“Repairs” Defined. The term "Repairs" shall include replacement or renewals, when necessary, and all repairs made by Hardy and City shall be at least equal in quality, class and kind to the original work.
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Definitions As used in this Agreement:
PREAMBLE The parties agree that this article constitutes the method and procedure for a final and conclusive settlement of any dispute (hereinafter referred to as "the grievance") respecting the interpretation, application, operation or alleged violation of this Collective Agreement, including a question as to whether a matter is arbitrable.
General Provisions In connection with any Registration Statement and any Prospectus required by this Agreement to permit the sale or resale of Transfer Restricted Securities (including, without limitation, any Registration Statement and the related Prospectus required to permit resales of Initial Securities by Broker-Dealers), each of the Company and the Guarantors shall:
TERM OF AGREEMENT This Agreement shall continue in full force and effect until the tenth (10th) anniversary of Bank Closing; provided, that the provisions of Section 6.3 and 6.4 shall survive the expiration of the term of this Agreement; and provided further, that the receivership of the Failed Bank may be terminated prior to the expiration of the term of this Agreement, and in such event, the guaranty of the Corporation, as provided in and in accordance with the provisions of Section 12.7 shall be in effect for the remainder of the term of this Agreement. Expiration of the term of this Agreement shall not affect any claim or liability of any party with respect to any (i) amount which is owing at the time of such expiration, regardless of when such amount becomes payable, and (ii) breach of this Agreement occurring prior to such expiration, regardless of when such breach is discovered.
Construction The parties agree that each of them and/or their respective counsel have reviewed and had an opportunity to revise the Transaction Documents and, therefore, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of the Transaction Documents or any amendments thereto. In addition, each and every reference to share prices and shares of Common Stock in any Transaction Document shall be subject to adjustment for reverse and forward stock splits, stock dividends, stock combinations and other similar transactions of the Common Stock that occur after the date of this Agreement.
ARTICLE It is understood for those who normally rotate shifts that a weekend consists of fifty-six consecutive hours off work during the period following completion of the Friday day shift until the commencement of the Monday day shift. ARTICLE For the purpose of this agreement, the fol- lowing shall be as holidays: New Year’s Day Monday in February Good Friday Easter Monday Victoria Day Dominion Day Civic Holiday Labour Day Thanksgiving Day Christmas Day boxing Day An employee who completes sixty days worked will be to a twelfth holiday in the form of a floating holiday. Such float- ing holiday will be given at a time mutually ARTICLE agreeable to the Hospital and the employee. If a day is designated as the float holiday for an employee and then that employee is re- quired to work on such designated holiday that employee shall receive pay at the rate of time and one half his basic rate. If Heritage Day is proclaimed as a holiday, then the “Third Monday in February” holi- day shall become the date proclaimed as Heritage Day. In order to qualify for designated holiday pay, an employee must work his last full scheduled shift immediately preceding and his first full scheduled shift immediately following the holiday, unless his absence is due to sickness and the employee presents a certificate of illness which is acceptable to the Hospital. If such holiday occurs while he is on leave of absence, he will not receive pay for that day. If a paid holiday is observed during the employee’s vacation period or on her regular day off, provided she the require- ments of Article within sixty after the occurrence of the holiday, she shall receive a day off with pay at her basic straight time to the employee and Hospital. If a lieu day cannot be mutually agreed upon within the sixty day limit, the Hospital may assign such day (after the sixtieth day) at its discretion. When an employee is absent on Workers’ Compensation and the absence is in excess of days the employee will not qualify for payment of any holiday or holidays that occur during the period of the absence be- yond the days. An employee paid holiday pay hereunder shall not receive sick leave pay to which she may otherwise have been entitled. If an employee is continuously absent due to an accident or illness which commenced in the thirty calendar days prior to the holiday and including the holiday the em- ployee will qualify for payment if she/he presents a bona fide medical certificate of illness or disability.
Term The term of this Agreement will be ten (10) years from the Effective Date (as such term may be extended pursuant to Section 4.2, the “Term”).
Definition The following definition applies in addition to the definitions in Chapter 287, Florida Statutes (F.S.), and Rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Choice of Law The Agreement between the Vendor and TIPS/ESC Region 8 and any addenda or other additions resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. Venue, Jurisdiction and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract issued by TIPS resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Camp County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. Venue for any dispute resolution process, other than litigation, between TIPS and the Vendor shall be located in Camp or Xxxxx County, Texas.
Miscellaneous The Vendor acknowledges and agrees that continued participation in TIPS is subject to TIPS sole discretion and that any Vendor may be removed from the participation in the Program at any time with or without cause. Nothing in the Agreement or in any other communication between TIPS and the Vendor may be construed as a guarantee that TIPS or TIPS Members will submit any orders at any time. TIPS reserves the right to request additional proposals for items or services already on Agreement at any time.
