EFFECTIVE DATE AND DURATION OF AGREEMENT Subject to ratification by the parties, which both parties agree to recommend to their respective principals: This Agreement shall be effective from the 1st day of November, 2012 and shall be valid until the 31st day of October, 2015, and thereafter from year to year unless a written notice is given by either party within the period of four months immediately preceding the date of expiration of the term of the Collective Agreement, of their desire to terminate this Agreement or negotiate a revision thereof, in which case this Agreement shall remain in effect without prejudice to any retroactive clause of a new Agreement until negotiations for revision or amendments hereto have been concluded and a new Agreement superseding this Agreement has been duly executed. The amendments to the Collective Agreement, unless otherwise agreed, are effective upon the date of ratification by the parties. ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Horejda Grain and General Services Union Viterra Inc. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ Grain and General Services Union Viterra Inc. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Grain and General Services Union Viterra Inc. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Grain and General Services Union Viterra Inc. Employees shall be paid in the following salary ranges according to their job family level. An employee’s pay level within the range for the employee’s job family level will be determined based on the employee’s demonstrated performance. The parties recognize the salary ranges and the salary paid to individual employees are minimums. In the event of job reclassification, employees will be moved into the appropriate job family and be paid in accordance with the corresponding salary range. In cases where employees are being paid a wage/salary below that of the new salary range, they shall be brought up to the minimum of the new salary range. In cases where employees are being paid a wage/salary above that of the new salary range, their salary shall be red circled until such time as their wage/salary is within the salary range, however, they will be provided with a lump sum payment in lieu of their annual wage/salary increase. The Company reserves the right to implement employee retention programs, share purchase programs, incentive plans and market supplement programs in its sole and absolute discretion. $27,862 $ 43,534 $34,613 $ 54,083 $38,792 $ 60,613 $43,400 $ 67,813 $48,652 $ 76,018 $54,545 $ 85,227 $61,082 $ 95,440 $70,834 $110,678 Job Family Levels BSS-2 F0-1 PTAS-1 BSS-3 BSS-4 ▇▇-▇ ▇▇▇▇-▇ ▇▇▇-▇ ▇▇-▇ ▇▇▇▇-▇ ▇▇▇-▇ MGT-1 MGT-2 ▇▇▇▇-▇ ▇▇▇-▇ MGT-3 Accountant PTAS-3 Accountant Trainee PTAS-1 Accounting Analyst BSS-3 Accounting Clerk BSS-2 Accounts Payable Analyst BSS-3 Accounts Payable Clerk BSS-2 Accounts Receivable Analyst BSS-3 Accounts Receivable Supervisor BSS-4 Administration & Logistics Coordinator BSS-2 Administrative Assistant BSS-2 Budgeting & Reporting Clerk BSS-2 IT Business Analyst PTAS-4 Business Consultant PTAS-4 Business Coordinator PTAS-2 Business Intelligence Developer PTAS-4 Business Support Analyst PTAS-3 Business Systems Analyst PTAS-3 Business Systems Programmer PTAS-2 Canteen Operator BSS-1 Carbon Credit Coordinator PTAS-2 Cash Management Analyst PTAS-2 Chief Engineer FOP-3 Collections Coordinator PTAS-2 Commercial Grain Contract Analyst PTAS-1 Commercial Grain Credit Coordinator PTAS-2 Commodity Logistics Coordinator PTAS-2 Computer Operator BSS-2 Container Logistics Coordinator PTAS-2 Contract Administrator PTAS-2 Student FOP-1 Coordinator Production Contracting BSS-3 Credit Analyst PTAS-2 Credit Clerk BSS-1 Customer Account Coordinator PTAS-1 Customer Service Representative BSS-2 Customer Service Supervisor BSS-4 Data Analyst BSS-2 Data Input Operator 11 BSS-1 Database Administrator PTAS-4 Document Management Specialist PTAS-3 Draftsperson PTAS-2 Engineering Technologist PTAS-2 Facility Operator FOP-2 File Clerk BSS-1 Financial Reporting Analyst PTAS-3 