FACILITATIVE PROVISION Sample Clauses

A facilitative provision is a contractual clause designed to enable or support certain actions or arrangements between the parties, without imposing strict obligations. Typically, such provisions grant permissions, outline procedures, or suggest best practices that parties may follow, such as allowing for optional extensions of deadlines or providing mechanisms for mutual cooperation. The core function of a facilitative provision is to offer flexibility and encourage collaboration, helping parties adapt to changing circumstances without breaching the contract.
POPULAR SAMPLE Copied 2 times
FACILITATIVE PROVISION. In exceptional circumstances, and to meet unanticipated operational and business needs not otherwise accommodated by this Agreement, the Companies party to this Agreement may, following consultation with the Association, implement reasonable special arrangements about the manner in which a particular clause of this Agreement is to operate at the workplace level in relation to particular employees, provided that any such special arrangements will not result, on balance, in a reduction in the overall terms and conditions of employment of the affected employees and will not contain unlawful or discriminatory terms within the meaning of sections 194 and 195 of the Fair Work ▇▇▇ ▇▇▇▇ (Cth). Examples of such special arrangements is the provision of economy seating on A330-200 due to no horizontal rest module on aircraft. The terms of the special arrangement will be recorded by the Company and provided on request within seven days of the special arrangement being made.
View SourceView Similar (3)
FACILITATIVE PROVISION. To meet the needs of the enterprise, the Company and the Association may agree upon details of the manner in which a particular clause of this Agreement is to operate at the workplace level in relation to particular employees. That is, the intention of this clause 9 is not to allow for variation for the Agreement but rather to enable agreement to be reached about the details of the manner in which a particular clause of the Agreement is to operate at the workplace level. Where agreement between the Company and the Association is reached, the Company may work employees at such times and under such circumstances as required. Provided that agreed arrangements will not result, on balance, in a reduction in the overall terms and conditions of employment of the affected employees under the relevant award and will not contain unlawful or discriminatory terms within the meaning of sections 194 and 195 of the Fair Work Act 2009 (Cth).
View Source
FACILITATIVE PROVISION. Notwithstanding the other provisions of this clause, the method of payment of any or all disability payments and allowances contained in subclause 21.1, 21.2 or 21.3 may be varied by agreement between an employer and the majority of affected employees, in accordance with subclause 8.3 of this award.
View SourceView Similar (2)
FACILITATIVE PROVISION. In exceptional circumstances, and to meet unanticipated changing operational and business needs, the Companies party to this Agreement may, following consultation with the Association, implement reasonable special arrangements notwithstanding any specific provisions within this Agreement. Examples of such special arrangements are the dispensation on LAX JFK sector to exceed 14 hours multi sector due to commercial reasons, or the A330-200 horizontal rest dispensation due to no horizontal rest module on aircraft. The terms of the special arrangement will be recorded by the Company and provided on request within seven days of the special arrangement being made.
View SourceView Similar (2)
FACILITATIVE PROVISION. 14.1 Where any terms of this Agreement provide for changes by “agreement” between the parties to this Agreement, this means unanimous agreement of VARA and the Unions referred to in clause 3 above. 14.2 Where any terms of this Agreement provide for changes by agreement of the WRC, this means approval from VARA, SALPA, the AFAP and TWU. 14.3 Any agreements between the parties to this Agreement or the WRC will be recorded in writing, signed by all parties and accessible on the Virgin Australia Group intranet.
View Source
FACILITATIVE PROVISION. 6.1 To meet the needs of the enterprise, the Company and the Association may agree upon details of the manner in which a particular clause of this Agreement is to operate at the workplace level in relation to particular flight attendants. That is, the intention of this clause is not to allow for variation of the Agreement but rather to enable agreement to be reached about the details of the manner in which a particular clause of the Agreement is to operate at the workplace level. 6.2 Where agreement between the Company and the Association is reached, the Company may work flight attendants at such times and under such circumstances as required. Agreed arrangements will not result, on balance, in a reduction in the overall terms and conditions of employment of the affected employees under the relevant award and will not contain unlawful or discriminatory terms within the meaning of sections 194 and 195 of the Act.
View Source
FACILITATIVE PROVISION. Notwithstanding clause 22, Hours of Work, in particular sub-clause 22.
View Source
FACILITATIVE PROVISION. 9.1 To meet unanticipated changes to flying destinations and schedules, Virgin Australia may, following agreement with the Unions, implement a special scheduling agreement which require arrangements which are not possible or exceed the limits outlined in this Agreement. The terms of the special scheduling agreement will be documented by Virgin Australia and promptly made available to Team Members. 9.2 For the avoidance of doubt, nothing in this clause affects or prevents Virgin Australia from reviewing or altering operating schedules in accordance with the provisions of this Agreement and any applicable FRMS.
View Source

