RESTORATION RIGHTS Sample Clauses

RESTORATION RIGHTS. An employee who has complied with Section 1(a)(3) of this Article but whose mandatory reemployment rights have expired at the end of the two (2) year period following the effective date of layoff shall be eligible for restoration rights as defined in the “Definitions” section of this Agreement. Restoration rights shall expire after one (1) year. Employees whose mandatory reemployment rights terminate under Section 4 shall not be eligible for restoration rights.
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RESTORATION RIGHTS. An employee who has complied with Section 1,a,3 of this Article but whose mandatory reemployment rights have expired at the end of the two (2) year period following the effective date of layoff shall be eligible for restoration rights. Employees whose mandatory reemployment rights terminate under Section 4 shall not be eligible for restoration rights. Restoration shall mean the hiring within two years of a former permanent status or limited status employee who was laid off and whose performance at the time of separation was at least satisfactory. Restoration rights apply only to the same position previously held by the employee or a lower grade position for which the employee meets the minimum education and experience requirements.
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RESTORATION RIGHTS. Restoration rights for employees whose limited contracts were suspended shall commence upon the effective date of the suspension and shall continue through the next two (2) full school years. For employees with continuing contracts, restoration rights shall continue until the employee is returned to a teaching position. During the restoration period, an employee shall be eligible to have his/her insurance coverage continued (when and to the extent allowed by the insurance plan), provided the employee pays the premium. An employee may be removed from the recall list if he/she:
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RESTORATION RIGHTS a. Any defined contribution plan proposed to be provided by United to its employees following termination of the Pension Plans shall be subject to PBGC's consent, such consent not to be unreasonably withheld. To the extent the Parties dispute the reasonableness of PBGC's withholding of its consent, United (and not any other party) shall have the right to request the judicial determination of the reasonableness of such withheld consent in the Chicago federal court as requested by the PBGC (United not to challenge such selection). Such court shall have exclusive jurisdiction to make such a determination. The Parties further agree that such determination shall be final, and both Parties waive their right to appeal or seek reconsideration, modification, or vacatur of such determination by such court.
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RESTORATION RIGHTS. An em ployee who has complied w ith S ection 1(a)(3) of t his Article but w hose m andatory reemployment rights have expired at the end of the two ( 2) year period following the effective date of layoff shall be el igible f or r estoration r ights as defined in t he “ Definitions” se ction of t his Agreement. Restoration r ights shall ex pire af ter one ( 1) y ear. E mployees whose mandatory reemployment r ights terminate under Section 4 shall not be eligible for restoration rights.
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RESTORATION RIGHTS. In the event that a bargaining unit member accepts an interim appointment within the Salem Public Schools to a position outside the bargaining unit (e.g. Interim Principal), they will retain the right to be restored to their bargaining unit position, provided they return on or before the one-year anniversary of their interim appointment. A person who is serving as Acting Principal, Acting Director (in any Director position that is not currently in the SAA), or Acting Executive Director will do so until the School Committee has been able to fill the position with another qualified individual, and the person serving as such Acting Principal, Acting Director, or Acting Executive Director will retain indefinitely his/her right to be restored to their bargaining position when the School Committee fills the position in question with a permanent appointment or at the time of the person’s retirement from the District. APPENDIX A: SALARY SCHEDULE APPENDIX B: RULES AND APPLICATION FOR SICK BANK Rules and Regulations of Salem Administrators Sick Leave Bank The Sick Leave Bank for the members of the bargaining unit of employees represented by the Salem Administrators Association shall be governed by the following rules and regulations:
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Related to RESTORATION RIGHTS

  • Contribution Rights In order to provide for just and equitable contribution under the Act in any case in which: (i) any person entitled to indemnification under this Section 5 makes a claim for indemnification pursuant hereto but it is judicially determined (by the entry of a final judgment or decree by a court of competent jurisdiction and the expiration of time to appeal or the denial of the last right of appeal) that such indemnification may not be enforced in such case notwithstanding the fact that this Section 5 provides for indemnification in such case; or (ii) contribution under the Act, the Exchange Act or otherwise may be required on the part of any such person in circumstances for which indemnification is provided under this Section 5, then, and in each such case, the Company and the Underwriters shall contribute to the aggregate losses, liabilities, claims, damages and expenses of the nature contemplated by said indemnity agreement incurred by the Company and the Underwriters, as incurred, in such proportions that the Underwriters are responsible for that portion represented by the percentage that the underwriting discount appearing on the cover page of the Prospectus bears to the initial offering price appearing thereon and the Company is responsible for the balance; provided, that, no person guilty of a fraudulent misrepresentation (within the meaning of Section 11(f) of the Act) shall be entitled to contribution from any person who was not guilty of such fraudulent misrepresentation. Notwithstanding the provisions of this Section 5.3.1, no Underwriter shall be required to contribute any amount in excess of the amount by which the total price at which the Public Securities underwritten by it and distributed to the public were offered to the public exceeds the amount of any damages that such Underwriter has otherwise been required to pay in respect of such losses, liabilities, claims, damages and expenses. For purposes of this Section, each director, officer and employee of an Underwriter or the Company, as applicable, and each person, if any, who controls an Underwriter or the Company, as applicable, within the meaning of Section 15 of the Act shall have the same rights to contribution as the Underwriters or the Company, as applicable.

