Change of Operations To: Members of Local Union 107 Dear Brothers and Sisters: As you know, we have a tentative agreement for the UPS Cartage Services, Inc. Supplemental Agreement. Article 2 of the re-negoti- ated CSI Supplement outlines the National Master UPS Agreement (NMA) Articles that may be applied to your Addendum. You will note that several NMA articles are not applicable. These are sub- jects that are either addressed in the CSI Supplement or are not operationally applicable to CSI. Where there are two provisions covering the same subject, one in the Local Addendum and one in the National Master UPS Agree- ment, the following provisions of the National Master UPS Agree- ment shall apply:
Control of Operations Without in any way limiting any party’s rights or obligations under this Agreement, the parties understand and agree that (a) nothing contained in this Agreement shall give Parent or the Company, directly or indirectly, the right to control or direct the other party’s operations prior to the Effective Time and (b) prior to the Effective Time, each of the Company and Parent shall exercise, consistent with the terms and conditions of this Agreement, complete control and supervision over its operations.
CONTINUITY OF OPERATIONS (1) Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.
Resumption of Operations In the event of action prohibited by Section 1 above, the Union immediately shall disavow such action and request the employees to return to work, and shall use its best efforts to achieve a prompt resumption of normal operations. The union, including its officials and agents, shall not be liable for any damages, direct or indirect, upon complying with the requirements of this Section.
Use of Areas of Operations PURCHASER shall confine equipment, storage of materials and operation to the limits indicated by contract, law, ordinances, permits or directions of the STATE's Authorized Representative. PURCHASER shall follow the STATE's Authorized Representative's instructions regarding use of the areas of operations, if any. In addition, PURCHASER shall be responsible for regular cleaning in compliance with all federal, state, and local laws rules and ordinances. Protection of Workers, Property, and Public. The PURCHASER is responsible to manage the operations to mitigate impacts to the operations, including authorized changes, which may adversely affect cost, schedule, or quality. The PURCHASER is responsible for the actions of all personnel, laborers, suppliers, and subcontractors in the performance of the operations. PURCHASER shall maintain continuous and adequate protection of all of the Work from damage, and shall protect the STATE's workers and property from injury or loss arising in connection with this contract. PURCHASER shall remedy to the STATE's satisfaction, any damage, injury, or loss, except such as may be directly due to errors in the contract or caused by authorized representatives or personnel of the STATE. PURCHASER shall adequately protect adjacent property as provided by law and the contract. PURCHASER shall take all necessary precautions for the safety of all personnel on the areas of operations, and shall comply with the contract and all applicable provisions of federal, state, and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the areas of operations. PURCHASER shall erect and properly maintain at all times, as required by the conditions and progress of the operations, all necessary safeguards for protection of workers and the public against any hazards created by the operations. PURCHASER shall designate a responsible employee or associate on the areas of operations, whose duty shall be the prevention of accidents. The name and position of the person designated shall be reported to the STATE's Authorized Representative. The STATE's Authorized Representative has no responsibility for safety on areas of operations. Safety on areas of operations is the responsibility of the PURCHASER. In an emergency affecting the safety of life or of the operation or of adjoining property, the PURCHASER, without special instruction or authorization from the STATE's Authorized Representative, shall act reasonably to prevent threatened loss or injury, and shall so act, without appeal, if instructed by the STATE's Authorized Representative. Any compensation claimed by the PURCHASER on account of emergency work shall be equitably determined.
