Rights of Recall Sample Clauses

Rights of Recall a. Where, after receiving a layoff notice, a teacher who elects not to take severance pay, and wishes to remain available for subsequent staff vacancies, the rule of seniority will apply in constructing the Recall List and the rule of seniority and qualifications in filling vacancies. Teachers who held continuing appointments and are on the Recall List are entitled to a continuing appointment should one become available. b. When layoff notices are issued, teachers identified in Article C.5.5.a above will be placed, in order of seniority, on a Recall List. c. Teachers in Article C.5.5.b on the Recall List will be eligible for reassignment or recall during a period of up to three (3) calendar years from the date of notice. (Refer to Article C.5.3.a.). d. Teachers on the Recall List will keep the Board and the Association informed of their current address and/or phone number(s). e. When a position on a teaching staff of the district becomes available, the Board shall: i. Post the position locally and transmit the description of the position to qualified teachers on the Recall List, and ii. The teacher on the Recall List, with the greatest seniority possessing the necessary qualifications, who applies for the position with ten (10) calendar days of the issue of notice shall be recalled. f. The Board shall allow two (2) weeks from the acceptance of a recall order under Article C.5.5.e.ii for the teacher to commence teaching duties. g. A teacher recalled pursuant to this article shall be entitled to all sick leave credit accumulated at the date of termination. h. Acceptance of a temporary position with the Board would not jeopardize the teacher’s right to remain on the Recall List. i. A teacher who retains rights of recall pursuant to Article C.5.5 shall be entitled, if otherwise eligible, to maintain participation in health benefits provided in the salary agreement by payment of the full cost of such benefits (Medical, Extended Health and Dental) to the Board.
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Rights of Recall a. In the recall of any bargaining unit member whose contract was suspended in a reduction in force, any city, exempted village or joint vocational school board shall proceed to recall contracts in accordance with the recommendation of the superintendent of schools who shall, within each teaching field affected, give preference to teachers on continuing contracts. The Board shall not give preference to any teacher based on seniority, except when making a decision between teachers who have comparable evaluations. b. Teachers’ contracts suspended pursuant to this article shall be subject to recall for a period of three (3) years following the effective date of suspension until the Board of Education offers a position. c. No new teacher will be employed as long as there is a teacher on the recall list who is certified/licensed for the vacancy. d. In the event of comparable evaluations then the following procedures shall apply: Recall shall be in order of seniority of tenured teacher first by certification(s)/license(s) followed in order of seniority on non-tenured teachers by certification(s)/license(s). In order to be recalled under this provision the teacher must meet the minimum certificate(s)/license(s) as required by the Ohio Department of Education. If a teacher on the recall list acquires additional areas of certification/licensure while on the recall list, such teacher shall be eligible for recall to a position in this new area of certification/licensure, provided that he/she notifies the Superintendent of the new certificate/license in writing. Upon request the teacher may be required to provide a copy for his/her personnel record file. e. When recall of a teacher is in order pursuant to this article, the superintendent shall send a certified letter to all teachers on the recall list who are certified/licensed for the position available. Said letter shall be sent to the last address provided to the superintendent in writing by the teacher for such purpose. In the event a vacancy for which a recall is in order pursuant to this article occurs between August 1 and August 31, then the superintendent shall also send a certified letter to the BEA president at the last address provided to the superintendent in writing for such purpose. f. The teacher subject to recall must respond in writing delivered to the office of the superintendent within fifteen (15) days of mailing of said letter or be removed from the recall list. Provided, however, that in the even...
Rights of Recall a. Where, after receiving a layoff notice, a teacher who elects not to take severance pay, and wishes to remain available for subsequent staff vacancies, the rule of seniority will apply in constructing the Recall List and the rule of seniority and qualifications in filling vacancies. Teachers who held continuing appointments and are on the Recall List are entitled to a continuing appointment should one become available. b. When layoff notices are issued, teachers identified in Article C.5.5.a above will be placed, in order of seniority, on a Recall List. c. Teachers in Article C.5.5.b on the Recall List will be eligible for reassignment or recall during a period of up to three (3) calendar years from the date of notice. (Refer to Article C.5.3.a.). d. Teachers on the Recall List will keep the Board and the Association informed of their current address and/or phone number(s). e. When a position on a teaching staff of the district becomes available, the Board shall: i. Post the position locally and transmit the description of the position to qualified teachers on the Recall List, and ii. The teacher on the Recall List, with the greatest seniority possessing the necessary qualifications, who applies for the position with ten (10) calendar days of the issue of notice shall be recalled. f. The Board shall allow two (2) weeks from the acceptance of a recall order under Article C.5.5.e.ii for the teacher to commence teaching duties.
Rights of Recall. Recall rights shall cease one (1) year after the employee is laid off or if an employee fails to respond to a recall and thereupon such employee shall be deemed separated from employment and shall have no further recall rights.
Rights of Recall a. Any certificated employee whose contract has been terminated shall be considered to have been dismissed with honor and shall, upon request, be provided a letter to that effect. b. Such employee shall have preferred rights to re-employment for a period of 24 months commencing at the end of the contract year, and the employee shall be recalled on the basis of length of service to the district to any position that he or she is qualified to teach by endorsement or college preparation. c. Upon re-employment, a recalled employee shall be placed on the salary schedule and provided fringe benefits based on existing district policies and the current negotiated agreement. Any year or years of absence from employment shall not be considered as a year or years of employment by the district. d. An employee under contract to another education institution may waive recall, but such waiver shall not deprive the employee of his or her right to subsequent recall.
Rights of Recall a. A CE teacher's full right of recall will be to a vacant position of equal annual hours on the same seniority list occupied by the CE teacher prior to layoff. b. The District will retain the right to reassign existing CE teachers within the Community Education Program prior to recall so long as no CE teacher with rights of recall to the position is more senior than the CE teacher being reassigned. c. A CE teacher terminated based on a reduction in force will retain a right for twenty-four (24) calendar months from the effective date of layoff to return to the first vacant position which is less than or equal to the CE teacher’s previous full employment. A CE teacher returned to a position, which is less than the full recall rights of the CE teacher, will not constitute a loss of rights of recall to full employment. d. The CE teacher with rights of recall will be obligated to accept the first offer of recall, which constitutes full recall to employment. However, under an unusual hardship situation, at the request of the CE teacher, the District may grant one recall refusal. e. A recall refusal to employment in a position other than one which constitutes full rights of recall will not constitute a recall refusal. Acceptance of any position as a CE teacher in the Bloomington Community Education Program regardless of seniority list when the position is equal or greater in annual hours than the CE teacher’s previous position will constitute full recall. f. After twenty-four (24) calendar months of rights of recall from the effective date of layoff without full return to employment, all rights of recall will expire.