Financial Systems Analyst PTAS-3 Foreign Exchange Analyst PTAS-2 General Duty Clerk BSS-1 Grain Inspector II PTAS-1 Grain Inspector III PTAS-2 Legal Coordinator PTAS-2 Leasing Administrator BSS-2 Logistics Coordinator PTAS-2 Logistics Coordinator – Freight Pricing / Analysis PTAS-2 Logistics Coordinator – Multi Modal PTAS-2 Mail & Printing Services Supervisor BSS-4 Marketing & Logistics Coordinator PTAS-1 Marketing Coordinator PTAS-1 Office Clerk BSS-1 IT Operations Analyst PTAS-4 Payroll & Benefit Administrator BSS-3 Pension Accountant PTAS-2 Procurement Specialist PTAS-2 Property Tax Analyst BSS-3 Quality Assurance Analyst PTAS-2 Quality Assurance Analyst II PTAS-3 Quality Control Coordinator PTAS-3 Solutions Architect PTAS-4 Sr. Buyer PTAS-2 Sr. Software Support Specialist PTAS-4 Sr. Customer Support Representative BSS-3 Sr. Customer Support Specialist PTAS-2 Sr. Engineering Technologist – Electrical PTAS-3 Sr. File Clerk BSS-2 Sr. Office Clerk BSS-2 Sr. Quality Assurance Analyst PTAS-3 Sr. Selection & Quality Control Clerk BSS-2 Supervisor Accounts Payable BSS-4 Supply Chain Management Assistant BSS-2 Switchboard/Receptionist BSS-1 Systems Support Desk Operator BSS-3 Technical Services Consultant PTAS-2 Treasury Accounting PTAS-2 Treasury Operations Clerk BSS-2 Truck Freight Specialist PTAS-2 Truck Logistics Administrator BSS-3 Truck Logistics Coordinator PTAS-2 The following adjustments will be made to compensation: 1. Effective November 1, 2012, the Company shall pay an aggregate salary increase to be determined in advance of the annual pay for performance program based on market. This aggregate increase shall be no less than 3%. The aggregate salary increase will be payable to employees covered by this agreement and shall be added to the recipient employees rates of pay. The amounts provided to individual employees will be based on each employee’s demonstrated performance for the previous fiscal year.
ENTRY INTO FORCE AND DURATION OF MOBILITY 2.1 The agreement shall enter into force on the date when the last of the two parties signs.
TERM AND DURATION 4.1 The Company shall commence upon the filing of the Certificate of Formation, and shall continue in full force and effect until May 1, 2024, provided, however, that the Company shall be dissolved prior to such date upon the happening of any of the following events: (a) The mutual written consent of the Members to dissolve the Company. (b) The sale or other divestiture of all or substantially all of the assets of the Company and the distribution of the proceeds thereof to the Members, including real estate or interests held or owned by the Company (other than a transfer to a nominee of the Company for any Company purpose, which event shall not be construed as an event of termination); provided, however, that (i) if the Company receives a purchase money mortgage or other collateral security in connection with such sale, the Company shall continue (A) until such mortgage or security interest is paid in full or otherwise disposed of, or (B) in the event of foreclosure of such mortgage, or security interest provided the Company retains title therein; and (ii) the Company shall continue if the assets of the Company are exchanged under Section 1031 of the Code. (c) Upon the death, retirement, expulsion, bankruptcy or dissolution of a Member or occurrence of any other event that terminates the continued membership of a Member in the Company (a "Dissolution Event") unless the business of the Company is continued by the unanimous consent of the remaining Members within ninety (90) days following the Dissolution Event. (d) The entry of a decree of judicial dissolution under Section 49 of the Act. (e) The happening of any other prior event which pursuant to the terms and provisions of this Operating Agreement shall cause a dissolution or termination of the Company. 4.2 Upon any dissolution of the Company, the distribution of the Company's assets and the winding up of its affairs shall be concluded in accordance with Article 19 of this Operating Agreement.