Related to FACILITATIVE PROVISION

  • OPERATIVE PROVISIONS In consideration of the disclosure of Proprietary Information by the Disclosing Party, the Receiving Party hereby agrees: (i) to hold the Proprietary Information in strict confidence and to take all reasonable precautions to protect such Proprietary Information (including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials), (ii) not to disclose any such Proprietary Information or any information derived therefrom to any third person, (iii) not to make any use whatsoever at any time of such Proprietary Information except to evaluate internally its relationship with the Disclosing Party, and (iv) not to copy or reverse engineer any such Proprietary Information. The Receiving Party shall procure that its employees, agents and sub-contractors to whom Proprietary Information is disclosed or who have access to Proprietary Information sign a nondisclosure or similar agreement in content substantially similar to this Agreement

  • Administrative Provisions (a) Replies to grievances at Step 2 of the grievance procedure and notification to arbitrate shall be by certified mail, courier or by facsimile. (b) Grievances, replies, and notification shall be deemed to have been presented on the date on which they were verifiably transmitted, and received on the date they were delivered to the appropriate office of the Employer or the Union.

  • Interpretative Provisions (a) All terms used herein which are defined in Article 1, Article 8 or Article 9 of the UCC shall have the meanings given therein unless otherwise defined in this Agreement. (b) All references to the plural herein shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires. (c) All references to the Parent Borrower, a Co-Borrower, Guarantor, Agent and Lenders pursuant to the definitions set forth in the recitals hereto, or to any other person herein, shall include their respective successors and permitted assigns. All references to statutes and related regulations shall include any amendments of same and any successor statutes and regulations. All references to any of the Financing Agreements shall include any and all amendment or modifications thereto and any and all restatements, extensions or renewals thereof. (d) The words “hereof,” “herein,” “hereunder,” “this Agreement” and words of similar import when used in this Agreement shall refer to this Agreement as a whole and not any particular provision of this Agreement and as this Agreement now exists or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced. (e) The word “including” when used in this Agreement shall mean “including, without limitation” and the word “will” when used in this Agreement shall be construed to have the same meaning and effect as the word “shall.” (f) All references to the term “good faith” used herein when applicable to Agent or any Lender shall mean, notwithstanding anything to the contrary contained herein or in the UCC, honesty in fact in the conduct or transaction concerned. The Loan Parties shall have the burden of proving any lack of good faith on the part of Agent or any Lender alleged by any Loan Party at any time. (g) Any accounting term used in this Agreement shall have, unless otherwise specifically provided herein, the meaning customarily given in accordance with GAAP, and all financial computations hereunder shall be computed, unless otherwise specifically provided herein, in accordance with GAAP as consistently applied and using the same method for inventory valuation as used in the preparation of the financial statements of the Loan Parties most recently received by Agent on or prior to the Escrow Release Date and without including the effect of any changes to lease accounting that requires the assets and liabilities arising under operating leases to be recognized in any statement of financial position. Notwithstanding anything to the contrary contained in GAAP or any interpretations or other pronouncements by the Financial Accounting Standards Board or otherwise, the term “unqualified opinion” as used herein to refer to opinions or reports provided by accountants shall mean an opinion or report that is unqualified as to going concern or the scope of the audit. (h) In the computation of periods of time from a specified date to a later specified date, the word “from” shall mean “from and including,” the words “to” and “until” each mean “to but excluding” and the word “through” shall mean “to and including.” (i) Unless otherwise expressly provided herein, (i) references herein to any agreement, document or instrument shall be deemed to include all subsequent amendments, modifications, supplements, extensions, renewals, restatements or replacements with respect thereto, but only to the extent the same are not prohibited by the terms hereof or of any other Financing Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, recodifying, supplementing or interpreting the statute or regulation. (j) The captions and headings of this Agreement are for convenience of reference only and shall not affect the interpretation of this Agreement. (k) This Agreement and other Financing Agreements may use several different limitations, tests or measurements to regulate the same or similar matters. All such limitations, tests and measurements are cumulative and shall each be performed in accordance with their terms. (l) This Agreement and the other Financing Agreements are the result of negotiations among and have been reviewed by counsel to Agent and the other parties, and are the products of all parties. Accordingly, this Agreement and the other Financing Agreements shall not be construed against Agent or Lenders merely because of Agent’s or any Lender’s involvement in their preparation.

