Director), SCN shall replace such person with another person approved by the Executive Director in accordance with Section 1.6.6.1 below.
Sample 1

Related to Reassignment and Replacement

  • Repair and Replacement Company shall be responsible to Lessor for reasonable replacement costs, or reasonable repair costs of all Equipment which is lost, stolen, or damaged while in the care, custody and control of Company as a result of Company's sole negligence in accordance with paragraph 2 above, reasonable wear and tear excepted, using the Actual Cash Value of the Equipment at the time of such loss. Prior to repairing the Equipment, Lessor shall submit to Company at least three estimates, including at least one estimate from a repair facility designated by Company. In the event the Equipment is lost or stolen, Company shall file a police report.

  • Assignment and Novation 34.1 The Supplier shall not assign, novate, or otherwise dispose of or create any trust in relation to any or all of its rights, obligations or liabilities under this Framework Agreement or any part of it without Approval. 34.2 The Authority may assign, novate or otherwise dispose of any or all of its rights, liabilities and obligations under this Framework Agreement or any part thereof to: 34.2.1 any Other Contracting Body; or 34.2.2 any Central Government Body or other body established by the Crown or under statute in order substantially to perform any of the functions that had previously been performed by the Authority; or 34.2.3 any private sector body which substantially performs the functions of the Authority, and the Supplier shall, at the Authority’s request, enter into a novation agreement in such form as the Authority shall reasonably specify in order to enable the Authority to exercise its rights pursuant to this Clause 34.2. 34.3 A change in the legal status of the Authority such that it ceases to be a Contracting Body shall not, subject to Clause 34.4 affect the validity of this Framework Agreement and this Framework Agreement shall be binding on any successor body to the Authority. 34.4 If the Authority assigns, novates or otherwise disposes of any of its rights, obligations or liabilities under this Framework Agreement to a body which is not a Contracting Body or if a body which is not a Contracting Body succeeds the Authority (both “Transferee” in the rest of this Clause) the right of termination of the Authority in Clause 30.4 (Termination on Insolvency) shall be available to the Supplier in the event of the insolvency of the Transferee (as if the references to Supplier in Clause 30.4 (Termination on Insolvency)) and to Supplier or Framework Guarantor or Call Off Guarantor in the definition of Insolvency Event were references to the Transferee.

  • Transfer and Replacement This Warrant and all rights hereunder are transferable in whole or in part upon the books of the Company by the Holder hereof in person or by duly authorized attorney, and a new Warrant or Warrants, of the same tenor as this Warrant but registered in the name of the transferee or transferees (and in the name of the Holder, if a partial transfer is effected) shall be made and delivered by the Company upon surrender of this Warrant duly endorsed, at the office of the Company in accordance with Section 5.1 hereof. Upon receipt by the Company of evidence reasonably satisfactory to it of the loss, theft or destruction, and, in such case, of indemnity or security reasonably satisfactory to it, and upon surrender of this Warrant if mutilated, the Company will make and deliver a new Warrant of like tenor, in lieu of this Warrant; provided that if the Holder hereof is an instrumentality of a state or local government or an institutional holder or a nominee for such an instrumentality or institutional holder an irrevocable agreement of indemnity by such Holder shall be sufficient for all purposes of this Warrant, and no evidence of loss or theft or destruction shall be necessary. This Warrant shall be promptly cancelled by the Company upon the surrender hereof in connection with any transfer or replacement. Except as otherwise provided above, in the case of the loss, theft or destruction of a Warrant, the Company shall pay all expenses, taxes and other charges payable in connection with any transfer or replacement of this Warrant, other than income taxes and stock transfer taxes (if any) payable in connection with a transfer of this Warrant, which shall be payable by the Holder. Holder will not transfer this Warrant and the rights hereunder except in compliance with federal and state securities laws and except after providing evidence of such compliance reasonably satisfactory to the Company.

  • Replacements and Replacement Reserve Borrower shall cause Mortgage Borrower to comply with all the terms and conditions set forth in Section 7.3 of the Mortgage Loan Agreement. In the event that, prior to the payment and performance in full of all obligations of Borrower under the Loan Documents, (1) (i) Mortgage Borrower is required to maintain the Replacement Reserve Fund pursuant to the terms of Section 7.3 of the Mortgage Loan Agreement, but Mortgage Lender waives such requirement, (ii) Mortgage Borrower is no longer required pursuant to the terms of the Mortgage Loan Agreement to maintain the Replacement Reserve Fund or (iii) the Mortgage Loan has been repaid in full, and (2) (i) Mezzanine A Borrower is required to maintain the Replacement Reserve Fund pursuant to the terms of Section 7.3 of the Mezzanine A Loan Agreement, but Mezzanine A Administrative Agent waives such requirement, (ii) Mezzanine A Borrower is no longer required pursuant to the terms of the Mezzanine A Loan Agreement to maintain the Replacement Reserve Fund (other than as expressly contemplated under the terms of the Mezzanine A Loan Agreement) or (iii) the Mezzanine A Loan has been repaid in full, then (A) Administrative Agent shall have the right to require Borrower to establish and maintain a reserve account that would operate in the same manner as the Replacement Reserve Fund pursuant to Section 7.3 of the Mortgage Loan Agreement, and (B) the provisions of Section 7.3 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference.

  • Reassignment and Transfer Terms The Investor Certificates shall be subject to retransfer to the Seller at its option, in accordance with the terms specified in subsection 12.02(a), on any Distribution Date on or after the Distribution Date on which the Investor Interest is reduced to an amount less than or equal to 5% of the Initial Investor Interest. The deposit required in connection with any such repurchase shall include the amount, if any, on deposit in the Principal Funding Account and will be equal to the sum of (a) the Investor Interest and (b) accrued and unpaid interest on the Investor Certificates through the day preceding the Distribution Date on which the repurchase occurs.

  • ASSIGNMENT AND SUB-LETTING Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement.

  • Provision and Removal of Equipment B2.1 The Contractor shall provide all the Equipment necessary for the supply of the Services.

  • Assignment and Charges a) The Developer shall not assign in favour of any person this Agreement or the rights, benefits and obligations hereunder save and except with prior consent of the Authority. b) The Developer shall also not create nor permit to subsist any Encumbrance over the Project except with prior consent in writing of the Authority, which consent the Authority shall be entitled to decline without assigning any reason whatsoever. c) Restraint set forth in Clause 14.1 (a) and (b) shall not apply to: (i) Liens/encumbrances arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Developer; (ii) Pledges/hypothecation of goods/moveable assets, revenue and receivables as security for indebtedness, in favour of the Lenders and working capital providers for the Project; (iii) Assignment of Developers rights and benefits under this Agreement to or in favour of the Lenders as security for financial assistance provided by them.

  • Reassignment The Superintendent cannot be reassigned from the position of Superintendent to another position without the Superintendent’s express written consent.

  • ASSIGNMENT AND SUB-CONTRACTING The benefit and burden of this Contract may not be assigned or sub-contracted in whole or in part by the Contractor without the prior written consent of the Department. Such consent may be given subject to any conditions which the Department considers necessary. The Department may withdraw its consent to any sub-contractor where it no longer has reasonable grounds to approve of the sub-contractor or the sub-contracting arrangement and where these grounds have been presented in writing to the Contractor.

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