Reliefs. 9.1 If a Liability to Taxation under paragraph 3, which has resulted in a payment by the Principal Shareholders under Part 3 of this schedule, has given rise to a Relief (other than a Principal Shareholders’ Relief that is the subject of paragraph 6.4.4 (limitations) or paragraph 10.2) for the Company which would not otherwise have arisen, and either:
9.1.1 the Managers’ Representative notifies the Buyer by the Second Payment Date that such Relief will arise as a result of such Liability to Taxation that the Company can use to reduce or eliminate an Actual Liability to Taxation in respect of which the Principal Shareholders would not have been liable under the covenant under paragraph 3 (ignoring for this purpose the application of paragraph 1.5 (Threshold) of schedule 5); or
9.1.2 the relevant Company has by the Second Payment Date utilised such Relief to reduce or eliminate an Actual Liability to Taxation in respect of which the Principal Shareholders would not have been liable under the covenant under paragraph 3 (ignoring for this purpose the application of paragraph 1.5 (Threshold) of schedule 5) then the Buyer shall repay to the Escrow Account (where such repayment shall be held in accordance with the provisions of clause 11), or, where the due date for payment falls after the Second Payment Date, to the Managers’ Representative for the account of the Principal Shareholders, an amount equal to the lesser of:
9.1.3 the Actual Liability to Taxation which has been eliminated; or
9.1.4 the amount by which such Actual Liability to Taxation is reduced.
9.2 Payment shall be due by the Buyer under this paragraph 9 on the date on which the payment of the Actual Liability to Taxation is or would have been due or, where appropriate, the date on which the Company receives a repayment in respect of the Relief. The amount which the Buyer is liable to pay hereunder shall not in any case exceed the amount paid by the Principal Shareholders under this schedule in respect of the Liability to Taxation which has given rise to the Relief in question.
Reliefs. In any event that any of the parties violates its obligations pursuant to this agreement, all provisions and stipulations of the Contracts Law (remedies for contract violation) - 1970 shall apply to this violation, subject to the provisions of the rental agreement and this managing agreement.
Reliefs. There will be three (3) millwrights used for shift relief based on department seniority. The Company will attempt to assign the relief equally amongst these three. If there is a long absence, the junior shift relief will be assigned to it. On two-week vacations, etc., the same man will be used for both weeks. Relief Millwrights when replacing regular shift personnel will work a five (5) day forty (40) hour week unless assigned to 6-3. When an absence occurs in the shift group it will be determined, where possible, how long the absence will be:
9.61.01 If the absence will be four (4) work cycles or more, the junior relief man will be assigned to replace the absent shift man, as soon as practical, and the relief will follow the 6-3 schedule of the man he is replacing.
9.61.02 If the absence period is unknown after one (1) work cycle, the junior relief man will be assigned to replace the absent shift man as soon as practical, and the relief will follow the 6-3 schedule he is replacing.
9.61.03 Once the absent employee returns, the relief man will be re-assigned to day work one (1) day extra (straight time) if required to make up lost paid hours due to working the 6-3 schedule (exclusive of overtime).
Reliefs. Where the shift remains unfilled, the Service Supervisor with the least bargaining unit seniority must accept the work.
Reliefs. Where the shift remains unfilled, the Job Planner with the least bargaining unit seniority must accept the work.
Reliefs. The Seller shall not be liable for any Claim to the extent that any Tax relief or other deduction arising before Completion is available (or would be available upon the making of a Claim by the relevant Group Company) to reduce or otherwise mitigate the liability of the Group Company which is the subject of such Claim.
Reliefs. Where the shift remains unfilled, the Garage Supervisor with the least bargaining unit seniority must accept the work.
Reliefs. 10.1 Any such liabilities shall not extend to any part of the loss or damage suffered by the Purchaser or the Company to the extent that such part shall be used or shall be capable of being used by the Purchaser or the Company or any present or future subsidiaries of either of them to offset in whole or in part any past present or future liability to Taxation.
Reliefs. 9.1 The following shall be considered as cases of relief if they intervene after the formation of any Contract and impede its performance, industrial disputes and any other circumstances (e.g. fire, mobilisation, requisition embargo, currency restrictions, insurrection, shortage of transport, general shortage of materials and restrictions in use of power) when such other circumstances are beyond the control of the parties.
9.2 The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof.
9.3 The effects of the said circumstances so far as they are affect the timely performance of their obligations by the parties are defined in Clauses 3 and 4. Save as provided in paragraph 3.4, 3.6 and 4.4, if by reason of any of the said circumstances the performance of the Contract within a reasonable time becomes impossible either party shall be entitled to terminate the Contract by notice in writing to the other party without requiring the consent of any Court.
Reliefs. 15.1 Each Party shall be excused from fulfillment of any obligations under an Agreement to the extent that and for so long as such fulfillment is prevented or delayed in whole or in part by strikes, lockouts, or other labor disturbances or by causes beyond its reasonable control, such as fire, flood, war, embargoes, blockades, riots, governmental interference, Acts of God and defects or delays in deliveries by subcontractors if caused by any circumstances referred to in this Section.
15.2 If by reason of any circumstances as above mentioned, the fulfillment of an Agreement becomes impossible for more than ninety (90) consecutive days then either Party shall be entitled to terminate the Agreement by written notice to the other Party.