Related to Rights of Recall

  • Rights of Reference Upon mutual agreement, Regeneron will grant to the Government a right of reference to any Regulatory Application submitted in support of this Project Agreement, solely for the purpose of the Government conducting a clinical trial with the drug product supplied under this Project Agreement under a protocol approved by Regeneron for performance by the Government. In such a case, Regeneron agrees to provide a letter of cross-reference to the Government and file such letter with the appropriate FDA office. Nothing in this paragraph reduces the Government’s data rights as articulated in other provisions of this award.

  • Rights of Use of the results and of pre-existing rights by the NA and the Union (a) for its own purposes and in particular to make available to persons working for the NA, Union institutions, agencies and bodies and to Member States’ institutions, as well as to copy and reproduce in whole or in part and in an unlimited number of copies." For the rest of this article, the references to the "Union" must be read as reference to "the NA and/or the Union".

  • Preservation of Sellers’ Rights of Recovery Without the prior written consent of the Sellers, the Purchasers shall not amend or modify or grant a waiver under (or agree to amend or modify or grant a waiver under) any Serviced Corporate Trust Contract with respect to any Serviced Appointment in a manner that would materially reduce or materially alter the rights of the Sellers to indemnification, reimbursement or recovery for any costs and expenses incurred by the Sellers or their Affiliates or agents (other than the Purchasers in their capacity as Servicer hereunder) from the sponsor, issuer, obligor, depositor or other source of funds available under the terms of any such Serviced Corporate Trust Contract. Notwithstanding the foregoing, such amendment, modification or waiver shall not require the Sellers’ consent if the Purchasers agree in their sole discretion to indemnify the Sellers to the extent such amendment, modification or waiver reduces the Sellers’ available indemnification, reimbursement or recovery for costs and expenses under the terms of any such Serviced Corporate Trust Contract.

