Action by Written Consent or Telephone Conference Any action permitted or required by the Act, the Certificate or this Agreement to be taken at a meeting of the Members may be taken without a meeting if a consent in writing, setting forth the action to be taken, is signed by the Majority Members. Such consent shall have the same force and effect as a unanimous vote at a meeting and may be stated as such in any document or instrument filed with the Secretary of State of Delaware, and the execution of such consent shall constitute attendance or presence in person at a meeting of the Members. Subject to the requirements of the Act, the Certificate or this Agreement for notice of meetings, unless otherwise restricted by the Certificate, the Members may participate in and hold a meeting by means of a telephone conference or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in such meeting shall constitute attendance and presence in person at such meeting.
PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS 11.1 The Employer, the Employees and the Union agree that for the purposes of s. 81 of the WHS Act matters about work health and safety arising at the workplace shall be resolved in accordance with this procedure. 11.2 The Parties agree that for the purposes of this procedure and s. 81(3) of the WHS Act the following persons shall be the representatives of the following parties: (a) the Principal Contractor (as defined in the WHS Act) - Site Manager or any other person nominated by the Principal Contractor (b) the Employers - the Site Manager or any other person nominated by the Employer(s) (c) The Employees - the Union or other representatives. (Collectively referred to as "Nominated Parties”) 11.3 The Nominated Parties agree that representatives shall be entitled to: (a) inspect any work system, plant, substance, structure, or other thing relevant to resolving the issue (b) consult with relevant Employees in relation to resolving the issue (c) consult with the relevant PCBU (as defined in the WHS Act) about resolving the issue (d) inspect and take copies of any document that is directly relevant to resolving the issue; and (e) advise any person whom the representative reasonably believes to be exposed to a serious risk to his or her health and safety, emanating from an immediate and imminent exposure to a hazard of that risk. 11.4 The Nominated Parties and/or their representatives may commence the procedure by informing, either by themselves or their representative, the other Parties and/or representatives that: (a) there is an issue to be resolved; and (b) the nature and scope of the issue. 11.5 As soon as the Parties and/or their representatives are informed of the issue, the Nominated Parties and/or their representatives must meet or communicate with each other to attempt to resolve the issue. 11.6 The Nominated Parties and/or their representatives must have regard to all relevant matters including: (a) the degree and imminent risk to the Employees or other persons affected by the issue. (b) the number and location of Employees and other persons affected by the issue. (c) the measures both temporary and permanent that must be implemented to resolve the issue. (d) who will be responsible for implementing the resolution measures. (e) whether the hazard or risk can be isolated; and (f) the time that may elapse before the hazard or risk is permanently corrected. 11.7 Once the issue is resolved details of the issue and its resolution must be set out in writing with all Nominated Parties and/or their representatives to be satisfied that the agreement reflects the resolution of the issue with a copy given to all Nominated Parties and/or their representatives to the issue. The issue, once resolved, shall be recorded in the next safety committee meeting minutes with the agreed resolution. 11.8 The Nominated Parties and/or their representatives must make reasonable efforts to achieve a timely and final resolution of the issue. If within a reasonable time there is still no resolution, any of the Nominated Parties attempting to resolve the issue may then ask Work Health and Safety Queensland, and/or the QBCC, where applicable, to arrange for an inspector to attend the workplace to assist in resolving the issue. 11.9 Direction to cease work (a) If - (i) an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of the Employer; and (ii) the issue concerns work which involves an immediate threat to the health or safety of any person; and (iii) given the nature of the threat and degree of risk, it is not appropriate to adopt the processes set out in clause 11.7 above (b) the Employer and/or the health and safety representative for the designated work group in relation to which the issue has arisen may, after consultation between them, direct that the work is to cease. (c) During any period for which work has ceased in accordance with such a direction, the Employer may assign any Employees whose work is affected to suitable and safe alternative work. 11.10 Fundamental to this process is a standing invitation for Union representatives to attend site to assist with all matters relating to health and safety. 11.11 Employees are not required to work in circumstances where the employee or a Union representative reasonably believes a safety law is being, or will be, contravened. Consultation between the relevant parties will occur throughout this procedure including with senior representatives of the Employer and the Union.
Suspension of unsafe Construction Works (i) Upon recommendation of the Authority’s Engineer to this effect, the Authority may by notice require the Contractor to suspend forthwith the whole or any part of the Works if, in the reasonable opinion of the Authority’s Engineer, such work threatens the safety of the Users and pedestrians. (ii) The Contractor shall, pursuant to the notice under Clause 11.17 (i), suspend the Works or any part thereof for such time and in such manner as may be specified by the Authority and thereupon carry out remedial measures to secure the safety of suspended works, the Users and pedestrians. The Contractor may by notice require the Authority’s Engineer to inspect such remedial measures forthwith and make a report to the Authority recommending whether or not the suspension hereunder may be revoked. Upon receiving the recommendations of the Authority’s Engineer, the Authority shall either revoke such suspension or instruct the Contractor to carry out such other and further remedial measures as may be necessary in the reasonable opinion of the Authority, and the procedure set forth in this Clause 11.17 shall be repeated until the suspension hereunder is revoked. (iii) Subject to the provisions of Clause 21.6, all reasonable costs incurred for maintaining and protecting the Works or part thereof during the period of suspension (the “Preservation Costs”), shall be borne by the Contractor; provided that if the suspension has occurred as a result of any breach of this Agreement by the Authority, the Preservation Costs shall be borne by the Authority. (iv) If suspension of Works is for reasons not attributable to the Contractor, the Authority’s Engineer shall determine any Time Extension to which the Contractor is reasonably entitled.
