Definitions and Exclusions Sample Clauses

Definitions and Exclusions a. A grievance is defined as an allegation by a faculty member, a group of faculty members, or the AAUP-FA that there has been (i) a breach, misinterpretation or improper application of the terms of this Agreement; or (ii) an arbitrary or discriminatory application of or a failure to act pursuant to this Agreement, the University Statutes, and practices of the Administration, related to the terms and conditions of employment.

Definitions and Exclusions. For purposes of this Agreement, “Inventions” means all systems, procedures, techniques, manuals, data bases, plans, lists, inventions, trade secrets, copyrights, patents, trademarks, discoveries, innovations, concepts, ideas and software conceived, compiled or developed by Employee in the course of his employment with the Company or any of its Affiliates and/or comprised, in whole or part, of Confidential Information. Notwithstanding the foregoing, Inventions shall not include: (i) any inventions independently developed by Employee and not derived, in whole or part, from any Confidential Information or (ii) any invention made by Employee prior to his exposure to any Confidential Information.

Definitions and Exclusions. Party" means each of Disclosing Party or Receiving Party individually and "Parties" means Disclosing Party and Receiving Party collectively. “Confidential Information” means any and all information of, or concerning, the Disclosing Party obtained by the Receiving Party or to which the Receiving Party has direct or indirect access, whether marked as confidential or not, in any and all forms, formats or media, including information obtained from representatives of the Disclosing Party, oral or other transitory means, unless expressly and specifically indicated at the time of disclosure to be non-confidential. Confidential Information shall include but is not limited to: all corporate matters, all business matters and operations (past, present, future, contingent or otherwise), all plans, all negotiations, all legal matters, all regulatory matters, all trade secrets, know-how, computer programs, mathematical formulae, theories, techniques, procedures, processes, strategies, methods, systems, designs, the identity of, and all information concerning, financiers, partners, joint-ventures, alliances, affiliates, customers, suppliers, service providers, consultants, advisers, development models and information, methods and sources, marketing and sales information, all information received from others that the Disclosing Party is obligated to treat as confidential or proprietary, and any and all other information that together with all other available information would be material to the Disclosing Party. Notwithstanding the foregoing, Confidential Information shall exclude information that: (i) was lawfully in the public domain at the time of disclosure; (ii) lawfully becomes part of the public domain after disclosure through no fault of the Receiving Party; (iii) was already in the Receiving Party’s possession free of any confidentiality obligation at the time of disclosure; (iv) was received after disclosure to the Receiving Party from a third party who had a lawful right to disclose such information without any obligation to restrict its further use or disclosure; or (v) was developed by the Receiving Party independently of, and without exposure to, the Disclosing Party’s Confidential Information. All Confidential Information is provided “as is.” Disclosing Party makes no warranties, express, implied or otherwise, regarding the accuracy, completeness or performance or its Confidential Information.

Definitions and Exclusions a. A grievance is defined as an allegation by a faculty member, a group of faculty members, or the AAUP-FA that there has been (i) a breach, misinterpretation or improper application of the terms of this Agreement; or (ii) an arbitrary or discriminatory application of or a failure to act pursuant to this Agreement, the University Statutes, and practices of the Administration, related to the terms and conditions of employment. b. The term "grievance" shall not include: (i) Complaints relating to the merits of the "Removal or Suspension" of faculty members which matters are governed exclusively by Article 10 of the University Statutes; (ii) Complaints relating to the merits of appointment, reappointment, promotion, academic freedom and tenure, which matters are governed by the University Statutes and practices of the Administration; (iii) Complaints by a Department Chairperson on the Chairperson's own behalf exclusively concerning duties of the Chairperson which shall be set forth in the University Statutes; (iv) Complaints relating to the provisions of paragraph 21.07 of this Agreement; (v) Complaints relating to the removal of a Department Chairperson which matters are governed exclusively by Article 10 of the University Statutes; (vi) Complaints as to the interpretation of any provision of this Agreement that has previously been determined by an arbitrator; and (vii) Any other complaint which is not a grievance as defined above. c. All of the aforesaid complaints shall be resolved pursuant to the University Statutes and practices of the Administration. Except with regard to matters referred to in paragraph 21.07 of this Agreement, no individual faculty member or members may seek to enforce any alleged breach of the provisions of this Agreement, whether or not such alleged breach be deemed a "grievance" or a "complaint," in any court of law or equity. d. A grievance, with the exception of grievances when presented to a Department Chairperson, must be stated in writing setting forth the basis therefor, and the remedy requested. Grievances may be filed by a faculty member personally on the faculty member's behalf, or by the AAUP-FA on its behalf, or by the AAUP-FA at the request of a faculty member on his/her behalf.

Definitions and Exclusions. A. A disciplinary action is defined as warning letter, reprimand, or suspension of fourteen (14) calendar days or less. B. Adverse actions are removals, suspensions of more than 14 calendar days, reduction in pay or grade, or furloughs of 30 calendar days or less. C. Procedures covering the discharge of Employees during the probationary period and termination of Employees on temporary appointments are described in Article 19, Temporary, Probationary, and Part Time Employees. Such actions are not covered by the procedures contained in this Article.

Definitions and Exclusions. 6.01 Notwithstanding the provisions of Article 3.01, casual employees, volunteers, sponsored executives and students are not covered by this Agreement. Volunteers: A volunteer is a person who offers his/her service to the Employer of his/her own free will, and who is neither on the payroll of the Employer, nor entitled to compensation for such service.

Definitions and Exclusions. By virtue of this Agreement, the Parties may be given access to each other’s confidential information (hereafter “Confidential Information”). The Provider’s Confidential Information includes, without limitation, all commercial and technical information relating to the Service, as well as methods, processes and know-how relating to the Service, and any software used in relation to the Service, whether in source or executable code, documentation, non-public financial information, pricing other than pricing publicly disclosed on the Provider’s website or on other websites where the Service is advertised or sold, business plans, techniques, methods, processes, and the results of any performance tests of the Service. The Customer’s Confidential Information includes, without limitation, the access details to the User Accounts and to the Service and the Incoming Data. Confidential Information shall not include information that: a) is or becomes publicly known through no act or omission of the receiving party, b) was in the receiving party’s lawful possession prior to the disclosure, or c) is independently discovered by the receiving party, with the party being able to prove the independence of such a discovery in writing.

Definitions and Exclusions. By virtue of this Agreement, the parties may have access to each other’s confidential information (“Confidential Information”). The Provider’s Confidential Information includes, without limitation, all the commercial and technical information relating to the Roivenue Service and the Measure Code, methods, processes and know-how relating to the Roivenue Service, and any software used in relation to the Roivenue Service, whether in source or executable code, documentation, non-public financial information, pricing other than pricing publicly disclosed on the Provider’s website, business plans, techniques, methods, processes, and the results of any performance tests of the Roivenue Service. The Customer’s Confidential Information includes, without limitation, the access details to the User Accounts and to the Roivenue Service and the Incoming Data. Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of the receiving party; (b) was in the receiving party’s lawful possession prior to the disclosure; or (c) is independently developed by the receiving party, which independent development can be shown by written evidence.

Definitions and Exclusions. For the purpose of this subclause “employee’s immediate family” means any of the following: