Discharge and Termination. If agreed in Part V of the Schedule, any Call or any Put written by a Party will automatically be discharged and terminated, in whole or in part, as applicable, against a Call or a Put, respectively, written by the other Party, such discharge and termination to occur automatically upon the payment in full of the last Premium payable in respect of such Options; provided that such discharge and termination may only occur in respect of Options:
(i) each being with respect to the same Put Currency and the same Call Currency; (ii) each having the same Expiration Date and Expiration Time; (iii) each being of the same style, i.e. either both being American Style Options or both being European Style Options; (iv) each having the same Strike Price; (v) each being transacted by the same pair of Designated Offices of Buyer and Seller; and (vi) neither of which shall have been exercised by delivery of a Notice of Exercise; and, upon the occurrence of such discharge and termination, neither Party shall have any further obligation to the other Party in respect of the relevant Options or, as the case may be, parts thereof so discharged and terminated. Such discharge and termination shall be effective notwithstanding that either Party may fail to record such discharge and termination in its books. In the case of a partial discharge and termination (i.e., where the relevant Options are for different amounts of the Currency Pair), the remaining portion of the Option which is partially discharged and terminated shall continue to be an Option for all purposes of the Agreement, including this Section 4.1.
Discharge and Termination. Unless otherwise agreed, any Call or any Put written by a party will automatically be terminated and discharged, in whole or in part, as applicable, against a Call or a Put, respectively, written by the other party, such termination and discharge to occur automatically upon the payment in full of the last Premium payable in respect of such Currency Option Transactions; provided that such termination and discharge may only occur in respect of Currency Option Transactions:
(i) each being with respect to the same Put Currency and the same Call Currency;
(ii) each having the same Expiration Date and Expiration Time;
(iii) each being of the same style, i.e. either both being American style Currency Option Transactions or both being European style Currency Option Transactions;
(iv) each having the same Strike Price and other material terms;
(v) neither of which shall have been exercised by delivery of a Notice of Exercise; and
(vi) each having been transacted by the same pair of Offices of the Buyer and Seller. and, upon the occurrence of such termination and discharge, neither party shall have any further obligation to the other party in respect of the relevant Currency Option Transactions or, as the case may be, parts thereof so terminated and discharged. In the case of a partial termination and discharge (i.e., where the relevant Currency Option Transactions are for different amounts of the Currency Pair), the remaining portion of the Currency Option Transaction which is partially discharged and terminated shall continue to be a Currency Option Transaction for all purposes of this Agreement, including this Section 3.4(c).
(3) Section 3.7(a) of the FX Definitions is hereby amended by substituting the following therefor in its entirety:
Discharge and Termination. If agreed in Part V of the Schedule, any Call or any Put written by a Party will automatically be discharged and terminated, in whole or in part, as applicable, against a Call or a Put, respectively, written by the other Party, such discharge and termination to occur automatically upon the payment in full of the last Premium payable in respect of such Options; provided that such discharge and termination may only occur in respect of Options: each being with respect to the same Put Currency and the same Call Currency; each having the same Expiration Date and Expiration Time; each being of the same style, i.e. either both being American Style Options or both being European Style Options; each having the same Strike Price; each being transacted by the same pair of Designated Offices of Buyer and Seller; and neither of which shall have been exercised by delivery of a Notice of Exercise; and, upon the occurrence of such discharge and termination, neither Party shall have any further obligation to the other Party in respect of the relevant Options or, as the case may be, parts thereof so discharged and terminated. Such discharge and termination shall be effective notwithstanding that either Party may fail to record such discharge and termination in its books. In the case of a partial discharge and termination (i.e., where the relevant Options are for different amounts of the Currency Pair), the remaining portion of the Option which is partially discharged and terminated shall continue to be an Option for all purposes of the Agreement, including this Section 4.1.
Discharge and Termination. 16.01 It is hereby agreed that the Employer has the right to discipline or discharge for just cause and notice or pay in lieu of notice may be forfeited in the event of such discharge, at the Employer's option. The Employer will provide the employee with a statement, in writing, at the time of the discipline or discharge clearly establishing the reason for such discipline or discharge.
16.02 If an employee resigns without giving two (2) weeks' written notice, such employee shall forfeit all welfare plan benefits.
16.03 If upon joint investigation by the Union and the Employer, or by decision of the Board of Arbitration appointed pursuant to the terms of this Agreement, it shall be found that an employee has been unjustly discharged, such employee shall be, subject to the award of the said Board or pursuant to the mutual findings of the Union and the Employer, reinstated to his former position without any loss of seniority or rank or benefits, and shall be compensated by the Employer for all time lost retroactive to the date of discharge.
16.04 An employee whose employment is terminated by the Employer, as set forth in Article
16.01 above, shall be paid all vacation credits and salary due upon such termination of employment.
Discharge and Termination. 1. An Instructor can be discharged before the expiry date of the appointment only for just cause, such as gross misconduct or grossly unsatisfactory performance. In such a case no notice or pay in lieu of notice shall be required.
2. If, notwithstanding the provision of clause l. above, an Instructor is terminated before the expiry date of the appointment because his/her services are no longer required owing to elimination of the course(s) or section(s) of a course he/she is teaching, the Instructor shall be given three (3) weeks notice in writing. Alternatively the Instructor may be paid salary in lieu of such notice period. It is understood that, if only some component parts of the Instructor's total teaching function are no longer required, the foregoing provisions of this paragraph shall apply only to the specific course(s) or section(s) that are eliminated and not to the remainder of the Instructor's teaching function.
