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.
Acceptance of Trusts and Duties The Owner Trustee accepts the trusts hereby created and agrees to perform its duties hereunder with respect to such trusts, but only upon the terms of this Agreement. The Owner Trustee also agrees to disburse all moneys actually received by it constituting part of the Trust Estate upon the terms of this Agreement. The Owner Trustee shall not be answerable or accountable hereunder or under any Basic Document under any circumstances, except (i) for its own willful misconduct or negligence or (ii) in the case of the inaccuracy of any representation or warranty contained in Section 7.03 expressly made by the Owner Trustee. In particular, but not by way of limitation (and subject to the exceptions set forth in the preceding sentence): (a) The Owner Trustee shall not be liable for any error of judgment made by a Trust Officer of the Owner Trustee; (b) The Owner Trustee shall not be liable with respect to any action taken or omitted to be taken by it in accordance with the instructions of the Servicer, the Administrator or any Certificateholder; (c) No provision of this Agreement or any Basic Document shall require the Owner Trustee to expend or risk funds or otherwise incur any financial liability in the performance of any of its rights or powers hereunder or under any Basic Document if the Owner Trustee shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured or provided to it; (d) Under no circumstances shall the Owner Trustee be liable for indebtedness evidenced by or arising under any of the Basic Documents, including the principal of and interest on the Notes; (e) The Owner Trustee shall not be responsible for or in respect of the validity or sufficiency of this Agreement or for the due execution hereof by the Depositor or for the form, character, genuineness, sufficiency, value or validity of any of the Trust Estate, or for or in respect of the validity or sufficiency of the Basic Documents, other than the certificate of authentication on the Trust Certificates, and the Owner Trustee shall in no event assume or incur any liability, duty or obligation to any Noteholder or to any Certificateholder, other than as expressly provided for herein or expressly agreed to in the other Basic Documents; (f) The Owner Trustee shall not be responsible for monitoring the performance of, and shall not be liable for the default or misconduct of the Administrator, the Depositor, the Servicer, the Indenture Trustee or any other Person under any of the Basic Documents or otherwise, and the Owner Trustee shall have no obligation or liability to perform the obligations of the Trust under the Basic Documents other than as set forth in this Trust Agreement; (g) The Owner Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement, or to institute, conduct or defend any litigation under this Agreement or otherwise or in relation to this Agreement or any Basic Document, at the request, order or direction of the Servicer, unless such Servicer has offered to the Owner Trustee security or indemnity satisfactory to it against the costs, expenses and liabilities that may be incurred by the Owner Trustee therein or thereby. The right of the Owner Trustee to perform any discretionary act enumerated in this Agreement or in any Basic Document shall not be construed as a duty, and the Owner Trustee shall not be answerable for other than its negligence or willful misconduct in the performance of any such act; and (h) The Certificateholders agree that during such time as the Owner Trustee is acting at the direction of the Servicer, any fiduciary duties or liabilities of the Owner Trustee to the Certificateholders in connection therewith shall be deemed not to violate any fiduciary duties owed by the Owner Trustee to the Certificateholders. However, in no event shall the Owner Trustee be deemed to owe any fiduciary duties to the Servicer.
Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.
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.
Services and Duties of USBFS USBFS shall provide the following transfer agent and dividend disbursing agent services to the Fund: A. Receive and process all orders for the purchase, exchange, transfer, and/or redemption of Fund shares in accordance with Rule 22c-1 under the 1940 Act, other applicable regulations, and as specified in the Fund's prospectus (the "Prospectus”). B. Process purchase and redemption orders with prompt delivery, where appropriate, of payment and supporting documentation to the shareholder based on the shareholder’s or the Trust’s custodian instructions, and record the appropriate number of shares being held in the appropriate shareholder account. C. Process redemption requests received in good order and, where relevant, deliver appropriate documentation to the Trust's custodian. D. Pay proceeds upon receipt from the Trust's custodian, where relevant, in accordance with the instructions of redeeming shareholders. E. Process transfers of shares in accordance with the shareholder's instructions, after receipt of appropriate documentation from the shareholder as specified in the Prospectus. F. Prepare and transmit payments, or apply reinvestments for income dividends and capital gains distributions declared by the Trust with respect to a Fund, after deducting any amount required to be withheld by any applicable laws, rules and regulations and in accordance with shareholder instructions. G. Serve as the Fund’s agent in connection with systematic plans including, but not limited to, systematic investment plans, systematic withdrawal plans, and systematic exchange plans. H. Make changes to shareholder records, including, but not limited to, address and plan changes (e.g., systematic investment and withdrawal, dividend reinvestment). I. Handle load and multi-class processing, including rights of accumulation and purchases by letters of intent in accordance with the Prospectus. J. Record the issuance of shares of each Fund and maintain, pursuant to Rule 17Ad-10(e) promulgated under the Securities Exchange Act of 1934, as amended (the "Exchange Act"), a record of the total number of shares of each Fund which are authorized, issued and outstanding. K. Prepare ad-hoc reports as necessary at prevailing rates. L. Mail shareholder reports and Prospectuses to current shareholders. M. Prepare and file U.S. Treasury Department Forms 1099 and other appropriate information returns required with respect to dividends and distributions for all shareholders. N. Provide shareholder account information upon shareholder or Trust requests and prepare and mail confirmations and statements of account to shareholders for all purchases, redemptions and other confirmable transactions as agreed upon with the Trust. O. Mail and/or obtain shareholders’ certifications under penalties of perjury and pay on a timely basis to the appropriate federal or state authorities any taxes to be withheld on dividends and distributions paid by the Trust, all as required by applicable federal and state tax laws and regulations. P. Answer correspondence from shareholders, securities brokers and others relating to USBFS’ duties hereunder within required time periods established by applicable regulation. Q. Reimburse the Fund for all material losses resulting from “as of” processing errors for which USBFS is responsible in accordance with the “as of” processing guidelines set forth on Exhibit B hereto. R. Calculate average assets held in shareholder accounts for purposes of paying Rule 12b-1 and/or shareholder servicing fees as directed by a Fund S. Provide service and support to financial intermediaries including but not limited to trade placements, settlements, and corrections.