Introduction The Texas Health and Human Services Commission ("HHSC") and the Contractor named in Section I (HHSC and Contractor may be referenced in this document collectively as the “Parties” and individually as the “Party") hereby enter into this Community Services Contract - Provider Agreement (the “Contract”) for the provision of services under the Contract type specified in Section I for the considerations set forth herein. The Contract Begin Date specified in Section I is not valid until this Contract is signed by both parties.
Grievance Procedure 11:01 Should a dispute arise between the Employer and the employee regarding the interpretation, application or alleged violation of this Agreement, including any question as to whether a matter is arbitrable or where an allegation is made that this Agreement has been violated, an ▇▇▇▇▇▇▇ effort should be made to settle the dispute in the following manner: STEP 1: An employee having a complaint shall within 7 calendar days of the event giving rise to the complaint, discuss such complaint with their immediate supervisor. The employee may have the accompaniment of a ▇▇▇▇▇▇▇ during this process. Failing a satisfactory resolution, the employee shall follow Step 2. STEP 2: The employee concerned together with his/her ▇▇▇▇▇▇▇ or member of the Grievance Committee shall, within five (5) calendar days following such discussion with his/her supervisor, submit the signed grievance in writing to his/her immediate Manager or Department Head, stating the nature of the grievance, the remedy sought and specify the alleged violation(s) of the Collective Agreement. The Manager or Department Head shall thereupon render a decision in writing within five (5) calendar days following receipt of the grievance. STEP 3: If the decision under Step 2 is unacceptable to the grievor, he/she may, within five (5) calendar days following receipt of such decision, together with his/her ▇▇▇▇▇▇▇ or a member of the Grievance Committee, submit the grievance in writing, to the Director of the area. The Director shall render a decision thereon within five (5) calendar days following receipt of the Grievance. STEP 4: If the decision rendered under Step 3 is unacceptable to the grievor, he/she may, within five (5) calendar days following receipt of the said decision, submit the grievance in writing to the Employee Relations Manager of the Employer. The Employee Relations Manager shall render a decision in writing within five (5) calendar days of receiving the same, except that the Employee Relations Manager shall call a meeting with the Grievance Committee hereinbefore referred to, at which time the grievor may be in attendance if he/she so desires. In the event the Employee Relations Manager shall call such a meeting such meeting will be held within fourteen (14) calendar days from the date upon which the grievance was submitted to the Employee Relations Manager. Further, in the event such meeting is called, the Employee Relations Manager shall within five
MANAGEMENT RIGHTS 3.01 The Union acknowledges that all management rights and prerogatives are vested exclusively with the Employer and without limiting the generality of the foregoing; it is the exclusive function of the Employer: (a) To determine and establish standards and procedures for the care, welfare, safety and comfort of the residents in the facility. (b) To maintain order, discipline and efficiency and in connection therewith to establish and enforce reasonable rules and regulations. (c) To hire, transfer, layoff, schedule, recall, promote, demote, classify, assign duties, discharge, suspend or otherwise discipline employees for just cause, provided that a claim of discriminatory transfer, promotion, demotion of classification or a claim that an employee has been discharged or disciplined without just cause, may be the subject of a grievance and dealt with as hereinafter provided. (d) To have the right to plan, direct, and control the work and direction of employees and the operation of the facility. This includes the right to introduce new and improved methods, facilities, equipment and to control the amount of supervision necessary, work schedules, the combining or splitting up of departments, and the increases or reduction of personnel in a particular area or on the whole. 3.02 The Employer will exercise these rights in a manner consistent with the Collective Agreement and apply the provisions of the Collective Agreement in a reasonable manner.
Notice The undersigned beneficial owner (the “Selling Stockholder”) of Registrable Securities hereby elects to include the Registrable Securities owned by it in the Registration Statement. The undersigned hereby provides the following information to the Company and represents and warrants that such information is accurate:
Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.