Section 3 Miscellaneous. A. In the event of the creation of a new position within the Bargaining Unit, after evaluation, such position, other than career progression positions, shall be made available for competitive selection according to Article XI, Section 1, Filling Positions, Promotion, Demotions and Transfers.
Section 3 Miscellaneous a. This Amendment and Xxxxxxx may be executed in two or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same agreement. Delivery of an executed counterpart of the signature page to this Amendment and Joinder by email, facsimile, portable document format (pdf) or any electronic signature complying with the U.S. federal ESIGN Act of 2000 (including DocuSign) shall be as effective as delivery of a manually executed counterpart of this Amendment and Xxxxxxx.
Section 3 Miscellaneous. 3.1 The Companies hereby ratify, confirm, and reaffirm all and singular the terms and conditions of the Financing Agreement and each of the other Loan Documents. The Companies further acknowledge and agree that, except as specifically modified in this First Amendment, all terms and conditions of the Loan Documents shall remain in full force and effect.
Section 3 Miscellaneous. 18 3.1 Waiver of Right of First Offer...................................... 18 3.2 Governing law....................................................... 18 3.3 Successors and Assigns.............................................. 18 3.4 Entire Agreement; Amendment; Waiver................................. 18 3.5
Section 3 Miscellaneous. Delete Section 3, paragraph 1. Section 3, paragraph 1 to read: “Innophos Retirement Plan- Bargaining unit employees will participate in the Innophos 401K plan, as defined in the SPD. This plan includes a non contributory defined contribution benefit (retirement) and a discretionary contribution option. The non contributory defined contribution benefit will be in effect for the term of the Agreement, The accrual of additional benefits or increase in the current level of benefits under the Innophos, Inc. Hourly Pension Plan will cease effective August 1, 2007”.
Section 3 Miscellaneous. Any party may terminate this Agreement and the Purchase Agreement by providing written notice to the other parties if the Closing has not occurred on or before December 21, 2006. Notwithstanding the terms or provisions of the Purchase Agreement, the Purchaser, the Seller and Holdings hereby agree that in the event of a conflict between the terms and provisions of this Agreement and the terms and provisions of the Purchase Agreement, the terms and provisions of this Agreement shall prevail. The Purchaser, the Seller and Holdings hereby acknowledge and agree that this Agreement constitutes an integral part of the Purchase Agreement. The parties have executed and delivered this Agreement as of the date indicated in the first sentence of this Agreement. CXXXX RESEARCH SDN. BHD. By: /s/ Abdullah Chek bin Sxxxxxx Name: Abdullah Chek bin Sxxxxxx Its: Chairman ADVANCED LIFE SCIENCES, INC. By: /s/ Mxxxxxx X. Xxxxxx Name: Mxxxxxx X. Xxxxxx, Ph.D. Its: Chairman and Chief Executive Officer ADVANCED LIFE SCIENCES HOLDINGS, INC By: /s/ Mxxxxxx X. Xxxxxx Name: Mxxxxxx X. Xxxxxx, Ph.D. Its: Chairman and Chief Executive Officer
Section 3 Miscellaneous. 3.1 All other rights of management not expressly limited by the clear and explicit language of this Agreement are also expressly reserved to the District even though not enumerated above, and the express provisions of this Agreement constitute the only contractual limitations upon the District's rights. The exercise of any right reserved to the District herein in a particular manner or the nonexercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising the right in a different manner.
Section 3 Miscellaneous
