Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (XXX) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor’s subcontracts, if any, if payment in whole or in part is from federal funds.
Suspension and Cancellation Section 5.01. The following is specified as an additional event for suspension of the right of the Recipient to make withdrawals from the Grant Account for the purposes of Section 8.01(k) of the Grant Regulations or cancellation of the Grant pursuant to Section 8.02 of the Grant Regulations: the Recipient shall have failed to perform any of its obligations under the ADB Grant Agreement.
SUSPENSION & DEBARMENT Contractor represents and warrants as previously certified in Contractor’s Bidder’s Certification, that neither Contractor nor its principals or affiliates presently are nor have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States.
NO SUSPENSION OF TRADING IN OR DELISTING OF COMMON STOCK The trading of the Common Stock is not suspended by the SEC or the Principal Market (if the Common Stock is traded on a Principal Market). The issuance of shares of Common Stock with respect to the applicable Closing, if any, shall not violate the shareholder approval requirements of the Principal Market (if the Common Stock is traded on a Principal Market). The Company shall not have received any notice threatening the continued listing of the Common Stock on the Principal Market (if the Common Stock is traded on a Principal Market).
DISCHARGE, SUSPENSION AND WARNING 22.01 When the attitude or performance of an employee calls for a warning by the Employer, such a warning shall be a written one, and a copy of this warning will be forwarded immediately to the regional office of Local 52.
22.02 An employee may be suspended or discharged for proper cause by the Employer. Within five (5) workdays following suspension or discharge, the employee involved, together with a Local 52 Representative, may interview the Employer concerning the reason leading to the suspension or discharge. Within five (5) workdays following the interview, the Union may submit the complaint to arbitration.
Suspension of Trading At any time after the Registrable Securities are covered by an effective Registration Statement, the Company may deliver to the Holder of such Registrable Securities a certificate (the "Suspension Certificate") approved by the Chief Executive Officer of the Company and signed by an officer of the Company stating that the effectiveness of and sales of Registrable Securities under the Registration Statement would:
(i) materially interfere with any transaction that would require the Company to prepare financial statements under the Securities Act that the Company would otherwise not be required to prepare in order to comply with its obligations under the Exchange Act, or
(ii) require public disclosure of any transaction of the type discussed in Section 6(d)(i) prior to the time such disclosure might otherwise be required. After the delivery of a Suspension Certificate by Holder of Registrable Securities, the Company may, in its discretion, require such Holder of Registrable Securities to refrain from selling or otherwise transferring or disposing of any Registrable Securities or other Company securities then held by such Holder for a specified period of time that is customary under the circumstances (not to exceed thirty (30) days). Notwithstanding the foregoing sentence, the Company shall be permitted to cause Holder of Registrable Securities to so refrain from selling or otherwise transferring or disposing of any Registrable Securities or other securities of the Company on only one occasion during each twelve (12) consecutive month period that the Registration Statement remains effective. The Company may impose stop transfer instructions to enforce any required agreement of the Holder under this Section 6(d).
Suspension or Debarment In addition to the representations and requirements set forth in Section C.4:
(a) The Contractor certifies for itself and Contractor Parties involved in the administration of federal or state funds that they:
(1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any governmental agency (federal, state or local);
(2) within a three year period preceding the effective date of this Contract, have not been convicted or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state or local) transaction or contract under a public transaction; for violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;
(3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the above offenses; and
(4) have not within a three year period preceding the effective date of this Contract had one or more public transactions terminated for cause or fault.
(b) Any change in the above status shall be immediately reported to the Agency.
Suspension of Business Suspend or go out of a substantial portion of its business.
No Suspension of Trading in or Delisting of Common Shares; Other Events The trading of the Common Shares (including without limitation the Shares) shall not have been suspended by the Commission, the Principal Market or FINRA and the Common Shares (including without limitation the Shares) shall have been approved for listing or quotation on and shall not have been delisted from the Nasdaq Stock Market, the New York Stock Exchange or any of their constituent markets. There shall not have occurred (and be continuing in the case of occurrences under clauses (i) and (ii) below) any of the following: (i) trading or quotation in any of the Company’s securities shall have been suspended or limited by the Commission or by the Principal Market or trading in securities generally on either the Principal Market shall have been suspended or limited, or minimum or maximum prices shall have been generally established on any of such stock exchanges by the Commission or the FINRA; (ii) a general banking moratorium shall have been declared by any of federal or New York, authorities; or (iii) there shall have occurred any outbreak or escalation of national or international hostilities or any crisis or calamity, or any change in the United States or international financial markets, or any substantial change or development involving a prospective substantial change in United States’ or international political, financial or economic conditions, as in the judgment of the Agent is material and adverse and makes it impracticable to market the Shares in the manner and on the terms described in the Prospectus or to enforce contracts for the sale of securities.
DISCHARGE AND SUSPENSION A. A suspended or discharged seniority employee will be allowed to discuss his/her suspension or discharge with the President or Vice President. The Board will allow the discussion before the employee is required to leave the property of the Board. If the President or Vice President is not available during the discharged employee’s shift, the employee may meet with the President or Vice President on Board property up to twenty-four hours after the end of his/her shift. Nothing contained herein, however, shall prevent the Board from requiring the summary removal of the offending employee if it appears that the safety of any person, property, or the maintenance of order requires such summary removal. The President or Vice President will not allow other employees to become involved in the discussion. Upon request of the Association, the Board’s designated representative will discuss the suspension with the Association representative and the employee.
B. Grievances protesting the discharge or suspension will commence at Step Two and must be filed within three (3) working days after the action was taken. Failure to abide by this time limit shall be construed as a waiver, by both the Association and the employee involved, of any protest of the action. If a seniority employee is notified that he/she will be suspended, the suspension will not take effect, if a timely grievance has been filed, until after the third (3) step of the grievance procedure, unless the Board deems it is necessary to immediately suspend for maintenance of order, safety of person(s) or property.
C. Any award of back wages shall be limited to the amount of wages that the employee would otherwise have earned, less any compensation that he/she may have received from any source during the period of back pay.
D. The Board has the right to discharge for just cause. No seniority bargaining unit member shall be disciplined without just cause.
E. The Board agrees, when suspending or discharging an employee, to notify, in writing, the employee and the Association, including the UniServ Director.
F. In imposing discipline on a current charge, the Board will not take into account prior infractions which occurred more than two (2) years previously, nor impose discipline on an employee for inadvertent errors or mistakes on his/her employment application, after a period of one year from his/her date of seniority, except in cases of felony convictions.
