AVAILABILITY PROVISION Sample Clauses

AVAILABILITY PROVISION. The parties agree that due to the nature of supplying Medical Laboratory Services to the DHB and the Community that an ‘Availability Provision’ in accordance with section 67D of the Employment Relations Act 2000 is reasonably necessary in all the circumstances.
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AVAILABILITY PROVISION. If an employer wishes to have the ability to require an employee to perform additional hours of work above their agreed minimum hours, the employment agreement must include an "availability provision" which meets the requirements of the ERA. In particular: • the employer must have genuine reasons based on reasonable grounds to include a clause requiring an employee to be available for additional hours • the number of additional hours that the employee is required to be available must be stated in the clause (the employer must have genuine reasons based on reasonable grounds for the number stated), and • the employee must be paid reasonable compensation for making themselves available for those additional hours (irrespective of whether those hours are actually worked). An employee is entitled to turn down or refuse to work any hours which are not guaranteed to them in their employment agreement, or which do not fall within an availability provision which meets the requirements set out above. You will need to make adjustments to this part of the IEA as appropriate.
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AVAILABILITY PROVISION. By mutual agreement between a core group employee and the Employer, a core group employee will leave work or not report for work subject to the following provisions: (a) Employees who are away from work for one day or less must be available to return to work on one hour's notice. (b) Employees who are away from work for more than one day must be available to return to work on one day's notice. (c) Employees will be paid sixty-five percent (65%) of their hourly rate when absent. (d) Employees will be guaranteed a minimum of 1957.5 hours per pay year (annual hours). (e) Overtime hours, (not pay) will be included as part of the annual hours. (f) Employees may choose to use banked CTO or borrow from future CTO to top up to 100% of pay when absent. This top up money will not count toward the annual hours. (g) Pension contributions will be based on a minimum of 1957.5 hours pay per year. (h) Except as stated above, employees will be covered by all the benefits and provisions of the Collective Agreement as though they had been working full-time.
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AVAILABILITY PROVISION. By mutual agreement between a regular employee and the Employer, a regular employee will leave work or not report for work subject to the following provisions: (a) Employees who are away from work for one (1) day or less must be available to return to work on one (1) hour's notice. (b) Employees who are away from work for more than one (1) day must be available to return to work on one (1) day's notice. (c) Employees will be paid sixty-five percent (65%) of their hourly rate when absent. (d) Employees will be guaranteed a minimum of nineteen hundred fifty-seven and one-half (1957½) hours per pay year (annual hours). (e) Overtime hours, (not pay) will be included as part of the annual hours. (f) Employees may choose to use banked CTO or borrow from future CTO to top up to one hundred percent (100%) of pay when absent. This top up money will not count toward the annual hours. (g) Pension contributions will be based on a minimum of nineteen hundred fifty-seven and one-half (1957½) hours pay per year. (h) Except as stated above, employees will be covered by all the benefits and provisions of the collective agreement as though they had been working full-time.
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AVAILABILITY PROVISION. By mutual agreement between a regular employee and his/her shift supervisor, ▇▇▇▇▇▇▇, operations manager, or general manager, a regular employee will leave work or not report for work, subject to the following provisions;
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Related to AVAILABILITY PROVISION

  • FUNDS AVAILABILITY POLICY Our policy is to make funds from your cash and check deposits available to you on the first (1st) business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once deposited funds are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the fifth (5th) business day after the day of your deposit. This rule does not apply at ATMs that we own or operate (proprietary ATMs). All ATMs that we own or operate are identified as our machines. Funds from any deposits (cash or checks) made at proprietary ATMs may not be available until the second (2nd) business day after the day of your deposit. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 6:00 p.m. Pacific Standard Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 6:00 p.m. Pacific Standard Time, or on a day we are not open, we will consider that the deposit was made on the next business day we are open. In some cases, we will not make all of the funds that you deposit by check available to you on the first (1st) business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the fifth (5th) business day after the day of your deposit. However, the first $225 of your deposits will be available on the first (1st) business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the first (1st) business day after the day of your deposit, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice or electronically deliver the notice, if you have agreed to receive notices from us in an electronic format, by the business day after we receive your deposit. If you will need the funds from a deposit immediately, you should ask us when the funds will be available. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: 1. We believe a check you deposit will not be paid. 2. You deposit checks totaling more than $5,000 on any one day. 3. You redeposit a check that has been returned unpaid. 4. You have overdrawn your account repeatedly in the last six (6) months. 5. There is an emergency, such as failure of communications or computer equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh (7th) business day after the day of your deposit.