  • Option Rights Except as provided below, the Option shall be valid for a term commencing on the Grant Date and ending 10 years after the Grant Date (the "EXPIRATION DATE").

  • Termination Rights This Agreement may be terminated at any time prior to the Closing:

  • Retention Rights This Agreement and the grant evidenced by this Agreement do not give you the right to be retained by the Company or any Affiliate in any capacity. Unless otherwise specified in an employment or other written agreement between the Company or any Affiliate and you, the Company or any Affiliate reserves the right to terminate your Service at any time and for any reason. Stockholder Rights You, or your estate or heirs, have no rights as a stockholder of the Company until the shares of Stock have been issued upon exercise of your Option and either a certificate evidencing your shares of Stock have been issued or an appropriate entry has been made on the Company’s books. No adjustments are made for dividends, distributions or other rights if the applicable record date occurs before your certificate is issued (or an appropriate book entry is made), except as described in the Plan. Your Option will be subject to the terms of any applicable agreement of merger, liquidation or reorganization in the event the Company is subject to such corporate activity. Clawback This Option is subject to mandatory repayment by you to the Company to the extent you are or in the future become subject to any Company “clawback” or recoupment policy that requires the repayment by you to the Company of compensation paid by the Company to you in the event that you fail to comply with, or violate, the terms or requirements of such policy. If the Company is required to prepare an accounting restatement due to the material noncompliance of the Company, as a result of misconduct, with any financial reporting requirement under the securities laws and you knowingly engaged in the misconduct, were grossly negligent in engaging in the misconduct, knowingly failed to prevent the misconduct or were grossly negligent in failing to prevent the misconduct, you will reimburse the Company the amount of any payment in settlement of this Option earned or accrued during the 12-month period following the first public issuance or filing with the Securities and Exchange Commission (whichever first occurred) of the financial document that contained such material noncompliance. Applicable Law This Agreement will be interpreted and enforced under the laws of the State of Delaware, other than any conflicts or choice of law rule or principle that might otherwise refer construction or interpretation of this Agreement to the substantive law of another jurisdiction. The Plan The text of the Plan is incorporated into the Agreement by reference. Certain capitalized terms used in the Agreement are defined in the Plan, and have the meaning set forth in the Plan. This Agreement and the Plan constitute the entire understanding between you and the Company regarding this Option. Any prior agreements, commitments or negotiations concerning this grant are superseded; except that any written employment, consulting, confidentiality, non-solicitation and/or severance agreement between you and the Company or any Affiliate will supersede this Agreement with respect to its subject matter. Data Privacy To administer the Plan, the Company may process personal data about you. Such data includes, but is not limited to, information provided in this Agreement and any changes thereto, other appropriate personal and financial data about you such as your contact information, payroll information and any other information that might be deemed appropriate by the Company to facilitate the administration of the Plan. By accepting this grant, you give explicit consent to the Company to process any such personal data. Tax Consequences The Option is intended to be exempt from, or to comply with, Code Section 409A to the extent subject thereto, and, accordingly, to the maximum extent permitted, this Agreement will be interpreted and administered to be in compliance with Code Section 409A. Notwithstanding anything to the contrary in the Plan or this Agreement, neither the Company, its Affiliates, the Board nor the Committee will have any obligation to take any action to prevent the assessment of any excise tax or penalty on you under Code Section 409A and neither the Company, its Affiliates, the Board nor the Committee will have any liability to you for such tax or penalty. By signing the Agreement, you agree to all of the terms and conditions described above and in the Plan.

  • Termination Right The Representative shall have the right to terminate this Agreement at any time prior to any Closing Date, (i) if any domestic or international event or act or occurrence has materially disrupted, or in its opinion will in the immediate future materially disrupt, general securities markets in the United States; or (ii) if trading on any Trading Market shall have been suspended or materially limited, or minimum or maximum prices for trading shall have been fixed, or maximum ranges for prices for securities shall have been required by FINRA or by order of the Commission or any other government authority having jurisdiction, or (iii) if the United States shall have become involved in a new war or an increase in major hostilities, or (iv) if a banking moratorium has been declared by a New York State or federal authority, or (v) if a moratorium on foreign exchange trading has been declared which materially adversely impacts the United States securities markets, or (vi) if the Company shall have sustained a material loss by fire, flood, accident, hurricane, earthquake, theft, sabotage or other calamity or malicious act which, whether or not such loss shall have been insured, will, in the Representative’s opinion, make it inadvisable to proceed with the delivery of the Securities, or (vii) if the Company is in material breach of any of its representations, warranties or covenants hereunder, or (viii) if the Representative shall have become aware after the date hereof of such a material adverse change in the conditions or prospects of the Company, or such adverse material change in general market conditions as in the Representative’s judgment would make it impracticable to proceed with the offering, sale and/or delivery of the Securities or to enforce contracts made by the Underwriters for the sale of the Securities.

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