Specific Understandings Sample Clauses

Specific Understandings. A. The parties acknowledge that Department of Transportation/FMCSA regulations, and District Board Policy 5260 and accompanying administrative procedures, shall govern the administration of the testing program. B. The privacy of tested employees shall be safeguarded in a manner consistent with the federal requirements of the testing program. C. Drivers who violate the prohibitions of Section II, or who test positive for alcohol or controlled substances are subject to disciplinary action up to and including termination without prior warning. An employee shall have the right to use the grievance/arbitration procedure to challenge any aspect of the testing procedures. Substitute drivers can follow the grievance procedure, but not arbitration. D. The testing program does provide for consequences for alcohol test results showing a reading between .02 and .04. These include that the employee shall not be permitted to drive until the start of the employee's next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Any time missed as a result of this occurrence shall be accompanied by a loss of pay for the employee. Further, disciplinary action or intervention or other prescriptive action may be taken for such a test result, especially for multiple occurrences of testing within this range of .02 and .04. E. The parties agree that compliance with testing requirements is a condition of employment. Any refusal to submit to a test (as defined in District Board Policy 5260 and accompanying administrative procedures) shall be deemed a positive test and handled accordingly. Adulteration of a sample will be considered a refusal to test, a deliberate obstruction to the testing, and subject to immediate suspension without pay and recommendation for termination. F. The District will consider the employee on District-paid time for time spent directed to participate in the testing program when the test is a "random" or "for cause" (reasonable suspicion, post accident, return-to-duty, and follow-up) tests. Any required documentation to substantiate the employee's time for such testing shall be completed by the employee as directed. G. The costs for "random" and "for cause" testing shall be borne by the District. All other tests (pre-employment, return-to-work, and follow-up tests, as well as any employee's requested test of split samples) shall be the individual's cost (an exception is when the split sample test comes back negati...
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Specific Understandings. 1. The parties acknowledge that Board Policy 5202 and the accompanying Administrative Procedure 5202P shall govern the administration of the testing program. The parties further acknowledge that laws and regulations supersede Board Policy and Administrative Procedures, and that the District's drug and alcohol testing program shall be conducted in accordance with and employees shall retain all rights under such laws and regulations. 2. Employees selected for random testing shall be determined by a blind, confidential selection process administered by the vendor in accordance with Board Policy 5202, Administrative Procedure 5202P and all applicable laws and regulations. 3. The privacy of tested employees shall be safeguarded in a manner that is consistent with all applicable laws and regulations. 4. Any disciplinary action or discharge that is a consequence of an employee's results on a drug or alcohol test shall be in accordance with collective bargaining agreement provisions (including but not limited to the "just cause” and due process provisions), Board policy and procedure, and all applicable laws and regulations. 5. Consequences of an employee's test results showing a blood alcohol level of between .02 and .04 include the employee not being permitted to drive until the start if the employee’s next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Further disciplinary action or intervention or other prescriptive action may be taken, especially for multiple test results falling within the range of .02 to .04.
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Specific Understandings. The parties acknowledge that Board Policy 5202 and the accompanying Administrative Procedure 5202P shall govern the administration of the testing program. The parties further acknowledge that laws and regulations supersede Board Policy and Administrative Procedures, and that the District's drug and alcohol testing program shall be conducted in accordance with and employees shall retain all rights under such laws and regulations.
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Specific Understandings. 1. The parties acknowledge that Board Policy 5202 and the accompanying Administrative Procedure 5202P shall govern the administration of the testing program. The parties further acknowledge that laws and regulations supersede Board Policy and Administrative Procedures, and that the District's drug and alcohol testing program shall be conducted in accordance with and employees shall retain all rights under such laws and regulations. 2. Employees selected for random testing shall be determined by a blind, confidential selection process administered by the vendor in accordance with Board Policy 5202, Administrative Procedure 5202P and all applicable laws and regulations. 3. The privacy of tested employees shall be safeguarded in a manner that is consistent with all applicable laws and regulations. 4. Any disciplinary action or discharge that is a consequence of an employee's results on a drug or alcohol test shall be in accordance with collective bargaining agreement provisions (including but not limited to the "just cause” and due process provisions), Board policy and procedure, and all applicable laws and regulations. 5. Consequences of an employee's test results showing a blood alcohol level of between .02 and .04 include the employee not being permitted to drive until the start if the employee’s next regularly scheduled duty period, but not less than 24 hours following the administration of the test. Further disciplinary action or intervention or other prescriptive action may be taken, especially for multiple test results falling within the range of .02 to .04. 6. An employee's use or possession of a controlled substance other than marijuana in accordance with a current prescription shall not constitute a violation of Board Policy or Administrative Procedure unless such use adversely affects the employee's ability to perform the employee’s duties in a safe and productive manner. Consequences of an employee's test result showing a blood alcohol level of greater than .04 or positive controlled-substance drug test include: • Referral to and evaluation by a substance abuse professional, who shall determine what, if any assistance is needed by the employee; • Retesting, with a blood alcohol level of less than .02 for alcohol-related test failure, or a verified negative drug test for controlled-substance related test failures, before the employee is allowed to return to work; and • A follow-up evaluation with the substance abuse professional to determine that t...
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Specific Understandings. Notwithstanding the foregoing provisions, the following understandings and agreements apply to the covenants set forth in this Article XI:
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Specific Understandings 
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Related to Specific Understandings

