Rescheduling of Tests If the Authority’s Engineer certifies to the Authority and the Contractor that it is unable to issue the Completion Certificate, as the case may be, because of events or circumstances on account of which the Tests could not be held or had to be suspended, the Contractor shall be entitled to re-schedule the Tests and hold the same as soon as reasonably practicable.
Felling of trees The Authority shall assist the Contractor in obtaining the Applicable Permits for felling of trees in non-forest area to be identified by the Authority for this purpose if, and only if, such trees cause a Material Adverse Effect on the construction or maintenance of the Project Highway. The Contractor shall fell these trees as per the Permits obtained. The cost of such felling shall be borne by the Authority and in the event of any delay in felling thereof for reasons beyond the control of the Contractor; it shall be excused for failure to perform any of its obligations hereunder if such failure is a direct consequence of delay in the felling of trees. The Parties hereto agree that the felled trees shall be deemed to be owned by the Authority and shall be disposed in such manner and subject to such conditions as the Authority may in its sole discretion deem appropriate. For the avoidance of doubt, the Parties agree that if any felling of trees hereunder is in a forest area, the Applicable Permit thereof shall be procured by the Authority within the time specified in the Agreement.
Preconstruction Meeting Furnish the names of the Certified Erosion and Sediment Control/Stormwater Supervisor, Certified Foremen, Certified Installers and Certified Designer and notify the Engineer of changes in certified personnel over the life of the contract within 2 days of change. Any company performing work for the North Carolina Department of Transportation has the ethical responsibility to fully disclose any reprimand or dismissal of an employee resulting from improper testing or falsification of records.
Recognition of the U.S. Special Resolution Regimes (i) In the event that any Underwriter that is a Covered Entity becomes subject to a proceeding under a U.S. Special Resolution Regime, the transfer from such Underwriter of this Agreement, and any interest and obligation in or under this Agreement, will be effective to the same extent as the transfer would be effective under the U.S. Special Resolution Regime if this Agreement, and any such interest and obligation, were governed by the laws of the United States or a state of the United States.
(ii) In the event that any Underwriter that is a Covered Entity or a BHC Act Affiliate of such Underwriter becomes subject to a proceeding under a U.S. Special Resolution Regime, Default Rights under this Agreement that may be exercised against such Underwriter are permitted to be exercised to no greater extent than such Default Rights could be exercised under the U.S. Special Resolution Regime if this Agreement were governed by the laws of the United States or a state of the United States. As used in this Section 16(e):
Filling of Positions A. PERMANENT POSITIONS
1. A permanent position is a position expected to last for more than three (3) months, except a permanent position shall not be created for pregnancy leave, medical leave, or other approved leave. A permanent position may be either full-time or part-time. When the Company determines that there should be a new permanent position or that a vacated permanent position should be filled it will announce such position for bid. The announcement shall state the domicile, number of positions available, their effective date and be posted via CrewTrac message to all Flight Attendants and in each domicile crew lounge for a period of no fewer than seven (7) calendar days.
2. Flight Attendants shall be allowed to submit a permanent bid and shall have the right to change their permanent bid any time prior to the vacancy bid closing. The Company shall establish guidelines under which bid forms are to be completed. An On-line permanent bid form will be made available to the Flight Attendants. The on-line form may be submitted at any time and will remain on file with the Company until it is requested to be removed or changed by the Flight Attendant.
3. When a part-time Flight Attendant position is available, full-time Flight Attendants shall be provided the opportunity to transfer to such positions in system seniority order prior to the Company hiring an external applicant. When a full-time Flight Attendant position becomes available, part-time Flight Attendants shall be permitted to transfer to such position in system seniority order prior to the hiring of an external applicant.
4. The Company will award permanent positions from the Permanent bid file, in system seniority order. If there are insufficient bidders, the Company may assign positions in reverse seniority order or assign them to newly hired Flight Attendants. Awards/assignments shall usually be posted in two (2) business days, but no later than five
Posting and Filling of Vacancies 8.1(1) When a permanent vacancy occurs within a classification covered by this agreement, which the Employer intends to fill, after the Employer applies the internal job transfer bidding procedure and the ultimate vacancy is thereby identified, such vacancy shall be advertised for ten (10) calendar days provided that nothing herein shall prevent the Employer from advertising such vacancy throughout its system or outside during the ten (10) day period. Probationary employees may, at the sole discretion of the Employer, be considered for another position outside their classification after the signing date of this agreement. The Company reserves the sole and absolute right to carry out any applicable interviewing or testing that is necessary in its opinion. All test processes will be approved by qualified Human Resources staff. An employee will only be allowed to take one test failure for each different job classification bid every four (4) months. Current employees applying for positions which involve increased driving responsibilities must meet corporate driving standards and provide with application a current driving abstract. The opinion of the Employer shall not be exercised in an arbitrary or discriminatory manner.