Results The five values obtained shall be arranged in order and the median value taken as a result of the measurement. This value shall be expressed in Newtons per centimetre of width of the tape. Annex 7 Minimum requirements for sampling by an inspector
Expected Results VA’s agreement with DoD to provide educational assistance is a statutory requirement of Chapter 1606, Title 10, U.S.C., Chapter 1607, Title 10, U.S.C., Chapter 30, Title 38, U.S.C. and Chapter 33, Title 38, U.S.C (Post-9/11 GI Xxxx). These laws require VA to make payments to eligible veterans, service members, guard, reservist, and family members under the transfer of entitlement provisions. The responsibility of determining basic eligibility for Chapter 1606 is placed on the DoD. The responsibility of determining basic eligibility for Chapter 30 and Chapter 33 is placed on VA, while the responsibility of providing initial eligibility data for Chapter 30 and Chapter 33 is placed on DoD. Thus, the two agencies must exchange data to ensure that VA makes payments only to those who are eligible for a program. Without an exchange of enrollment and eligibility data, VA would not be able to establish or verify applicant and recipient eligibility for the programs. Subject to the due process requirements, set forth in Article VII.B.1., 38 U.S.C. §3684A, VA may suspend, terminate, or make a final denial of any financial assistance on the basis of data produced by a computer matching program with DoD. To minimize administrative costs of implementation of the law and to maximize the service to the veteran or service member, a system of data exchanges and subsequent computer matching programs was developed. The purposes of the computer matching programs are to minimize the costs of administering the Xxxxxxxxxx GI Xxxx — Active Duty, the Xxxxxxxxxx GI Xxxx — Selected Reserve, Reserve Educational Assistance Program, and the Post-9/11 GI Xxxx program; facilitate accurate payment to eligible veterans or service members training under the Chapter of the Xxxxxxxxxx GI Xxxx — Active Duty, the Xxxxxxxxxx GI Xxxx — Selected Reserve, Reserve Educational Assistance Program, and the Post-9/11 GI Xxxx program; and to avoid payment to those who lose eligibility. The current automated systems, both at VA and DoD, have been developed over the last twenty-two years. The systems were specifically designed to utilize computer matching in transferring enrollment and eligibility data to facilitate accurate payments and avoid incorrect payments. The source agency, DMDC, stores eligibility data on its computer based system of record. The cost of providing this data to VA electronically are minimal when compared to the cost DMDC would incur if the data were forwarded to VA in a hard-copy manner. By comparing records electronically, VA avoids the personnel costs of inputting data manually as well as the storage costs of the DMDC documents. This results in a VA estimated annual savings of $26,724,091 to VA in mailing and data entry costs. DoD reported an estimated annual savings of $12,350,000. A cost-benefit analysis is at Attachment 1. In the 32 years since the inception of the Chapter 30 program, the cost savings of using computer matching to administer the benefit payments for these educational assistance programs have remained significant. The implementation of Chapter 33 has impacted the Chapter 30 program over the past 8 years (fiscal year 2010 through fiscal year 2017). Statistics show a decrease of 23 percent in the number of persons who ultimately use Chapter 30 from fiscal year 2015 to 2016. The number of persons who use Chapter 33 has consistently been above 700,000 in the past four years. VA foresees continued cost savings due to the number of persons eligible for the education programs.
CONTINUITY OF OPERATION Section 1: No Strikes, Work Stoppages or Lockouts Neither of the parties shall utilize any economic sanction to force its position on the other party over any issue. Further, no Employee or group of Employees shall individually or through concerted action, take part in any activity that impedes the operation of the business, except as otherwise authorized by this Agreement. Should any person or group of people participate in any such unauthorized activity, upon notification of such occurrence, the Union or the Company, as the case may be, will direct such person or group of people to resume normal operations and will take effective means to cease the unauthorized conduct. Any employee or group of employees who participate in such unauthorized activity shall be subject to immediate dismissal, unless mitigating circumstances exist that are acceptable to the ERRC. Should either party suffer financial damage as a result of such unauthorized activity, they may pursue compensation for such loss at the arbitration step of the Concern Resolution Process, and the arbitrator shall have full authority to remedy any violation of this Article.
Cessation of Operations Any cessation of operations by Borrower or Borrower admits it is otherwise generally unable to pay its debts as such debts become due, provided, however, that any disclosure of the Borrower’s ability to continue as a “going concern” shall not be an admission that the Borrower cannot pay its debts as they become due.
BID TABULATION AND RESULTS Bid tabulations shall be available thirty (30) days after opening on the Orange County website at: xxxx://xxxx.xxxx.xxx/orangebids/bidresults/results.asp or upon notice of intended action, whichever is sooner.
