Use and Application. 1. Xxxx leave drawn from the bank by participating members must be used for said members’ prolonged personal illness, accident, or injury. Such things as Elective Surgery or Cosmetic Surgery shall not be covered. An illness or injury shall be considered prolonged (1) where there is no reasonable expectation that the employee will be physically able to return to employment within 3 months of the date of application to draw Sick Leave Bank days, or (2) where due to unexpected complications, the injury or illness causes the member to be physically disabled for three (3) or more months after the requirement of (3) (b) and (3) (c) below are met.
2. No member shall be eligible to use the bank until he/she has exhausted all accumulated sick leave and annual leave on record.
3. Any member wishing to use the bank must have been a member of the bank for at least thirty (30) working days before contraction of the illness unless waived in the case of extreme emergency by the SLBC. In addition, the member must have been absent for a minimum of ten (10) consecutive work days without pay.
4. Any member applying for days from the Sick Leave Bank must have filed an application with the Board for Extended Sick Leave that has been received by the Personnel Office and approved pending Board action. Written notification to the Sick Leave Bank Committee will be made within three (3) working days of the Personnel Office approval or disapproval.
5. Any member applying for days from the Sick Leave Bank must file an application with the committee. This application must be accompanied by a form filled out by the doctor who certifies the illness or disability and the length of anticipated physical disability. The member must certify in the application the date leave began, the date sick leave will be exhausted, the date on which the Sick Leave Bank is requested, and the necessity for the extended leaves. The committee reserves the right to request a second medical opinion at the cost of the applicant. All medical and application records shall be held in confidence by the SLBC.
6. No member shall be permitted to use the Sick Leave Bank if he/she is drawing workers’ compensation.
7. No member shall be eligible to draw more than thirty (30) days from the bank during any school year.
Use and Application a. Sick leave drawn from the bank by participating members must be used for said members’ catastrophic personal injury or illness.
b. No member shall be eligible to use the bank until s/he has exhausted all accumulated sick leave on record.
c. Any member wishing to use the bank must have been a member of the bank for at least thirty (30) working days before contraction of the catastrophic illness or injury unless waived in the case of extreme emergency by the committee. In addition, the member must have been absent from duty for a minimum of fifteen (15) consecutive workdays.
d. No member shall be eligible to draw more than sixty (60) workdays from the bank during any contract year, with no more than thirty (30) days awarded at a time.
e. Any member applying for days from the Sick Leave Bank must file an application with the committee. (See form attached in Appendix F) This application must be accompanied by a doctor’s statement certifying the illness or injury and the necessity for the extended leave. (See form attached in Appendix E) The member must certify in the application the date leave began, the date leave will be exhausted, and the dates for which days from the sick leave bank are requested. The committee reserves the right to request a second medical opinion at the cost of the applicant. The committee will consider all pertinent documents and render a decision by a 2/3 vote. That decision is final. The committee shall forward the request with its decision concerning approval to the Finance Department.
f. Members receiving 66 2/3% Workers’ Compensation pay who meet sick leave bank criteria, and are approved by the sick leave bank committee, may be eligible for a maximum 33 1/3% of salary award subject to all other maximums defined in the sick leave bank rules. (Bd. Appd. 11-16-10)
Use and Application. Tenant has deposited with Landlord the Security Deposit, as security for the prompt, full and faithful performance by Tenant of each and every provision of this Lease and of all obligations of Tenant hereunder. Landlord has invested the Security Deposit, and shall keep the same invested, in (i) prime commercial paper, banker's acceptances or certificates of deposit in United States commercial banks (having net assets in excess of $100,000,000), in each case having a maturity of not more than 30 days, or (ii) obligations of the United States Government having a maturity of not more than 90 days, or (iii) one or more mutual funds which invest their assets primarily in investment of the type described in clauses (i) and (ii), or (iv) one or more interest-bearing accounts in financial institutions the deposits in which are insured by an agency of the United States. If an Event of Default occurs, Landlord may use, apply or retain the whole or any part of the Security Deposit for the payment of (i) any Basic Rent or Additional Charges which Tenant may not have paid or which may become due after the occurrence of such Event of Default, (ii) any sum expended by Landlord on Tenant's behalf in accordance with the provisions of this Lease, or (iii) any sum which Landlord may expend or be required to expend by reason of Tenant's default, including damages or deficiency in the reletting of the Leased Premises as provided in Section 16. The use, application or retention of the Security Deposit, or any portion thereof, by Landlord shall not prevent Landlord from exercising any other right or remedy provided by this Lease or by law and shall not operate as a limitation on any recovery to which Landlord may otherwise be entitled. If any portion of the Security Deposit is used, applied or retained by Landlord for the purpose set forth above, Tenant agrees, within 10 days after a written demand therefor is made by Landlord, to deposit cash with the Landlord in an amount sufficient to restore the Security Deposit to its original amount.
Use and Application a. Xxxx leave drawn from the bank by participating members must be used for said members’ catastrophic personal injury or illness.
b. No member shall be eligible to use the bank until s/he has exhausted all accumulated leave on record.
c. Any member wishing to use the bank must have been a member of the bank for at least thirty (30) working days before contraction of the catastrophic illness or injury unless waived in the case of extreme emergency by the committee. In addition, the member must have been absent from duty for a minimum of fifteen (15) consecutive workdays.
d. No member shall be eligible to draw more than sixty (60) workdays from the bank during any school year, with no more than thirty (30) days awarded at a time.
e. Any member applying for days from the Sick Leave Bank must file an application with the committee. (See form attached in Appendix 4) This application must be accompanied by a doctor’s statement certifying the illness or injury and the necessity for the extended leave. (See form attached in Appendix 5) The member must certify in the application the date leave began, the date leave will be exhausted, and the dates for which days from the sick leave bank are requested. The committee reserves the right to request a second medical opinion at the cost of the applicant. The committee will consider all pertinent documents and render a decision by a 2/3 vote. That decision is final. The committee shall forward the request with its decision concerning approval to the Finance Department.
