Transfer and Relocation. (a) Except as provided in subsection 27.4, where the Owner or any successor to the Owner's title in the Products (i) elects to transfer a Product to a third party, and where such Product will remain in place and operational for the purpose of continuing to provide PCS in the franchise area in which such Product is installed, or (ii) elects to transfer Products to an Affiliate for reuse within the United States, the Owner may transfer its RTU License for the Software furnished under this Contract for use with such Product, without the payment of any additional Software right-to-use fees by the transferee, but only under the following conditions:
(A) The right to use such Software may be transferred only together with the Products with which the Owner has a right to use such Software, and such right to use the Software will continue to be limited to use with such Products;
(B) Before any such Software is transferred, the Owner will notify the Vendor of such transfer and the transferee will have agreed in writing (a copy of which will be provided to the Vendor) to keep the Software in confidence and to corresponding conditions respecting possession and use of Software as those imposed on the Owner in this Contract; and
(C) The transferee will have the same right to Software warranty and Software maintenance for such Software as the transferor, provided the transferee continues to pay the fees, including recurring fees, such as Annual Release Maintenance Fees, if any, associated with such Software warranty or maintenance.
(b) Except as provided in subsection 11.4(a) or subsection 27.4, and except as may otherwise in this Contract be provided expressly, the Owner or any successor to the Owner's title in the Products will have no right to transfer Software furnished by the Vendor under this Contract without the consent of the Vendor. If the Owner or such successor elects to transfer a Product purchased under this Contract for which it does not under this Contract have the right to transfer related Software, the Vendor agrees that upon written request of the transferee of such Product, or of the Owner or such successor, the Vendor will not without reasonable cause fail to grant to the transferee a license to use such Software with the Products, whether to be located within the United States or elsewhere, upon payment of a relicensing fee to the Vendor in an amount equal to fifty percent (50%) of the license fee for the Software originally paid by the Owner to the...
Transfer and Relocation. 82 11.5 Survival................................................... 83 11.6 Access to Source Codes..................................... 83 11.7
Transfer and Relocation. (a) In the event Owner or any successor to ----------------------- Owner's title in the Products (i) elects to transfer a Product to a third party, and where such Product shall remain in place and used for substantially the same purpose as used by Owner and where such third party resides in the United States and is not a direct competitor of Vendor involved in the manufacture of communications equipment, software or related services, or (ii) elects to transfer Products to an affiliate, Owner may transfer its RTU License for the Software furnished under this Contract for use with such Product, without the payment of any additional Software right-to-use fees by the transferee. For example, if the RTU License for the Software contains usage or per subscriber limits, or the processor to be used by transferee requires additional memory or hard disk space additional payments or purchases may be required. The following conditions shall apply to transfers and relocations pursuant to this subsection 13.4:
(A) The right to use such Software may be transferred only together with the Products with which Owner has a right to use such Software, and such right to use the Software shall continue to be limited to use with such Products;
(B) Before any such Software is transferred, Owner shall notify Vendor of such transfer and the transferee shall have agreed in writing (a copy of which shall be provided to Vendor) to keep the Software in confidence and to corresponding conditions respecting possession and use of Software as those imposed on Owner in this Contract; and
(C) The transferee shall have the same right to Software warranty and Software maintenance for such Software as the transferor, provided the transferee continues to pay the fees, including recurring fees, if any, associated with such Software warranty or maintenance pursuant to this Contract.
(b) Except as otherwise provided in this Contract, Owner or any successor to Owner's title in the Products shall have no right to transfer Software furnished by Vendor under this Contract without the consent of Vendor, which consent shall not be unreasonably withheld. If Owner or such successor elects to transfer a Product purchased under this Contract for which it does not under this Contract have the right to transfer related Software, Vendor agrees that upon written request of the transferee of such Product, or of Owner or such successor, Vendor shall not without reasonable cause fail to grant to the transferee a lic...
Transfer and Relocation. (a) In the event the Owner or any successor to the Owner's title in the Products: (i) elects to transfer a Product to a third party, and where such Product shall remain in place and used for substantially the same purpose as used by the Owner and where such third party resides in the United States and is not a direct competitor of the Vendor involved in the manufacture of communications equipment, software or related services; or (ii) elects to transfer Products to an affiliate, the Owner may [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission.
Transfer and Relocation. It is understood by the parties that as a general policy, employees shall not be required to relocate from one office to another against their will. In cases where the Employer desires to transfer an employee who objects to the transfer, the employee shall not be required to transfer unless the Employer can demonstrate reasonable grounds for the transfer.
Transfer and Relocation. It is understood by the parties that as a general policy, Counsel shall not be required to relocate from one region to another against their will. In cases where the Employer desires to transfer Counsel who objects to the transfer, Counsel shall not be required to transfer unless the Employer can demonstrate reasonable grounds for the transfer. Counsel may elect voluntary layoff.
Transfer and Relocation. The transfer and relocation cycle will continue to occur prior to the new appointments’ cycle. The Department is committed to the placement of teachers who become eligible for transfer through the transfer system or who have been identified for transfer on compassionate grounds. Transfer shall be subject to the existence of a suitable vacancy in the area.
Transfer and Relocation.
7.5.1 The parties agree that a strong state wide service, including service in a range of locations – rural/regional/remote/high priority, underpins the transfer and relocations system. Effective staffing across the state requires that teachers are able to apply to a location of preference subject to meeting minimum service requirements.
7.5.2 It is a condition of permanent employment that an employee could be required to work at any school location within the state.
7.5.3 The Department is committed to the placement of teachers who become eligible for transfer through the transfer system including employees who have applied for transfer on compassionate grounds. Employees seeking transfer and relocation will continue to be prioritised before new appointments are offered.
7.5.4 Transfer shall be subject to the existence of a suitable vacancy in the area.
7.5.5 The parties acknowledge that the Department is reviewing the Teacher Transfer process with the purpose of developing a contemporary and transparent process for all state schools.
7.5.6 The parties agree to the ongoing pilot of the revised Teacher Transfer process in 2019.
7.5.7 The parties commit to implement recommended changes from the pilot by no later than the 2021 Teacher Transfer process. Any variations to the procedures and guidelines applicable to transfer and relocation must be subject to the consultation of the parties.
Transfer and Relocation. This is clause 7.5 of the current agreement. Subclauses 7.5.4 – 7.5.7 of the current agreement has been removed as the Teacher Transfer body of work was completed during the life of the current agreement. Subclause 10.5.4 is a new provision reaffirming the Department’s commitment to transfer and relocation in circumstances where compassionate transfer grounds exist.
Transfer and Relocation. 34 13.5 Termination and Survival.................................. 34 13.6
