Miscellaneous. 7.1. Governing Law and Exclusive Forum. The construction, interpretation and performance of this Agreement, as well as the legal relations of the parties, shall be governed by and construed in accordance with the laws identified as the Governing Law for the applicable Contract Jurisdiction in Table 1, without regard to its choice of law principles. All disputes arising under this Agreement shall be heard only by a court of competent jurisdiction in the Venue in the applicable Contract Jurisdiction in Table 1, and You submit to the jurisdiction of such courts for the purpose of litigating such disputes.
Miscellaneous. 9.1 In the event of any proposed Change of Control of Purchaser or Purchaser's Ultimate Parent Company, Purchaser shall forthwith notify Seller of such circumstance and shall procure, not later than the date on which such Change of Control becomes effective, that the new ultimate parent company of Purchaser shall assume all of the Purchaser's and its Ultimate parent Company's responsibilities and liabilities under this Agreement.
Miscellaneous. The Company may in its sole discretion decide that Warrants issued by the Company shall be registered in the Norwegian Registry of Securities (Nw.: Verdipapirsentralen). The Participant undertakes to sign any document or to take any action that the Company reasonable may require in connection with such registration. The Warrants and the rights and obligations of the Participant under the Warrants Agreement are personal and may not be sold, transferred, pledged, or agreed or assigned in any way. [NAME OF PARTICIPANT] (the "Participant") is hereby granted warrants to subscribe shares in Cloudberry Clean Energy ASA (the "Company"), on the terms and conditions set out in this allocation letter (the "Allocation Letter") and in the Warrants Terms (as defined below). This Allocation Letter and the warrants terms attached hereto (the "Warrant Terms") together constitute the warrants agreement between the Company and the Participant (the "Warrant Agreement").
Miscellaneous. The Employer agrees that the function of supervisors is the supervision of Employees and not the performance of the work of the Employees they supervise. The Union agrees that the Employer must train Employees and must prevent service failures. The employer shall make reasonable efforts to maintain a sufficient workforce to staff its operations with bargaining unit employees. Accordingly, the parties agree that supervisors will not perform the work of Employees they supervise except during training, demonstration, and safety education; and supervisors will not perform Union member’s work until all efforts have been exhausted to have the work covered by Union Employees of United Parcel Service. The Employer also agrees that supervisors shall not perform bargaining unit work in preparing the work areas before the start of the Employer’s hub, preload or reload operation, nor shall the Employer send any bargaining unit employee home and then have such employee’s work perform by a supervisor. If an aggrieved employee proves at any step of the grievance procedure that a supervisor performed bargaining unit work in violation of the supervisor’s working provisions in this Agreement under which the employee is entitled to be paid, he will be provided the following remedy: If such work amounts to less than two (2) hours, the aggrieved employee will be paid the actual hours worked by the supervisor at the rate of double time. If the supervisor’s work exceeds two (2) hours, the aggrieved employee will be paid four (4) hours or actual hours worked at the rate of double time whichever is greater. Any payments shall be at the grievant’s rate of pay. Such remedy shall be in addition to any other remedies sought by the Union in the applicable grievance procedure. The parties agree that the principle of a fair day’s work for a fair day’s pay shall be observed at all times and employees shall perform their duties in a manner that best represents the Employer’s interest. The Employer shall not in any way intimidate, harass, coerce, or overly supervise any employee in the performance of his duties. The Employer shall not retaliate against employees for exercising rights under this Agreement. In considering any grievance alleging retaliation for exercising his rights under the Agreement, the severity and timing of the Employer’s actions that modify an employee’s work assignment or reprimand employees shall be relevant factors to a determination of motivation. The Employer will ...
Miscellaneous. 18.1 If one of the provisions of these Terms and Conditions and the further contracts reached should be or become ineffective, this shall not affect the validity of the remainder of the Terms and Conditions. The contracting parties are obliged to replace the ineffective provision by a ruling approximating most closely the economic success intended by the ineffective provision.