3. Decisions concerning discharge or termination shall be made by the Xxxx upon the recommendation of the Chair/Director and shall unless the reasons for discharge are such as to render this impractical or inappropriate- be preceded by a notice in writing to the Instructor and the union of the reasons for the discharge and termination, and by a meeting of the Instructor with the Xxxx at which the reasons for the discharge or termination shall be stated. The Instructor may be accompanied at the meeting by a representative of the Union which shall be advised, in advance, of the time and place of the meeting.
Discharge and Termination. 12.01 a) It is hereby agreed that the Employer has the right to discharge for just cause.
Discharge and Termination. 16.01 It is hereby agreed that the Employer has the right to discipline or discharge for just cause and notice or pay in lieu of notice may be forfeited in the event of such discharge, at the Employer's option. The Employer will provide the employee with a statement, in writing, at the time of the discipline or discharge clearly establishing the reason for such discipline or discharge, with a copy to the Union and a Union Job Xxxxxxx and/or Union Representative shall be present at the meeting held to terminate the Employee’s employment with the Employer.
16.02 If a regular employee is terminated, except as provided in Article 1 above, said employee shall receive two (2) weeks' written notice immediately prior to the date of termination, or the equivalent in wages. If notice is given prior to the vacation period of any employee, such employee shall receive two (2) weeks' wages, at the employee's current salary, in addition to vacation pay to which the employee is entitled, plus all other benefits.
16.03 If an employee resigns without giving two (2) weeks' written notice, such employee shall forfeit all welfare plan benefits.
16.04 If upon joint investigation by the Union and the Employer, or by decision of the Board of Arbitration appointed pursuant to the terms of this Agreement, it shall be found that an employee has been unjustly discharged, such employee shall be, subject to the award of the said Board or pursuant to the mutual findings of the Union and the Employer, reinstated to their former position without any loss of seniority or rank or benefits, and shall be compensated by the Employer for all time lost retroactive to the date of discharge.
16.05 An employee whose employment is terminated by the Employer, as set forth in Article l above, shall be paid all vacation credits and salary due upon such termination of employment.
Discharge and Termination. SECTION 1. It is hereby agreed that the Association has the right to discharge for just cause and notice or pay in lieu of notice may be given in the event of such discharge.
SECTION 2. If a regular employee is terminated, except as provided in Section 1 above, said employee shall receive two (2) weeks notice immediately prior to the date of termination, or the equivalent in wages. If notice is given immediately prior to the vacation period of any employee, such employee shall receive two (2) weeks wages, at the employee’s current salary, in addition to vacation pay to which the employee is entitled, plus all other benefits.
SECTION 3. If upon joint investigation by the Union and the Association, or by decision or an arbitration pursuant to the terms of this Agreement, it shall be found that an employee has been unjustly discharged, the affected employee shall be, subject to the award of such arbitration or pursuant to the mutual findings of the Union and the Association re-instated to their former position without any loss of seniority or rank. Compensation for lost salary shall be as mutually agreed between the Association and the Union or as decided by arbitration.
Discharge and Termination. (a) The School agrees to use its best efforts to maintain the Student's placement. Notwithstanding the above Section 4, the School may discharge the Student under any of the following conditions:
(1) By mutual agreement of the School, LEA and the Student's parent(s), legal guardian(s) or person with legal responsibility for the Student. The LEA shall convene an IEP review meeting within 10 days of receipt of notice from the School for the purpose of planning the Student’s discharge. Discharge will be effective within 30 days of the IEP review meeting unless otherwise agreed to by all parties.
(2) If: (i) the Student has reached 22 years of age; (ii) the School has not entered into an agreement satisfactory to the School with a financially responsible person or agency regarding funding for the Student at the School after the Student has reached 22 years of age; and (iii) the School has given 30 days notice to the LEA and the Student's parents, legal guardian or person with legal responsibility for the Student at the School, the School will terminate the Student's placement if such an agreement regarding funding has not been entered into.
(3) Any invoice of the School for services provided to the Student remains unpaid for 30 days after the date of rendering of invoice provided that 10 days have elapsed after the School has sent notice to the LEA of non-payment.
(4) The IEP does not accurately describe the Student, in that the Student requires a level of staff, services or support services beyond that regularly provided in the School's program unless accommodated under an individual price agreement.
(5) The Student presents a clear and present threat to the health and safety of the Student or others; or some other unplanned circumstance which makes it inappropriate for the Student to remain in the program, in which case the Student will be discharged on an emergency basis.
(6) The Student's parents, guardian or person with legal responsibility for the Student have failed to comply with the provisions of the agreement.
(7) The LEA has failed to comply with the provisions of this Agreement.
(b) In the case of an emergency termination, the Student may be discharged immediately provided that the provisions of 603 CMR 28.09(12) and the School’s termination policies are followed.
(c) The Student's absence from the School shall not constitute a termination of the Student's enrollment nor reduce any amount which the LEA is obligated to pay hereunder without the Scho...
Discharge and Termination. Any termination described in this Section 8 shall not affect the Employee's obligations under the covenants of Section 7.
