Rule No. 1: Agway shall determine whether Agway's CPG Nutrients business selling Products ("CPG Nutrients") has positive quarterly Pre-Tax Earnings Before Sales Royalty on Products for the fiscal quarter being measured; if CPG Nutrients has positive quarterly Pre-Tax Earnings Before Sales Royalty on Products for said quarter, the Sales Royalty payment due Planet shall be calculated as set forth above; however, if CPG Nutrients did not have positive quarterly Pre-Tax Earnings Before Sales Royalty on Products for said quarter, no Sales Royalty shall be due Planet for said quarter. This Rule No. 1 is personal to Agway and shall not apply to any assignee or successor of Agway except for purposes of calculating the cumulative Pre-Tax Loss Before Sales Royalty carry forward for the benefit of the assignee at the time of assignment of this Agreement.
Rule No. 2: The quarterly Sales Royalty payment to Planet shall not exceed 50% of CPG Nutrients' positive quarterly Pre-Tax Earnings Before Sales Royalty on Products; if the quarterly Sales Royalty payment otherwise due Planet exceeds 50% of CPG Nutrients' positive quarterly Pre-Tax Earnings/(Loss) Before Sales Royalty on Products for that quarter, then, the quarterly Sales Royalty payment due Planet shall be reduced to an amount equal to 50% of CPG Nutrients' positive quarterly Pre-Tax Earnings/(Loss) Before Sales Royalty on Products for that quarter. This Rule No. 2 is personal to Agway and shall not apply to any assignee or successor of Agway except for purposes of calculating the cumulative Pre-Tax Loss Before Sales Royalty carry forward for the benefit of the assignee at the time of assignment of this Agreement.
Rule No. 3: Until and unless CPG Nutrients or any of its successors has recouped CPG Nutrients' cumulative Pre-Tax Loss Before Sales Royalty (as determined below), the quarterly Sales Royalty payable to Planet, as calculated under Section 6a (ii) (2) and modified as specified under Rule No. 1 and Rule No. 2 above in this Section 6a(ii) (3), will be reduced by one-half. The cumulative Pre-Tax Loss Before Sales Royalty from January 1, 1999, through December 31, 2002, was $6,430,537.00 calculated as set forth on Exhibit E attached to this Agreement. Additional Pre-Tax Losses Before Sales Royalty incurred by Agway (but not any assignee or successor to Agway) after December 31, 2002, determined utilizing the same methodology and basis as set forth on Exhibit "E," shall increase the cumulative Pre-Tax Loss Before Sales Royalty. Pre-
Rule No. 4: Any quarterly Sales Royalty payment to Planet, as calculated under Section 6a(ii)(2) and modified as specified under Rule No. 1, Rule No. 2 and Rule No. 3 xxxxx xx xxxx Section 6a(ii)(3), shall be further reduced by any amount or amounts required to be paid to third parties by Agway for that quarter for any licenses of additional technology incorporated in the Products pursuant to a settlement as provided in Section 10e of this Agreement.
Rule No. 1 - With respect to all potentially hazardous or toxic materials, the Material Safety Data Sheets and all OSHA requirements shall be made available and all manufacturers' precautions and OSHA mandates shall be strictly adhered to.
Rule No. 2 - Regulation & Elimination of Materials Injurious to Health. It shall be unfair and discriminatory to discharge a Journeyperson or Apprentice for refusing to handle materials which are determined by competent authority to be injurious to health. If the Joint Trade Board shall, after hearing, determine that such a violation has occurred, reinstatement shall be ordered, where possible, with a view towards adequately compensating the Journeyperson or Apprentice for any damages sustained, and ensuring that the problem will not reoccur.
Rule No. 3 - Injuries. Any injury, no matter how slight, must be reported immediately to the Employer's representative and the Union's representative, and shall be immediately taken care of by the employee's physician, if required. On all jobs where there are five (5) journeypersons and apprentices or more, a first aid kit shall be provided.
Rule No. 4 - Use of Elevators. On all buildings in which elevator service is provided for any other trade, such service shall be made available to all Bargaining Unit members.
Rule No. 5 - Blood Testing. Whenever blood testing, urine analysis or any other form of testing is a condition of employment on a job, all costs related to said testing shall be borne by the Employer.
Rule No. 7 - Safety Training for Foremen. In addition to the training required in Rule No. 1 1, all foremen must attend a minimum of eight (8) hours of safety training per calendar year.