  • Circumstances Affecting LIBOR Rate Availability In connection with any request for a LIBOR Rate Loan or a conversion to or continuation thereof, if for any reason (i) the Administrative Agent shall determine (which determination shall be conclusive and binding absent manifest error) that Dollar deposits are not being offered to banks in the London interbank Eurodollar market for the applicable amount and Interest Period of such Loan, (ii) the Administrative Agent shall determine (which determination shall be conclusive and binding absent manifest error) that reasonable and adequate means do not exist for the ascertaining the LIBOR Rate for such Interest Period with respect to a proposed LIBOR Rate Loan or (iii) the Required Lenders shall determine (which determination shall be conclusive and binding absent manifest error) that the LIBOR Rate does not adequately and fairly reflect the cost to such Lenders of making or maintaining such Loans during such Interest Period, then the Administrative Agent shall promptly give notice thereof to the Borrower. Thereafter, until the Administrative Agent notifies the Borrower that such circumstances no longer exist, the obligation of the Lenders to make LIBOR Rate Loans and the right of the Borrower to convert any Loan to or continue any Loan as a LIBOR Rate Loan shall be suspended, and the Borrower shall either (A) repay in full (or cause to be repaid in full) the then outstanding principal amount of each such LIBOR Rate Loan together with accrued interest thereon (subject to Section 5.1(d)), on the last day of the then current Interest Period applicable to such LIBOR Rate Loan; or (B) convert the then outstanding principal amount of each such LIBOR Rate Loan to a Base Rate Loan as of the last day of such Interest Period.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • Availability Period The Line of Credit is available between the date of this Agreement and [October 1, 2008,] or such earlier date as the availability may terminate as provided in this Agreement (the "Expiration Date").

  • Borrowing Agency Provisions (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent. (b) The handling of this credit facility as a co-borrowing facility with a borrowing agent in the manner set forth in this Agreement is solely as an accommodation to Borrowers and at their request. Neither Agent nor any Lender shall incur liability to Borrowers as a result thereof. To induce Agent and Lenders to do so and in consideration thereof, each Borrower hereby indemnifies Agent and each Lender and holds Agent and each Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Agent or any Lender by any Person arising from or incurred by reason of the handling of the financing arrangements of Borrowers as provided herein, reliance by Agent or any Lender on any request or instruction from Borrowing Agent or any other action taken by Agent or any Lender with respect to this Section 15.1 except due to willful misconduct or gross (not mere) negligence by the indemnified party (as determined by a court of competent jurisdiction in a final and non-appealable judgment). (c) All Obligations shall be joint and several, and each Borrower shall make payment upon the maturity of the Obligations by acceleration or otherwise, and such obligation and liability on the part of each Borrower shall in no way be affected by any extensions, renewals and forbearance granted to Agent or any Lender to any Borrower, failure of Agent or any Lender to give any Borrower notice of borrowing or any other notice, any failure of Agent or any Lender to pursue or preserve its rights against any Borrower, the release by Agent or any Lender of any Collateral now or thereafter acquired from any Borrower, and such agreement by each Borrower to pay upon any notice issued pursuant thereto is unconditional and unaffected by prior recourse by Agent or any Lender to the other Borrowers or any Collateral for such Borrower’s Obligations or the lack thereof. Each Borrower waives all suretyship defenses.