Subject to 3. 2.4, if (i) all of the interconnection facilities, transmission upgrades and new transmission facilities, if any, described in Producer’s interconnection agreement and required to interconnect the Generating Facility to the CAISO Controlled Grid have not been completed and placed into operation by the CAISO or the Transmission Provider on the estimated completion date set forth in Producer’s interconnection agreement, and (ii) the estimated completion date set forth in Producer’s interconnection agreement is within eighteen (18) months from the date of CPUC Approval, then, upon SCE’s receipt of Notice from Producer, which Notice must be provided at least sixty (60) days before the date that is eighteen (18) months from the date of CPUC Approval, the Term Start Date shall be extended six (6) months from the date that is eighteen (18) months from the date of CPUC Approval; provided, however, such extension shall not be given if the failure to meet the estimated completion date set forth in Producer’s interconnection agreement was as a result of Producer’s failure to complete its obligations, take all actions and meet all of its deadlines under Producer’s interconnection agreement needed to ensure timely completion and operation of such interconnection facilities, transmission upgrades and new transmission facilities.
Subject to 3. 5.2, no teacher shall receive increments for teaching experience gained while they were not holding a valid teaching certificate.
Subject to 3. 1.7, a beneficial owner who desires to exercise his or her Warrants must do so by causing a Participant to withdraw the Warrants from the Depository (at its office in the City of Toronto). Upon receipt of instructions of the Depository, the Warrant Agent shall issue a Warrant Certificate in the name of such beneficial owner or such beneficial owner’s CDS Participant, as applicable. A beneficial owner who desires to exercise Warrants should ensure that the Participant is provided with the Exercise Form or duly completed power of attorney (if the Warrant Certificate is issued in the name of the beneficial owner) and payment in advance of the Warrant Expiry Date so as to permit the Participant to deliver notice to the Warrant Agent by the required time. Any expense associated with the preparation and delivery of Exercise Forms will be for the account of the beneficial owner exercising the Warrants.
Subject to 3. 3.1 and for so long as the Buyer or the Seller is a non-financial counterparty not referred to in Article 10 of EMIR, all relevant Transactions shall be confirmed as follows:
(i) Unless otherwise agreed, the Seller shall, in respect of each Transaction, send to the Buyer by facsimile or email a written confirmation, substantially in the form set out in Schedule 6, (a “Confirmation Letter”) recording the details of the Transaction as soon as possible and at the latest by the end of the first Business Day following the date of execution (the “Confirmation Delivery Deadline”).
(ii) Following the delivery in (i), the Buyer will, use reasonable efforts acting in good faith and a commercially reasonable manner, either confirm the Confirmation Letter or deliver to the Seller a Not Confirmed Notice as soon as possible and at the latest by noon on the second Business Day following the date of execution (the “Timely Confirmation Deadline”).
(iii) If the Buyer delivers a Not Confirmed Notice to the Seller by the Timely Confirmation Deadline, the Buyer and Seller will, use reasonable efforts acting in good faith and a commercially reasonable manner attempt to resolve the difference and confirm the relevant Transaction as soon as possible.
(iv) If the Seller sends a Confirmation Letter to the Buyer by the Confirmation Delivery Deadline and the Buyer does not confirm the Confirmation Letter or deliver to the Seller a Not Confirmed Notice by the Timely Confirmation Deadline, the Buyer will be deemed to have agreed to the terms of the Confirmation Letter and to have confirmed the Confirmation Letter at the Timely Confirmation Deadline.
(v) If the Buyer has not received a Confirmation Letter from the Seller by the Confirmation Delivery Deadline, the Buyer shall send to the Seller a Confirmation Letter as soon as possible and at the latest by the Timely Confirmation Deadline and clauses 3.3.2(ii) to 3.3.2(iv) shall apply in relation to that Confirmation Letter by replacing all references to “Buyer” with “Seller” and all references to “Seller” with “Buyer” in those clauses.”
Subject to 3. 9.5.1 the rate of pay of an adult apprentice shall be the rate prescribed for the lowest paid classification under clause 7 or the rate prescribed by 3.5.2 for the relevant year of apprenticeship whichever is the greater.
Subject to 3. 3.1 the Parties shall make any payments due to the other Party without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Party has a valid court order requiring an amount equal to such deduction to be paid to it by the other Party.
Subject to 3. 5.1 employees unable to work at a site due to inclement weather may be required to:- • remain on site; or • transfer the crane to an alternative site; or • return to the depot; until such inclement weather ceases or abates to allow safe work to continue.
Subject to 3. 9.4, a permanent employee who was employed after 1 May 2007 and who has been retrenched shall be entitled to payments of;
i) all accrued annual leave with accrued leave loading and accrued time in lieu (subject to clause 6.1.5)and;
ii) pro-rata long service leave for all employees and;
iii) a lump sum payment of 6 weeks of salary and;
iv) an additional lump sum calculated at the rate of 6 weeks salary for each year or part thereof of service for the first three years and 4 weeks salary for each year or part thereof of service for the next 13 years plus 2.5 weeks for each of the following years of service;
