Restoration of Days Off. 1) A Flight Attendant who is entitled to restoration of a day(s) off due to drafting, reassignment, or arriving late inbound at the conclusion of the trip two (2) or more hours into the Flight Attendant’s scheduled day off, or past midnight if her/his originally scheduled arrival time was 1900 LT or earlier, may elect either to be paid for the lost day off or to have the day restored, unless she/he will be unable to maintain the eight (8) day minimum, in which case she/he will be required to have the day(s) off restored. 2) A Flight Attendant must notify Crew Scheduling of her/his choice within (twenty-four) 24 hours of the completion of the assignment. If she/he does not, the Flight Attendant will be paid, as described in iii., below, for the lost day off. She/he may not later request that the day off be restored. 3) If the Flight Attendant’s choice is to be paid for the lost day off, 4 hours will be added to MMG, per Section 3. 4) If the Flight Attendant’s choice is to have the day off restored, she/he will designate three (3) choices within the current bid period. These choices will not be on New Year’s Day, July 4th, Thanksgiving, Christmas Eve, Christmas Day or New Year’s Eve and must be on the first or last day of a scheduled trip or a reserve block. Crew Scheduling will make every effort to accommodate her/ his first choice. She/he must be given the day off in the same bid period or the next period after the original day(s) was lost, on a regular scheduled work day(s). 5) Restoration of a day(s) off during a multiple day trip will be either the first or last day of the trip subject to mutual agreement between the Flight Attendant and Crew Scheduling. If a Flight Attendant must drop a multiple day trip to restore a day(s) off, she/he will have the option of not accepting reassignment for the remainder of the dropped trip. In this case the Flight Attendant will either have her/his line value or MMG reduced or, with the concurrence of the Company, she/he may be relieved of all assignment responsibility with no loss of pay. 6) If the Flight Attendant’s choice is to have the day off restored, she/he will receive pay and credit for the value of all credit lost due to the restored day.

Restoration of Days Off. A flight attendant who is entitled to restoration of a day(s) off and who declines payment for the day must be given the day off within ninety (90) days after the original day(s) was lost, on a regular scheduled work day(s). When there is a choice of days off to be restored, the restoration will be given on a day(s) mutually agreed upon by Xxxxxxxxxx and the flight attendant. Restoration of a day(s) off during a multiple day pairing will be either the first or last day of the pairing subject to mutual agreement between the flight attendant and Scheduling. A flight attendant will receive pay and credit for the value of the flight time lost on the restored day(s). If a flight attendant must drop a multiple day pairing to restore a day(s) off, s/he will have the option of not accepting reassignment for the remainder of the dropped pairing. In this case the flight attendant will either have her/his guarantee reduced or receive her/his pay guarantee in accordance with Section 5.K. Unless a flight attendant declines payment or will be unable to maintain the eight (8) day minimum, s/he will receive five hours (5:00) pay in addition to all other pay for the month in lieu of a restored day(s) off. If the day being restored was a reserve flight attendant’s immovable day off, the restored day will likewise be immovable. If the lost day off is not restored as provided above within ninety (90) days, the flight attendant will be entitled to five hours (5:00) pay in addition to all other pay for the month for the lost day off. To receive the pay, the flight attendant must submit a pay claim.

Restoration of Days Off. A flight attendant who is entitled to restoration of a day(s) off and who declines payment for the day(s) must be given the day(s) off within ninety (90) days after the original day was lost, on a regular scheduled work day(s). When there is a choice of days off to be restored, the restoration will be given on a day(s) mutually agreed upon by Scheduling and the flight attendant. Restoration of a day(s) off during a multiple day pairing will be either the first or last day of the pairing subject to mutual agreement between the flight attendant and Scheduling. A flight attendant will receive pay and credit for the value of the flight time lost on the restored day(s). If a flight attendant must drop a multiple day pairing to restore a day(s) off, s/he will have the option of not accepting reassignment for the remainder of the dropped pairing provided her/his monthly minimum does not go below forty hours (40:00). Unless a flight attendant declines payment or will be unable to maintain the eight (8) day minimum, s/he will receive five hours (5:00) pay in addition to all other pay for the month in lieu of a restored day(s) off. If the day being restored was a reserve flight attendant’s immovable day off, the restored day will likewise be immovable.

Restoration of Days Off. ▪ If a Reserve is assigned into a day(s) off, the day will be restored at the end of the block of days off. ▪ If it occurs at the end of the month and there is no day(s) off to restore in the month, the day(s) off will be restored on the next availability day(s) in the following month or, if a Lineholder, will be restored under the Lineholder day off restoration provision. ▪ A Reserve will not be reassigned into a day(s) off that has been restored. • Trading Days Off and Pairings o Reserves may trade days off with other Reserves and the Reserve availability pool. o Reserves must maintain availability for the shortest trip in their base or 3 days.