Use and Application a. Xxxx leave drawn from the bank by participating members must be used for said members’ prolonged personal illness, accident, or injury. Such things as Elective Surgery or Cosmetic Surgery shall not be covered. An illness or injury shall be considered prolonged (1) where there is no reasonable expectation that the employee will be physically able to return to employment within three (3) months of the date of application to draw Sick Leave Bank days, or (2) where due to unexpected complications, the injury or illness causes the member to be physically disabled for three (3) or more months after the requirements of (3) (b) and (3) (c) below are met.
b. No member shall be eligible to use the bank until he/she has exhausted all accumulated sick leave and annual leave on record.
c. Any member wishing to use the bank must have been a member of the bank for at least thirty (30) working days before contraction of the illness unless waived in the case of extreme emergency by the SLBC. In addition, the member must have been absent for a minimum of ten
Use and Application. The lessor accepts no responsibility or liability as to the suitability ad functionality of the equipment for the intended use by the lessee. The lessee shall render the lessor and its agents harmless from any and all liability or claims that may result from the use of the equipment by the lessee, including reasonable attorney’s fees.
Use and Application. Except as set forth hereinbelow or in case of a Minor Claim, Agent, in its absolute discretion, may decide whether and to what extent, if any, proceeds of insurance will be made available to Borrowers for repair or restoration of the Projects. Notwithstanding the foregoing, Agent agrees to make insurance proceeds available to Borrowers for repair or restoration provided the following conditions are satisfied:
(i) the cost to repair the affected Project or Projects (as determined by Agent) is not more than twenty five percent (25%) of the replacement value of the affected improvements (for projects containing multiple phases or stand alone structures, such calculation to be based on the damaged phase or structure, not the Project or Projects as a whole);
(ii) no Event of Default or Potential Default exists;
(iii) Agent determines that there are sufficient funds available to restore and repair the Projects to a condition substantially the same as existed prior to the casualty;
(iv) Agent determines that the Net Operating Income of the Projects during restoration plus the collectible proceeds of business interruption insurance will be sufficient to pay Debt Service;
(v) Agent determines that after restoration the Debt Service Coverage Ratio will be at least 1.15:1.00 and the Project Yield will be at least nine percent (9%);
(vi) Agent determines that restoration and repair of the affected Project or Projects to a condition approved by Agent will be completed within nine (9) months after the date of loss or casualty and in any event ninety (90) days prior to the Maturity Date; and
(vii) Borrowers promptly commence and are diligently pursuing restoration of the affected Project or Projects.
Use and Application. 5 3.02 TRANSFER OF LANDLORD'S INTEREST . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 4.00 USE OF LEASED PREMISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Use and Application. As additional security for the full and prompt performance of its obligations hereunder, Tenant has concurrently with the execution of this Lease paid to Landlord the amount set forth on the Schedule. Said Security Deposit need not be segregated and may be applied by Landlord for the purpose of payment of Rent or other sums due from Tenant, curing any default or defaults of Tenant hereunder, or for the payment of any sum which Landlord may be required to expend by reason of Tenant's default or to pay to Landlord any loss or damages Landlord may suffer by reason of Tenant's default. Tenant shall replenish said deposit in full within five (5) days after written demand therefor by paying to Landlord on demand the amount so applied. Tenant's failure to do so shall be a material breach of this Lease. Application of the Security Deposit, or any portion thereof, by Landlord shall not prevent Landlord from exercising any other right or remedy provided by this Lease or by law (it being intended that Landlord shall not first be required to proceed against the Security Deposit) and shall not operate as a limitation on any recovery to which Landlord may otherwise be entitled. Landlord shall not pay any interest on said deposit except as required by law. After the termination of this Lease and the vacation of the Leased Premises by Tenant, any portion of said Security Deposit then being held by Landlord which Landlord is not entitled to apply as aforesaid shall be returned to Tenant. In the absence of evidence satisfactory to Landlord of any permitted assignment of the right to receive the Security Deposit or the remaining balance thereof, Landlord may return the same to the original Tenant, regardless of one or more assignments of Tenant's interest in this Lease or the Security Deposit. In such event Landlord shall be completely relieved of liability under Section 3.00 or otherwise with respect to the Security Deposit. Said Security Deposit shall not be deemed an advance payment of Rent, a payment of Rent for the last month of the Term, a payment of liquidated damages, or a measure of Landlord's damages for any default hereunder by Tenant. The use, application or intention of the Security Deposit, or any portion thereof, by Landlord shall not prevent Landlord from exercising any other right or remedy provided by this Lease or by
Use and Application a. Sick leave drawn from the bank by participating members must be used for said members’ catastrophic personal injury or illness.
b. No member shall be eligible to use the bank until s/he has exhausted all accumulated leave on record.
c. Any member wishing to use the bank must have been a member of the bank for at least thirty (30) working days before contraction of the catastrophic illness or injury unless waived in the case of extreme emergency by the committee. In addition, the member must have been absent from duty for a minimum of fifteen (15) consecutive workdays.
d. No member shall be eligible to draw more than sixty (60) workdays from the bank during any school year, with no more than thirty (30) days awarded at a time.
e. Any member applying for days from the Sick Leave Bank must file an application with the committee. (See form attached in Appendix