  • Prior Understandings This Agreement supersedes all prior understandings and agreements (whether written, oral or otherwise) pertaining to the subject matter hereof, and constitutes the entire agreement between the parties hereto relating to the subject matter hereof and the transactions provided for herein.

  • Project Understanding Upon request from the CONSULTANT, CITY may provide all criteria and full information as to CITY's and CONSULTANT'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONSULTANT may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONSULTANT'S services. Authorized representatives of the CITY may at all reasonable times review and inspect the PROJECT activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY’s request in the regard. The CITY’s review recommendations shall be incorporated into the plans by the CONSULTANT.

  • Prior Understanding This Agreement and the other Loan Documents supersede all prior understandings and agreements, whether written or oral, between the parties hereto and thereto relating to the transactions provided for herein and therein, including any prior confidentiality agreements and commitments.

  • Additional Understandings You agree, for yourself and others acting on your behalf, that you (and they) have not disparaged and will not disparage, make negative statements about, or act in any manner which is intended to or does damage to the good will of, or the business or personal reputations of the Company or any of its incumbent officers, directors, agents, consultants, employees, successors and assigns or any of the Covered Parties. The Company agrees that, except as necessary to comply with applicable law or the rules of the New York Stock Exchange or any other stock exchange on which the Company’s stock may be traded (and any public statements made in good faith by the Company in connection therewith), it and its corporate officers and directors, employees in its public relations department or third party public relations representatives retained by the Company will not disparage you or make negative statements in the press or other media which are damaging to your business or personal reputation. In the event that the Company so disparages you or makes such negative statements, then notwithstanding the “Additional Understandings” provision to the contrary, you may make a proportional response thereto. In addition, you agree that the Company is the owner of all rights, title and interest in and to all documents, tapes, videos, designs, plans, formulas, models, processes, computer programs, inventions (whether patentable or not), schematics, music, lyrics and other technical, business, financial, advertising, sales, marketing, customer or product development plans, forecasts, strategies, information and materials (in any medium whatsoever) developed or prepared by you or with your cooperation in connection with your employment by the Company (the “Materials”). For purposes of clarity, Materials shall not include any music or lyrics written (in the past or in the future) by you, and shall not include any documents, tapes or videos that relate to such music or lyrics or the performance of such music or lyrics other than music or lyrics written in connection with your employment. The Company will have the sole and exclusive authority to use the Materials in any manner that it deems appropriate, in perpetuity, without additional payment to you. If requested by the Company, you agree to deliver to the Company upon the termination of your employment, or at any earlier time the Company may request, all memoranda, notes, plans, files, records, reports, and software and other documents and data (and copies thereof regardless of the form thereof (including electronic copies)) containing, reflecting or derived from Confidential Information or the Materials of the Company or any of its affiliates which you may then possess or have under your control. If so requested, you shall provide to the Company a signed statement confirming that you have fully complied with this Paragraph. Notwithstanding the foregoing, you shall be entitled to retain your contacts, calendars and personal diaries and any materials needed for your tax return preparation or related to your compensation.