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Definition of Days A day shall mean calendar days, however, where a deadline occurs on a Saturday, Sunday or Holiday (as identified in Article 25), the deadline shall be extended to the next normal business day.
Counting of Days Except where otherwise specifically provided, any reference in this Note to a period of "days" means calendar days, not Business Days.
Number of Days In computing the number of days for purposes of this Agreement, all days shall be counted, including Saturdays, Sundays and holidays; provided, however, that if the final day of any time period falls on a Saturday, Sunday or holiday on which federal banks are or may elect to be closed, then the final day shall be deemed to be the next day which is not a Saturday, Sunday or such holiday.
Weekends Off In scheduling shifts the Hospital will endeavour to arrange schedules so as to provide for a minimum of eight (8) weekends off in every twenty-four (24) week period, and, in any event, at least one weekend off in each three (3) week period. Where a weekend off is not granted within a three (3) week period, time worked on such third weekend but not subsequent weekends shall be paid at the rate of time and one-half (1-1/2) unless the Hospital, notwithstanding its best efforts, was unable to meet this standard. This standard shall not apply where: (i) such weekend work was performed by the employee to satisfy specific days off requested by such employee; or (ii) such employee has requested weekend work, or was advised at the time of hire or when the job was posted that the regular schedule normally required continuous weekend work; or (iii) such weekend is worked as a result of an exchange of shifts with another employee; or (iv) the Hospital is unable to comply due to a prohibition against scheduling split days off. It is understood and agreed that there shall be no pyramiding of overtime premiums under the provisions of the Collective Agreement arising out of the foregoing undertakings. The foregoing shall have no application where other scheduling arrangements are provided acceptable to the Hospital and the employees affected and approved by the Union. If an employee who is called on their scheduled weekend off refuses a shift, the refused shift will not be counted as a refused shift, as they are entitled to the weekend off according to the collective agreement.
Length of Day The total workday shall consist of not more than 7 hours and 45 minutes and shall include a scheduled duty-free lunch period as provided to employees or SUCCESS employees under Subsection 3 of this Article.
Calculation of Damages Notwithstanding anything to the contrary herein: (a) No Buyer Indemnitee shall be entitled to indemnification to the extent a Liability or reserve relating to the matter giving rise to such Damages has been included in the calculation of Closing Date Indebtedness. (b) Notwithstanding anything to the contrary contained in this Agreement: (i) an Indemnifying Party shall not be liable for any claim for indemnification pursuant to Section 10.02(a)(i) or Section 10.02(b)(i), as the case may be, (A) unless the amount of Damages actually incurred by the Indemnified Parties in respect of such claim exceeds $5,000 and (B) unless and until the aggregate amount of indemnifiable Damages which may be recovered from the Indemnifying Party equals or exceeds $240,000, in which case the Indemnifying Party shall be liable for the full amount of such Damages from the first dollar thereof; (ii) the maximum aggregate amount of indemnifiable Damages which may be recovered from an Indemnifying Party arising out of or relating to the causes set forth in Section 10.02(a)(i) or Section 10.02(b)(i), as the case may be, shall be an amount equal to $3,200,000; and provided, that the foregoing clauses (i) and (ii) shall not apply to Damages arising out of or relating to the inaccuracy or breach of any Fundamental Representation. (c) Each Indemnified Party shall have a duty to use commercially reasonable efforts to mitigate any Damages arising out of or relating to this Agreement or the transactions contemplated hereby, provided, that engaging in mitigating efforts is not a precondition to the making of a claim and such duty with respect to Taxes shall only apply to the extent expressly set forth in the last sentence of this Section 10.04(c). The Indemnifying Party shall have the right, but not the obligation, and shall be afforded the opportunity by the Indemnified Party to the extent reasonably possible, to take all available steps to minimize Damages for which the Indemnified Party is entitled to indemnification before such Damages actually are incurred by the Indemnified Party. Buyer shall take such actions as are reasonably requested by Seller to mitigate any Damages arising out of or relating to this Agreement or the transactions contemplated hereby with respect to Taxes, provided that Seller shall bear and shall, upon the request of Buyer, fund in advance any out-of-pocket costs and expenses actually incurred by Buyer in complying with any such request (and Buyer may condition such actions on the prior payment of such amounts by Seller). (d) The amount of any Damage for which an Indemnified Party claims indemnification under this Agreement shall be reduced by any available insurance proceeds with respect to such Damage. (e) In the event an Indemnified Party shall recover Damages in respect of a claim of indemnification under this Article X, no other Indemnified Party shall be entitled to recover the same Damages in