Terminated. A part-time employee changing to the status of a full-time employee shall retain his corporate service and seniority. Upon entering into a full-time employee status, he shall suffer no loss of wage rate and will then progress in seniority and wage rate increases in the same manner as other employees covered by this Agreement.
Terminated. Providers designated with the ‘Terminated’ status are prohibited from participation in the Pilot for the remainder of the Participation Agreement term. A Terminated Provider shall be removed from the NYSERDA website and shall not represent themselves as a Provider. A Terminated Provider forfeits its eligibility for Provider incentives and its customers will not have access to Pilot services. All references to NYSERDA must be removed from all marketing materials, vehicles, and advertising including vehicle clings and website as applicable. Customers with incomplete Ratings will be notified of the termination and may be offered such remedies as NYSERDA deems appropriate. If appropriate, NYSERDA may notify the New York State Attorney General, the New York State Department of Labor, the Better Business Bureau, or others of NYSERDA’s findings and decision to terminate the Provider. Further, the officers and owners of the terminated Provider are prohibited from being or becoming officers or owners of any other Provider. In the event a terminated Provider’s company is sold to new owners, it is NYSERDA’s sole discretion whether to allow the terminated Company’s name, or similar derivations, to once again be considered for Pilot Participation. Nothing in this process relieves the Provider of the responsibility to fulfill any remaining obligation to the Pilot, or Pilot customers. NYSERDA has sole discretion in determining whether to terminate a Provider. A Provider may be terminated from participation in the Pilot for any of the following reasons:
a. Has been on suspended status for more than 30 days and has been unresponsive to or failed to adequately fulfill the terms of their suspension
b. Loss of qualifying certifications while Suspended
c. Submits falsified documents or unauthorized signatures to the Pilot
d. Commits illegal actions while participating in the Pilot
e. Is convicted or has a principal who is convicted of a criminal charge that casts the Pilot in negative light or calls the integrity or workmanship of the Provider into question
f. Is in gross violation of Pilot standards
Terminated. Auditors designated with the ‘Terminated’ status are prohibited from offering audits to Customers for the remainder of the Participation Agreement term. A Terminated Auditor shall be removed from the NYSERDA website and shall not represent themselves as a Participating Auditor. A Terminated Auditor forfeits its eligibility to provide Residential Energy Audits to its Customers. All references to NYSERDA must be removed from all marketing materials, vehicles, and advertising including vehicle clings and websites, as applicable. If appropriate, NYSERDA may notify the New York State Attorney General, the New York State Department of Labor, the Better Business Bureau, the Building Performance Institute or other certifying bodies, or others of NYSERDA’s findings and decision to terminate the Participating Auditor. In the event a Terminated Auditor’s company is sold to new owners, the company must reapply; the use of the terminated Company’s name, or similar derivations, will be allowed at NYSERDA’s discretion.
Terminated. An SA whose Agreement has been cancelled for any of the reasons stated below.
Terminated. If the Partner is assigned the status of ‘Terminated’, the Partner forfeits eligibility to submit applications for new projects. NYSERDA has sole discretion in determining whether to terminate the Partner.
Terminated. The termination of this Agreement will in no way limit any obligation or liability of any party based on or arising from a breach or default by such party with respect to any of its representations, warranties, covenants or agreements contained in this Agreement at or before the date of termination.
Terminated. The Rental and Maintenance Payments will be linked to the Index as detailed below, and shall be referred to as "the Rental Payments". In this Contract the following terms shall have the following meaning: The "Index" – the consumer price index including the index of fruits and vegetables, as shall be published by the Central Bureau of Statistics or any other substitute official institute. The "Basic Index" – the Index of November 2012 as published on 15/12/2012. The "New Index" – the Index known on the day of payment. Calculation of the Rental and Maintenance Payments as linked to the Index shall be made as follows: To the Rental and Maintenance Payments will be added linkage differentials at the rate of the Index changes (increase or decrease) on the actual payment date, as compared to the Basic Index, but in any event not less than the Basic Index. The linkage differentials shall be paid along with the Rental and Maintenance Payments and shall be an integral part thereof. It is agreed that in case the New Index shall decrease below the Basic Index, the Landlord shall be paid Rental and Maintenance Payments in the amount that was paid for the last month (including the linkage differentials) before the day on which each of the payments of the Rental and Maintenance payments shall be made. Nonpayment of the linkage differentials on their due date shall be deemed as nonpayment of the Rental and Maintenance Payments on their due date. The settlement between the parties in respect of the linkage differentials shall be made on the actual payment date of the Rental and Maintenance Payments.
Terminated. Nothing contained herein shall be construed to waive any claim which the Facility Lessee might have under any of the Operative Documents or otherwise or to limit the right of the Facility Lessee to make any claim it might have against the Owner Lessor or any other Person or to pursue such claim in such manner as the Facility Lessee shall deem appropriate.
Terminated. A part-time employee changing to the status of a full-time employee shall retain her corporate service and seniority. Upon entering into a full-time employee status, she shall no loss of wage rate and will then progress in seniority and wage rate increases in the same manner as other employees covered by this Agreement. A full-time employee changing her status to that of a part-time employee shall retain her corporate service and her seniority. Upon entering into a part-time status, she shall suffer no loss of wage rate and will progress in seniority and wage rate increases in the same as other part-time employees covered by this Agreement. The Corporation recognizes the Union as the exclusive bargaining agent for all Service Worker employees of The Corporation of the City of Thunder Bay in the City of Thunder Bay, employed in the Homes for the Aged Division, save and except and persons above the rank of Supervisor. The Corporation undertakes that it will not enter into any other or contract with the employees described in the above recited bargaining unit represented by the Union either individually or collectively, which will conflict with any of the provisions of this Agreement. Each of the parties hereto agrees there will be no discrimination, interference, restraint or coercion exercised or practiced upon any employee because of or lack of membership in the Union. It will be a condition of employment for present and new employees completing the period that amounts equivalent to regular monthly dues will be deducted from their wages and remitted to the Union whether or not they sign applications for membership in the month following the month in which the employee was hired. On or before the of his or her employment, the Corporation will give to each new employee, a copy of the Union agreement. The Union agrees that there will be no unlawful strike or collective action designed to restrict or limit output by the employees represented by the Union and if such action should be taken by the employees, the Union will instruct the said employees to return to work and their usual duties forthwith and resort to the grievance procedure established herein for the settlement of any complaint or grievance. Should there be a violation of this section, there shall be discussion or negotiation of the matter in dispute between the said Corporation and the Union until normal work has been resumed. The Corporation agrees there will be no of employees. The Union acknowl...
Terminated. Should an employee terminate with less than two (2) weeks notice of termination, the vacation pay requirements of the Employment Standards Act will apply.