  • Right of Recovery KFHPWA has the right to recover excess payment whenever it has paid allowable expenses in excess of the maximum amount of payment necessary to satisfy the intent of this provision. KFHPWA may recover excess payment from any person to whom or for whom payment was made or any other issuers or plans. Questions about Coordination of Benefits? Contact the State Insurance Department.

  • Certain Rights of Rights Agent The Rights Agent undertakes to perform such duties and only such duties as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Rights Agent. In addition: (a) the Rights Agent may rely and shall be authorized and protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, power of attorney, endorsement, affidavit, letter or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties. The Rights Agent shall not be deemed to have knowledge of any event of which it was supposed to receive notice thereof hereunder but as to which no notice was provided, and the Rights Agent shall be fully protected and shall incur no liability for failing to take any action in connection therewith unless and until it has received such notice; (b) whenever the Rights Agent shall deem it necessary or desirable that any fact or matter be proved or established by Buyer before taking, suffering or omitting to take any action hereunder, the Rights Agent may, in the absence of willful misconduct, bad faith or gross negligence on its part (each as determined by a final, non-appealable judgment of a court of competent jurisdiction), request and rely upon an Officer’s Certificate from Buyer with respect to such fact or matter; and such certificate shall be full and complete authorization and protection to the Rights Agent and the Rights Agent shall incur no liability for or in respect of any action taken, suffered or omitted to be taken by it under the provisions of this Agreement in reliance upon such certificate. The Rights Agent shall be fully authorized and protected in relying upon the most recent instructions received from Buyer. In the event the Rights Agent believes any ambiguity or uncertainty exists hereunder or in any notice, instruction, direction, request or other communication, paper or document received by the Rights Agent hereunder, the Rights Agent, may, in its sole discretion, refrain from taking any action, and shall be fully protected and shall not be liable in any way to Buyer or any other person or entity for refraining from taking such action, unless the Rights Agent receives written instructions from Buyer that eliminates such ambiguity or uncertainty to the satisfaction of the Rights Agent; (c) the Rights Agent may engage and consult with counsel of its selection (who may be legal counsel for Buyer and/or an employee of the Rights Agent) and the advice of such counsel or any opinion of counsel shall be full and complete authorization and protection to the Rights Agent in respect of any action taken, suffered or omitted to be taken by it hereunder in reliance thereon in the absence of willful misconduct, bad faith or gross negligence on the part of the Rights Agent (as determined by a final, non-appealable judgment of a court of competent jurisdiction); (d) in the event of arbitration, the Rights Agent may engage and consult with tax experts, valuation firms and other experts and third parties that it, in its sole and absolute discretion, deems appropriate or necessary to enable it to discharge its duties hereunder; (e) the permissive rights of the Rights Agent to do things enumerated in this Agreement shall not be construed as a duty; (f) the Rights Agent shall not be required to give any note or surety in respect of the execution of such powers or otherwise in respect of the premises; (g) Buyer agrees to indemnify the Rights Agent for, and hold the Rights Agent harmless against, any loss, liability, damage, judgment, fine, penalty, claim, demand, suit, settlement, cost or expense (including, without limitation, the fees and expenses of legal counsel), incurred without willful misconduct, bad faith or gross negligence on the part of the Rights Agent (each as determined by a final, non-appealable judgment of a court of competent jurisdiction), for any action taken, suffered or omitted to be taken by the Rights Agent in connection with the acceptance and administration of this Agreement, or the exercise or performance of its duties hereunder, including without limitation, the costs and expenses of defending against any claim of liability hereunder, directly or indirectly. The costs and expenses incurred in enforcing this right of indemnification shall be paid by Buyer. The provisions of this Article 3 shall survive the termination of this Agreement, the payment of any distributions made pursuant to this Agreement, and the resignation, replacement or removal of the Rights Agent hereunder, including, without limitation, the costs and expenses of defending a claim of liability hereunder; (h) Except as paid pursuant to Section 2.4(a) of this Agreement, Buyer agrees to pay the Rights Agent Fees and Expenses in connection with this Agreement, as set forth on Schedule 1 hereto, and further including reimbursement of the Rights Agent for all taxes and charges, reasonable expenses and other charges of any kind and nature incurred by the Rights Agent in the execution of this Agreement (other than taxes measured by the Rights Agent’s net income) and reimbursement for all reasonable and necessary out-of-pocket expenses (including reasonable fees and expenses of the Rights Agent’s counsel and agent) paid or incurred by it in connection with the preparation, negotiation, delivery, amendment, administration and execution by the Rights Agent of this Agreement and its duties hereunder; (i) The Rights Agent shall not be liable for or by reason of any of the statements of fact or recitals contained in this Agreement or be required to verify the same, but all such statements and recitals are and shall be deemed to have been made by Buyer only; (j) The Rights Agent shall not have any liability for or be under any responsibility in respect of the validity of this Agreement or the execution and delivery hereof; nor shall it be responsible for any breach by Buyer of any covenant or failure by Buyer to satisfy conditions contained in this Agreement; (k) Buyer agrees that it will perform, execute, acknowledge and deliver or cause to be performed, executed, acknowledged and delivered all such further and other acts, instruments and assurances as may reasonably be required by the Rights Agent for the carrying out or performing by the Rights Agent of its duties under this Agreement; (l) The Rights Agent and any stockholder, affiliate, director, officer, employee or agent of the Rights Agent may buy, sell or deal in any of the Rights or other securities of Buyer or become pecuniarily interested in any transaction in which Buyer may be interested, or contract with or lend money to Buyer or otherwise act as fully and freely as though it were not Rights Agent under this Agreement. Nothing herein shall preclude the Rights Agent or any stockholder, affiliate, director, officer, employee or agent from acting in any other capacity for Buyer or for any other Person; and (m) The Rights Agent shall not be subject to, nor be required to comply with, or determine if any person or entity has complied with, the Merger Agreement or any other agreement between or among any of Buyer, Target, Stockholders’ Representative or any other parties hereto, even though reference thereto may be made in this Agreement, or to comply with any notice, instruction, direction, request or other communication, paper or document other than as expressly set forth in this Agreement.