8.1(2) Internal Job Transfer Bidding Procedure
8.1(3) This internal job transfer bidding procedure is within a given classification as follows:
8.1(4) All employees within each classification, when requested, must submit a “standing application” to transfer to any existing alternate home base or location, shift, shift hours, days off (in order of preference), to transfer from part-time to full-time status, or to indicate that they wish no change, whichever is applicable to each individual within their current classification.
8.1(5) A copy of such standing application submitted will be furnished to the employee. Since a standing application will remain valid indefinitely until it results in action or is replaced by the employee, it is the responsibility of the employee to ensure that a standing application always reflects the employee’s current preferences.
8.1(6) (i) When a permanent classification position vacancy is to be filled, all standing applications will immediately be reviewed with the intention of awarding transfers (including any “resultant” transfers) in order of classification seniority in the following sequence, where applicable:
(a) transfer of a full-time employee from one home base or location to another or as referred to above;
(b) transfer of an employee from part-time to full- time status;
(c) transfer of part-time employees from one home base or location to another or as referred to above; and
(d) transfer of full-time employees to part-time.
Scheduling of Hours
(a) Regular Employees
(1) (i) Regular employees shall be scheduled hours within their classification based on seniority, subject to the employee's ability to meet specific client needs and geographic location.
Continuation of the Business of the Partnership After Dissolution Upon (a) dissolution of the Partnership following an Event of Withdrawal caused by the withdrawal or removal of the General Partner as provided in Section 11.1(a)(i) or (iii) and the failure of the Partners to select a successor to such Departing General Partner pursuant to Section 11.1 or Section 11.2, then, to the maximum extent permitted by law, within 90 days thereafter, or (b) dissolution of the Partnership upon an event constituting an Event of Withdrawal as defined in Section 11.1(a)(iv), (v) or (vi), then, to the maximum extent permitted by law, within 180 days thereafter, the holders of a Unit Majority may elect to continue the business of the Partnership on the same terms and conditions set forth in this Agreement by appointing as a successor General Partner a Person approved by the holders of a Unit Majority. Unless such an election is made within the applicable time period as set forth above, the Partnership shall conduct only activities necessary to wind up its affairs. If such an election is so made, then:
(i) the Partnership shall continue without dissolution unless earlier dissolved in accordance with this Article XII;
(ii) if the successor General Partner is not the former General Partner, then the interest of the former General Partner shall be treated in the manner provided in Section 11.3; and
(iii) the successor General Partner shall be admitted to the Partnership as General Partner, effective as of the Event of Withdrawal, by agreeing in writing to be bound by this Agreement; provided, however, that the right of the holders of a Unit Majority to approve a successor General Partner and to continue the business of the Partnership shall not exist and may not be exercised unless the Partnership has received an Opinion of Counsel that (x) the exercise of the right would not result in the loss of limited liability of any Limited Partner under the Delaware Act and (y) neither the Partnership nor any Group Member would be treated as an association taxable as a corporation or otherwise be taxable as an entity for federal income tax purposes upon the exercise of such right to continue (to the extent not already so treated or taxed).
Recognition of U.S. Special Resolution Regimes (a) In the event a Covered Party becomes subject to a proceeding under a U.S. Special Resolution Regime, the transfer of this Agreement (and any interest and obligation in or under, and any property securing, this Agreement) from such Covered Party will be effective to the same extent as the transfer would be effective under the U.S. Special Resolution Regime if this Agreement (and any interest and obligation in or under, and any property securing, this Agreement) were governed by the laws of the United States of America or a State of the United States of America.
(b) In the event that a Covered Party or any BHC Affiliate of such Covered Party becomes subject to a proceeding under a U.S. Special Resolution Regime, any Default Right under this Agreement that may be exercised against such Covered Party is permitted to be exercised to no greater extent than such Default Right could be exercised under the U.S. Special Resolution Regime if this Agreement were governed by the laws of the United States of America or a State of the United States of America.