  • Complete Understanding The terms and conditions set forth in this Agreement represent the full and complete understanding between the parties. The terms and conditions may be modified only through the written mutual consent of the parties.

  • Understandings Subscriber understands, acknowledges and agrees with the Company as follows: 8.1 Subscriber hereby acknowledges and agrees that upon notice of acceptance from the Company pursuant to Section 1.3, the Subscription hereunder is irrevocable by Subscriber, that, except as required by law or as permitted under Section 6.1 above, Subscriber is not entitled to cancel, terminate or revoke this Agreement or any agreements of Subscriber hereunder and that this Subscription Agreement and such other agreements shall survive the death or disability of Subscriber and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, legal representatives and permitted assigns. If Subscriber is more than one person, the obligations of Subscriber hereunder shall be joint and several and the agreements, representations, warranties and acknowledgments herein contained shall be deemed to be made by and be binding upon each such person and his or her heirs, executors, administrators, successors, legal representatives and permitted assigns. 8.2 No federal or state agency has made any findings or determination as to the fairness of the terms of this Offering for investment nor any recommendations or endorsement of the Common Shares. 8.3 The Offering is intended to be exempt from registration under the Securities Act by virtue of Section 4(2) of the Securities Act and the provisions of Rule 506 of Regulation D thereunder, which is in part dependent upon the truth, completeness and accuracy of the statements made by Subscriber herein. 8.4 It is understood that in order not to jeopardize the Offering's exempt status under Section 4(2) of the Securities Act and Regulation D, any transferee may, at a minimum, be required to fulfill the investor suitability requirements thereunder. 8.5 No person or entity acting on behalf, or under the authority, of Subscriber is or will be entitled to any broker's, finder's or similar fee or commission in connection with this Subscription. 8.6 Subscriber acknowledges that the information furnished in this Agreement by the Company to Subscriber or its advisers in connection with the Offering, is confidential and nonpublic and agrees that all such written information which is material and not yet publicly disseminated by the Company shall be kept in confidence by Subscriber and neither used by Subscriber for Subscriber's personal benefit (other than in connection with this Subscription), nor disclosed to any third party, except Subscriber's legal and other advisers who shall be advised of the confidential nature of such information, for any reason; provided, however, that this obligation shall not apply to any such information that (i) is part of the public knowledge or literature and readily accessible at the date hereof, (ii) becomes a part of the public knowledge or literature and readily accessible by publication (except as a result of a breach of this provision) or (iii) is received from third parties (except third parties who disclose such information in violation of any confidentiality agreements or obligations, including, without limitation, any subscription agreement entered into with the Company). The representations, warranties and agreements of Subscriber and the Company contained herein and in any other writing delivered in connection with the Offering shall be true and correct in all material respects on and as of the Closing Date of such Subscription as if made on and as of the date the Company executes this Agreement and shall survive the execution and delivery of this Agreement and the purchase of the Common Shares.

  • Additional Agreements and Understandings Even though FICO will provide consideration for me to settle and release My Claims, the Company does not admit that it is responsible or legally obligated to me. In fact, the Company denies that it is responsible or legally obligated to me for My Claims, denies that it engaged in any unlawful or improper conduct toward me, and denies that it treated me unfairly.

  • Understanding of Agreement Executive represents and warrants that he has read and understood each and every provision of this Agreement, and Executive understands that he has the right to obtain advice from legal counsel of choice, if necessary and desired, in order to interpret any and all provisions of this Agreement, and that Executive has freely and voluntarily entered into this Agreement.

  • Evaluation and Understanding (i) It has the capacity to evaluate (internally or through independent professional advice) the Transaction and has made its own decision to enter into the Transaction; and (ii) It understands the terms, conditions and risks of the Transaction and is willing and able to accept those terms and conditions and to assume those risks, financially and otherwise.

  • Entire Understanding This Amendment sets forth the entire understanding of the parties with respect to the matters set forth herein, and shall supersede any prior negotiations or agreements, whether written or oral, with respect thereto.

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