  • Rights of Registration and Voting Rights Except as provided in the Investors’ Rights Agreement, the Company is not under any obligation to register under the Securities Act any of its currently outstanding securities or any securities issuable upon exercise or conversion of its currently outstanding securities. To the Company’s knowledge, except as contemplated in the Voting Agreement, no stockholder of the Company has entered into any agreements with respect to the voting of capital shares of the Company.

  • Notification of Recall Notification of recall from layoff shall be sent by certified mail, return receipt requested, deliverable to addressee only, to the employee's last known address. The notice shall give the employee a minimum of ten (10) calendar days within which to respond after the notice of recall has been mailed. Employees who decline recall or who, in the absence of extenuating circumstances, fail to respond within the time set for return to work, shall be presumed to have resigned and their name shall be removed from the seniority and preferred eligibility list.

  • Rights of Set-Off With respect to any amount that HHSC in good faith determines should be reimbursed to it or is otherwise payable to it by the MA Dual SNP pursuant to this Agreement, HHSC may deduct the entire amount owed against the charges otherwise payable or expenses owed to it under this Agreement until such time as the entire amount determined to be owed has been paid. HHSC will provide the MA Dual SNP with written notice of and supporting information concerning such offsets, and will be relieved of its obligation to make any payments to the MA Dual SNP until such time as all such amounts have been paid to HHSC.

  • Procurement of Recovered Materials In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

  • RIGHTS OF MANAGEMENT Any rights of management which are not specifically mentioned in this Agreement and are not contrary to its intention shall continue in full force and effect for the duration of this contract, always provided that in the exercise of the aforementioned management rights there shall be no discrimination.

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