Liability for Failure to Stop Payment of Preauthorized Transfers If you order us to stop payment of a preauthorized transfer three (3) business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Pre-Construction Conference Participate in a Pre-Construction Conference prior to commencement of Work at the Site.
Distribution or Notice to Representative Whenever a distribution is to be made or a notice given to holders of Senior Indebtedness, the distribution may be made and the notice given to their Representative (if any).
Participation by Telephone One or more of the Trustees or of any committee of the Trust may participate in a meeting thereof by means of a conference telephone or similar Communications equipment allowing all persons participating in the meeting to hear each other at the same time. Participation by such means shall constitute presence in person at a meeting except as otherwise provided by the Investment Company Act of 1940.
Telephone Service 7.1 Telephone service means, without visiting the Bank, remotely, commensurate with the procedures and regulations established by the Bank, a client’s using telephone communication, to employ various bank services via the telephone number registered at the Bank. In particular: 7.1.1 Obtaining bank information; 7.1.2 Obtaining information on the client’s account(s) requisites, balances and transactions; 7.1.3 Subscribing for various bank services determined by the Bank and amending the registered data; 7.1.4 Within the limits, making transfers and conversions between own accounts; 7.1.5 Changing the email address and factual/legal address; 7.1.6 Opening current and/or deposit account(s); 7.1.7 Expressing a will to receive, change and/or cancel various bank products (among them credit/deposit) (submission of an application to the Bank); 7.1.8 Adding amounts to deposits, consistent with the terms provided in the respective agreement; 7.1.9 Submission of an application (expression of request) to produce a new card/renew, block/unblock the card; 7.1.10 Renewing, blocking the internet bank password; 7.1.11 Transferring money on a credit/installment card of the client and/or depending on the credit limit established for the card payment of the due amount, including pre-payment; 7.1.12 Submission of an application to receive back the amount charged by an ATM. 7.2 The telephone service is activated upon a client’s opening an account. The telephone service is applicable to all bank accounts of the client. If the client does not wish to receive a telephone service with regard to any of their accounts, the client must notify the Bank in writing or in another form envisaged by this agreement (including by notifying via contact center [telephone service center of the Bank], or by means of the internet bank). 7.3 The client is entitled to make a call from any telephone number for the purpose of blocking the bank card and/or to obtain any general bank information. Blocking the bank card shall be effected only after the client is identified. 7.4 By this agreement, the client expresses consent that any telephone conversation with them (as well as any request/application to obtain bank information, registration for using the service center, amending registered data, receiving bank [including credit/deposit] products and/or carrying out a transaction) shall be recorded on the electronic database of the Bank and in case of dispute the record shall be used as evidence. 7.5 The Bank, for the purpose of identification of the client, shall use telephone numbers of the client registered at the Bank and the questions pre-determined by the Bank. The client is identified before providing a telephone service or any other bank service/upon registering for various bank products (electronic services). Without passing the process of identification, the client shall not receive the telephone service described in clause 7.1 of this agreement, other than bank information of a general nature. Upon each telephone communication with the Bank (each time of receiving a telephone service), the client should undergo the identification procedure (give correct answers to the questions [pre-determined by the Bank] raised by the contact center operator). 7.6 The Bank is authorized to refuse to provide telephone service to a person who fails pass the identification procedure. 7.7 In the event the bank representative suspects that a third person other than the client is making attempts to obtain information or carry out a transaction, the Bank is authorized to refuse to perform the telephone service(s). 7.8 For the purpose of identifying a client, the Bank is entitled, at its own discretion, to establish additional mechanisms (requirements) in case of the disregard of which the client will be unable to receive the service described in clause 7.1 of the present agreement, other than bank information of a general nature. 7.9 The client orders the Bank and gives it the right, while establishing telephone communication with the Bank and after passing relevant identification/verification procedures, to: 7.9.1 Provide to them information on their accounts; 7.9.2 At the request of the client, to perform transactions allowed by the Bank within the limits of the telephone service. 7.10 The client is authorized, at any time, to request the Bank to stop telephone calls service provision and/or offering product(s)and registering. To register such a request, the client should perform one of the listed actions below: 7.10.1 Visit a bank branch/service center; 7.10.2 Register the request at the contact center; 7.10.3 Send a notification to the Bank via the internet bank. 7.11 The Bank is obliged, no later than 10 (ten) working days after receiving the request from the client indicated in clause 7.10 of the agreement, to stop making telephone calls to the client for the purpose of offering services and/or products and registration.
Compliance with Xxxxxxxx-Xxxxx The Company and its subsidiaries and their respective officers and directors are in compliance in all material respects with the applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 (the “Xxxxxxxx-Xxxxx Act,” which term, as used herein, includes the rules and regulations of the Commission promulgated thereunder).
Notification of Government Investigation or Legal Proceeding Provider shall notify OIG, in writing, of any ongoing investigation or legal proceeding by a governmental entity or its agents involving an allegation that Provider has committed a crime or has engaged in fraudulent activities, within 30 days of Provider receiving notice of such investigation or legal proceeding. This notification shall include a description of the allegation(s), the identity of the investigating or prosecuting agency, and the status of such investigation or legal proceeding. Within 30 days after resolution of the matter, Provider shall notify OIG, in writing, of the resolution of the investigation or legal proceeding.
