TRANSFER OF OPERATIONS. Purchaser shall be entitled to immediate possession of, and to exercise all rights arising under, the Assets from and after the time that the Restaurants open for business on the Closing Date, and operation of the Restaurants shall transfer at such time (the "Effective Time"). Except as expressly provided in this Agreement, all profits, losses, liabilities, claims, or injuries arising before the Effective Time shall be solely to the benefit or the risk of Seller. All such occurrences after the Effective Time shall be solely to the benefit or the risk of Purchaser. The risk of loss or damage by fire, storm, flood, theft, or other casualty or cause shall be in all respects upon Seller prior to the Effective Time and upon the Purchaser thereafter.
TRANSFER OF OPERATIONS. Master Xxxxxx agrees that, in the event that HUD requires a replacement operator pursuant to the Operator’s Regulatory Agreement, or terminates the Master Lease in accordance with this Agreement, Master Tenant shall cooperate with such actions and shall take all actions necessary to (i) provide for an orderly transition to the replacement operator of licensed operations with applicable Medicare and Medicaid certifications intact, (ii) maintain normal operations, (iii) avoid displacement of residents, and (iv) transfer all transferable provider agreements to the replacement operator(s), as applicable. Master Xxxxxx hereby agrees to waive any termination fees and penalties due to Master Tenant relating to such termination or transfer actions.
TRANSFER OF OPERATIONS. It is further understood and agreed that employees at a Works who are laid off as a result of the transfer by the Company of equipment from one (1) Works to another, will be given preferential consideration for new employment, in accordance with the above provisions. In the event of the future hire of such person in accordance with these and the above provisions, full Company service will additionally be provided for the sole purpose of determining the period of recall entitlement, should such person be laid off from the new Works.
TRANSFER OF OPERATIONS. (a) When operations are transferred from one unit to another unit within a Salary bargaining unit represented by the Union, the Company will determine the number of additional employees, if any, the receiving unit will need to perform the transferred operations, and employees engaged on such operations may, if they so desire and if needed in the receiving unit, be transferred to that unit. Employees whose jobs are transferred who do not wish to transfer to the receiving unit or for whom no jobs are available in the receiving unit will exercise their seniority rights in the unit in which they work.
(b) When operations are to be transferred from one such unit to another such unit, the Company will notify the National Union in writing of such transfer. Such notice will be given in advance and as promptly as the circumstances in each case permit. Management will advise the Unit and/or the Local Union President of impending transfers and upon request will discuss the details, including where available, the nature of the work involved and the numbers of employees affected. The Company, at the request of the National Union, will negotiate the advisability of transferring to the receiving unit employees who are affected by the transfer of the work.
(c) In the event the parties are unable to agree on a suitable arrangement in discussions pursuant to paragraph (b) above, the Company shall determine the number of additional employees, if any, the receiving unit will need to perform the transferred operations and will offer work at the receiving unit to employees in the unit from which the operation will be transferred in the following order:
(i) Employees working on the operation;
(ii) Employees working in the department;
(iii) Employees working in the unit. If, within one hundred and twenty (120) days after the completion of such transfer, the number of employees needed to perform the transferred operations in the receiving unit should change, the Company, at the request of the National Union, will discuss the advisability of adjusting the number of employees required at the receiving unit.
(d) Employees under the Office, and Clerical and Engineering Agreement transferred from a bargaining unit under the Agreement in a transfer of operations, pursuant to this Section, to another shall be transferred with full seniority and their seniority in the former unit shall terminate. (c02)
TRANSFER OF OPERATIONS. Except in those instances in which CAMI and the Union mutually agree, the transfer of operations between sections or within the section between teams, that result in a change of required staffing, the affected sections or team(s), will be adjusted:
(1) by transferring the entire team on a shift, including the team leader with the work, when the operations of an entire team is transferred, or
(2) by first transferring the high seniority volunteers from the affected team on the shift and secondly requiring the transfers of low seniority members of the affected team on the shift (excluding the team leader), when less than the operation content of an entire team is transferred. A team member reassigned under 22(d) shall become eligible to post to an opening pursuant to 22(b).
TRANSFER OF OPERATIONS and Maintenance to Joint Board at End of TCS Operations and Maintenance Term
TRANSFER OF OPERATIONS. 20.1 In the event the Company moves the present operation (s) in whole or part to a new location within the Province of Ontario which will result in a layoff of employees at the Ventra Plastics – Windsor Plant, the employees so affected shall have the right to move to the new location and retain the seniority each has acquired and the existing collective agreement would move with them, unless there is an existing agreement in place already.
TRANSFER OF OPERATIONS. At Lessor's request, upon the expiration or earlier termination of the Term, Lessee shall use its best efforts to transfer to Lessor or Lessor's nominee (or to cooperate with Lessor or Lessor's nominee in connection with the processing by Lessor or Lessor's nominee of any applications for) all licenses, operating permits and other governmental authorizations and all contracts, including contracts with governmental or quasi-governmental entities which may be necessary for the operation of the Facility; provided that the costs and expenses of any such transfer or the processing of any such application shall be paid by Lessor or Lessor's nominee.
TRANSFER OF OPERATIONS. Upon the termination of this Agreement, OCWA will return the following to the Client:
(a) The log books for the Facilities.
(b) The original operations manuals that were provided by the Client to OCWA at the commencement of the Services with all updates to the expiry date of the Agreement.
(c) A list of emergency phone numbers from the contingency plan binders used by OCWA staff in respect of the Facilities.
(d) Maintenance and repair records of equipment at the Facilities in electronic format.
(e) The operational plans under the Drinking Water Quality Management Standard (DWQMS) and any Standard Operating Procedures (SOPs) identified in the DWQMS.
TRANSFER OF OPERATIONS. 2.01 The Employer agrees that, if the existing operations covered by this Agreement or part of them are moved or otherwise transferred to a location outside the geographic area of the bargaining unit, this Collective Agreement shall thereupon also be applicable at the new location, and employees who elect to move to the new location shall be paid their actual reasonable costs of so doing.
