The Operational Hive Clause Samples

The Operational Hive down and the Transitions Contingent On The Lease have no other effects on the employment and apprenticeships. In particular, no special measures are currently planned in respect of the Operational Hive- down and the Transitions Contingent On The Lease. The consequences of the termination of the Business Lease Agreements are outlined in § 13. The HoldCos do not have any employees or employee representatives. Since, on the basis of this Holding Hive-down Agreement, only company shares of the OpCos are hived down, the Holding Hive-down has no effect on the em- ployment relationships existing at the OpCos. In particular, the transfer of the company shares in the OpCos to the HoldCos does not meet the prerequisites of a transfer of undertaking within the meaning of Sec. 613a BGB. Therefore, no employment relationships are transferred from the OpCos to the HoldCos in the course of the Holding Hive-down. Overall, the Holding Hive-down does not have any impact on the employees and their representative bodies and no special measures are planned with respect to the Holding Hive-down. As for the presentation of the effects of the Operational Hive-down, the Transitions Contingent On The Lease, and the termination of the Business Lease Agree- ments, please refer to the explanatory comments in § 11 and § 13. 13.1 Upon termination of the respective Business Lease Agreement, the employ- ment relationships allocated in each case to the operation of the Operating Unit KGaA Healthcare, the Operating Unit KGaA Life Science, or the Operat- ing Unit KGaA Performance Materials shall be transferred from KGaA to the respective OpCo at the respective termination date, including the pension enti- tlements granted under the German Company Pensions Act (Betriebsren- tengesetz) as detailed in Sec. 613a BGB, including all rights and obligations. The years of service rendered at KGaA or recognized by KGaA shall apply in full as performed at the specific OpCo. Furthermore, the employment and ap- prenticeships transferred pursuant to Sec. 613a BGB shall not be terminated due to the transfer of undertaking (Sec. 613a (4) BGB). 13.2 The apprenticeships of the apprentices of KGaA shall not be covered by the transfers of the operations to the OpCos upon termination of the Business Lease Agreements, even if they were deployed in the respective Operating Unit at the respective termination date. The apprenticeships exist even after the termination of the Business Lease Agreements with KGaA and do...
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The Operational Hive down and the Operating Assets To Be Transferred in- clude only assets and liabilities items of KGaA. To the extent that reference is made to a Group-wide Business Sector to determine the Operating Assets To Be Transferred, the transfer is limited to the assets and liabilities items of KGaA attributable to this Business Sector. Insofar as the term “Assets And Li- abilities Item” or “Assets And Liabilities Items” is used in this Hive-down Agreement, this shall include, subject to any provisions to the contrary herein, assets and liabilities items of KGaA as set out in Sec. 126 (1) (9) UmwG, in- cluding intangible assets, tangible assets, contractual relationships, and other legal relationships of any kind, receivables and liabilities, uncertain liabilities, contingent liabilities, and future receivables and liabilities, whose legal basis has already been established.
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The Operational Hive down and the Transitions Contingent On The Lease have no impact on the works agreements concluded with the Works Council Of Joint Works, on the Group works agreements concluded with the Group Works Council of KGaA, and on the agreements concluded with the commit- tee representing the senior employees. Said agreements continue to apply to the Transitioning Employees under collective bargaining laws without any changes even after the Operational Hive-down and the Transitions Contingent On The Lease.
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Related to The Operational Hive

  • Synchronization, Commissioning and Commercial Operation 5.1.1 The SPG shall give PGVCL at least thirty (30) days’ advanced preliminary written notice and at least fifteen (15) days’ advanced final written notice, of the date on which it intends to synchronize the Solar Power Project to the Grid System. 5.1.2 Subject to Article 5.1.1, the Power Project may be synchronized by the SPG to the Grid System when it meets all the connection conditions prescribed in applicable Grid Code then in effect and otherwise meets all other Indian legal requirements for synchronization to the Grid System. 5.1.3 The synchronization equipment and all necessary arrangements / equipment including RTU for scheduling of power generated from the Project and transmission of data to the concerned authority as per applicable regulation shall be installed by the SPG at its generation facility of the Power Project at its own cost. The SPG shall synchronize its system with the Grid System only after the approval of synchronization scheme is granted by the head of the concerned substation/ and checking/verification is made by the concerned authorities of the PGVCL. 5.1.4 The SPG shall immediately after each synchronization/tripping of generator, inform the sub-station of the Grid System to which the Power Project is electrically connected in accordance with applicable Grid Code. In addition, the SPG will inject in-firm power to grid from time to time to carry out operational/ functional test prior to commercial operation. For avoidance of doubt, it is clarified that Synchronization / Connectivity of the Project with the grid shall not to be considered as Commissioning of the Project. 5.1.5 The SPG shall commission the Project within nine (9) Months from the Date of execution of this PPA. Declaration of COD shall be certified by the commissioning committee. 5.1.6 The Parties agree that for the purpose of commencement of the supply of electricity by SPG to PGVCL, liquidated damages for delay etc., the Scheduled Commissioning Date as defined in this Agreement shall be the relevant date.

  • Operations Fire An “Operations Fire” is a fire caused by Purchaser’s Operations other than a Neg- ligent Fire.

  • Project Management Project Management Institute (PMI) certified project manager executing any or all of the following: • Development of Project Charter • Development of project plan and schedule • Coordination and scheduling of project activities across customer and functional areas • Consultation on operational and infrastructure requirements, standards and configurations • Facilitate project status meetings • Timely project status reporting • Address project issues with functional areas and management • Escalation of significant issues to customers and executive management • Manage project scope and deliverable requirements • Document changes to project scope and schedule • Facilitate and document project closeout

  • Construction Phase Services 3.1.1 – Basic Construction Services

  • PRE-CONSTRUCTION PHASE SERVICES The Pre-Construction Phase shall be deemed to commence upon the date specified in a written Notice to Proceed with Pre-Construction Phase Services issued by Owner and shall continue through completion of the Construction Documents and procurement of all major Subcontractor agreements. Contractor is not entitled to reimbursement for any costs incurred for Pre-Construction Phase Services performed before issuance of the written Notice to Proceed. Pre- Construction Phase Services may overlap Construction Phase Services. Contractor shall perform the following Pre-Construction Phase Services: