Reliefs. 8.1 If any Liability to Taxation (or Transaction giving rise to that Liability to Taxation) has resulted in a payment having been made or becoming due from the Warrantors under the Tax Covenant gives rise to a Relief for the relevant Group Company (other than a Purchaser’s Relief) which would not otherwise have arisen and which has not previously been set against any liability of the Warrantors under the Warranties or this Tax Covenant, then the Purchaser shall give the Warrantors’ Representative full details of the entitlement as soon as practicable and in any event within 14 days of the Purchaser or the relevant Group Company becoming aware of the entitlement arising and the Purchaser shall at the request of the Warrantors’ Representative and at the Warrantors’ expense take all reasonable steps to procure that the Relief shall be obtained, keeping the Warrantors’ Representative informed of the progress of any action taken. As and when such Relief reduces a liability to make an actual payment of Tax (other than a liability for which the Purchaser would be entitled to bring a Tax Claim), the amount of that reduction shall be dealt with in accordance with paragraph 8.2 below.
8.2 Where it is provided under paragraph 8.1 that any amount (the “relevant amount”) is to be dealt with in accordance with this sub-clause:
(a) the relevant amount shall first be set-off against any payment then due from the Warrantors under the Tax Covenant;
(b) to the extent that there is an excess, a refund shall be made to the Warrantors of any previous payment made by the Warrantors under the Tax Covenant (to the extent not previously refunded under this paragraph 8) up to the amount of such excess; and
(c) to the extent that the excess referred to in paragraph 8.2(b) above is not exhausted under that paragraph, the remainder of the excess shall be carried forward and set off against any future payment or payments which become due from the Warrantors under the Tax Covenant.
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. 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. 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. (4)10.17
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. 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.
Reliefs. If the auditors for the time being of any Group Company shall certify (at the request and expense of the Sellers) that any Tax which has resulted in a payment having been made or becoming due from the Sellers under this Schedule has given or will give rise to a Relief (other than an Accounts Relief) for any Group Company which would not otherwise have arisen and which has given rise to a reduction in Tax of any Group Company for which the Sellers are not liable under this Schedule, then the amount by which that liability is so reduced shall be dealt with in accordance with paragraph 5.3.
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. 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.