respect of a claim for indemnification. (f) For purposes of Section 10.02(a)(i) or Section 10.02(b)(i), (i) the determination of whether there has been an inaccuracy in or breach of a representation or warranty in this Agreement and (ii) the calculation of any Damage arising out of any inaccuracy in or breach of any representation or warranty shall each be determined without regard to any materiality, Material Adverse Effect or other similar qualification contained in or otherwise applicable to such representation or warranty; provided that, such materiality read out shall not apply to the representations and warranties contained in Section 4.06 (Financial Statements), Section 4.07(b) (No Material Adverse Effect), the first sentence of Section 4.15 (Permits), Section 4.17(a) (Employee Benefit Plans), and the defined term “Material Contract”. (g) If, prior to the Initial Closing, any Party (such Party, the “Waiving Party”) has knowledge of any breach by the other Party of any covenant or agreement contained in this Agreement and the Waiving Party proceeds with the Initial Closing, the Waiving Party shall be deemed to have waived such breach and the Waiving Party and the other Buyer Indemnitees or Seller Indemnitees, as applicable, shall not be entitled to indemnification pursuant to this Article X to xxx for damages or to assert any other right or remedy arising from any matters relating to such condition or breach, notwithstanding anything to the contrary contained herein or in any certificate delivered pursuant hereto and the Indemnified Parties hereby waive to the fullest extent permitted under applicable Law the remedy of rescission.
Rest Period After Overtime (a) When overtime work is necessary, it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days or shifts, including overtime. (b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day, that they have not had at least 10 consecutive hours off duty between those times, will be released after completion of such overtime, until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such a absence. (c) If, on the instruction of the employer, an employee resumes or continues to work without having had 10 consecutive hours off duty, they will be paid at the rate of double time until released from duty for such period. The employee will then be entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for rostered ordinary hours occurring during the absence.
Callback from Vacation ‌ (a) Employees who have commenced their annual vacation shall not be called back to work, except in cases of extreme emergency. (b) When, during any vacation period, an employee is recalled to duty, he/she shall be reimbursed for all reasonable expenses incurred by himself/herself, in proceeding to his/her place of duty and in returning to the place from which he/she was recalled upon resumption of vacation, upon submission of receipts to the Employer. (c) Time necessary for travel in returning to his/her place of duty and returning again to the place from which he/she was recalled shall not be counted against his/her remaining vacation time.
Mitigation of Damages The Executive will not be required to mitigate damages or the amount of any payment provided for under this Agreement by seeking other employment or otherwise. Except as otherwise specifically provided in this Agreement, the amount of any payment provided for under this Agreement will not be reduced by any compensation earned by the Executive as the result of self-employment or employment by another employer or otherwise.
Description of Accounting Services on a Continuous Basis The Administrator will perform the following accounting services with respect to the Portfolio: (i) Journalize investment, capital share and income and expense activities; (ii) Verify investment buy/sell trade tickets when received from the investment adviser for the Portfolio (the “Adviser”) and transmit trades to the Fund’s custodian (the “Custodian”) for proper settlement; (iii) Maintain individual ledgers for investment securities; (iv) Maintain historical tax lots for each security; (v) Reconcile cash and investment balances of the Fund with the Custodian, and provide the Adviser with the beginning cash balance available for investment purposes; (vi) Update the cash availability throughout the day as required by the Adviser; (vii) Post to and prepare the Statement of Assets and Liabilities and the Statement of Operations; (viii) Calculate various contractual expenses (e.g., advisory and custody fees); (ix) Monitor the expense accruals and notify an officer of the Fund of any proposed adjustments; (x) Control all disbursements and authorize such disbursements upon Written Instructions; (xi) Calculate capital gains and losses; (xii) Determine net income; (xiii) Obtain security market quotes from independent pricing services approved by the Adviser, or if such quotes are unavailable, then obtain such prices from the Adviser, and in either case calculate the market value of the Portfolio’s Investments; (xiv) Transmit or mail a copy of the daily portfolio valuation to the Adviser; (xv) Compute net asset value; (xvi) As appropriate, compute yields, total return, expense ratios, portfolio turnover rate, and, if required, portfolio average dollar-weighted maturity; and (xvii) Prepare upon request a monthly financial statement which includes the following items: Schedule of Investments Statement of Assets and Liabilities Statement of Operations Cash Statement Schedule of Capital Gains and Losses.

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