EFFECTIVE DATE, DURATION AND TERMINATION OF AGREEMENT a. The effective date of this Agreement with respect to each Fund shall be the date set forth on Exhibit A hereto. b. Unless sooner terminated as hereinafter provided, this Agreement shall continue in effect with respect to each Fund for a period of two years from the date of its execution, and thereafter shall continue in effect only so long as such continuance is specifically approved at least annually by (i) the Board of Directors of the Company or by the vote of a majority of the outstanding voting securities of the applicable Fund, and (ii) by the vote of a majority of the directors of the Company who are not parties to this Agreement or "interested persons," as defined in the 1940 Act, of Adviser or of the Company cast in person at a meeting called for the purpose of voting on such approval. c. This Agreement may be terminated with respect to any Fund at any time, without the payment of any penalty, by the Board of Directors of the Company or by the vote of a majority of the outstanding voting securities of such Fund, or by Adviser, upon 60 days' written notice to the other party. d. This agreement shall terminate automatically in the event of its "assignment" (as defined in the 1940 Act). e. No amendment to this Agreement shall be effective with respect to any Fund until approved by the vote of: (i) a majority of the directors of the Company who are not parties to this Agreement or "interested persons" (as defined in the ▇▇▇▇ ▇▇▇) of Adviser or of the Company cast in person at a meeting called for the purpose of voting on such approval; and (ii) a majority of the outstanding voting securities of the applicable Fund. f. Wherever referred to in this Agreement, the vote or approval of the holders of a majority of the outstanding voting securities or shares of a Fund shall mean the lesser of (i) the vote of 67% or more of the voting securities of such Fund present at a regular or special meeting of shareholders duly called, if more than 50% of the Fund's outstanding voting securities are present or represented by proxy, or (ii) the vote of more than 50% of the outstanding voting securities of such Fund.
Retention and Duties (a) The Company hereby engages and employs Executive for the Period of Employment on the terms and conditions expressly set forth in this Agreement. Executive hereby accepts and agrees to such engagement and employment, on the terms and conditions expressly set forth in this Agreement. (b) During the Period of Employment, Executive shall serve as Chief Executive Officer, and shall have the powers, authorities and duties customarily vested in such office in the Company’s industry. (c) During the Period of Employment, Executive shall (i) devote substantially all of his business time, energy and skill to the performance of his duties for the Company, (ii) perform such duties in a faithful, effective and efficient manner to the best of his abilities, and (iii) remain employed with the Company on a full-time basis. Executive agrees to perform his duties and responsibilities within, and subject to, the work hours, attendance and general employment policies and practices, and such other reasonable policies, practices and restrictions as the Company shall from time to time establish for its similarly situated executives, and shall at all times carry out such policies, practices and restrictions. (d) Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement and the performance by Executive of his duties hereunder do not and shall not constitute a breach of, conflict with, or otherwise contravene or cause a default under, the terms of any other agreement or policy to which Executive is a party or otherwise bound or any judgment, order or decree to which Executive is subject; (ii) Executive has no information relating to any other person or entity which would prevent Executive under the terms of any other agreement or arrangement from entering into this Agreement or carrying out his duties hereunder, or would give rise to a violation of such other agreement or arrangement; (iii) Executive is not bound by any employment, consulting, non-competition, confidentiality, trade secret or similar agreement (other than this Agreement) with any other person or entity which would prevent Executive under the terms of any other agreement or arrangement from entering into this Agreement or carrying out his duties hereunder, or would give rise to a violation of such other agreement or arrangement; and (iv) Executive understands the Company will rely upon the accuracy and truth of the representations and warranties of Executive set forth herein and Executive consents to such reliance.