  • Protective Provisions In addition to any vote required by the General Corporation Law, other applicable law, the Certificate of Incorporation, or this Certificate of Designations, for so long as any of the shares of Series A Preferred Stock shall remain outstanding, the Corporation shall not, either directly or indirectly by amendment, merger, consolidation or otherwise, take any of the following actions, including whether by merger, consolidation or otherwise, without (in addition to any other vote required by the General Corporation Law, other applicable law, the Certificate of Incorporation, or this Certificate of Designations), the written consent or affirmative vote of the Holders of at least a majority of the then outstanding shares of Series A Preferred Stock voting as a separate class to: (i) authorize, create, or increase the authorized amount of, or issue any class or series of Senior Stock, or reclassify or amend the provisions of any existing class of securities of the Corporation into shares of Senior Stock; (ii) authorize, create or issue any stock or debt instrument or other obligation that is convertible or exchangeable into shares of its Senior Stock (or that is accompanied by options or warrants to purchase such Senior Stock); (iii) amend, alter or repeal any provision of the Certificate of Incorporation or this Certificate of Designations, in either case, in a manner that materially adversely affects the special rights, preferences, privileges or voting powers of the Series A Preferred Stock; (iv) declare or pay any dividends or other distributions in cash or property with respect to its Common Stock or other Junior Stock; (v) redeem, repurchase or acquire shares of its Common Stock or other Junior Stock (other than with respect to customary repurchase rights or tax withholding arrangements with respect to equity awards or benefit plans); or (vi) redeem, repurchase, recapitalize or acquire shares of its Parity Stock other than (A) pro rata offers to purchase all, or a pro rata portion, of the Series A Preferred Stock and such Parity Stock, (B) as a result of a reclassification of Parity Stock for or into other Parity Stock or Junior Stock, (C) the exchange or conversion of Parity Stock for or into other Parity Stock or Junior Stock or (D) the purchase of fractional interests in shares of Parity Stock pursuant to the conversion or exchange provisions of such Parity Stock or the security being converted or exchanged.

  • Other Interpretative Provisions With reference to this Agreement and each other Loan Document, unless otherwise specified herein or in such other Loan Document: (a) The definitions of terms herein shall apply equally to the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” Unless the context requires otherwise, (i) any definition of or reference to any agreement, instrument or other document (including any Organization Document) shall be construed as referring to such agreement, instrument or other document as from time to time amended, supplemented or otherwise modified (subject to any restrictions on such amendments, supplements or modifications set forth herein or in any other Loan Document), (ii) any reference herein to any Person shall be construed to include such Person’s successors and assigns, (iii) the words “herein,” “hereof” and “hereunder” and words of similar import when used in any Loan Document shall be construed to refer to such Loan Document in its entirety and not to any particular provision thereof, (iv) all references in a Loan Document to Articles, Sections, Exhibits and Schedules shall be construed to refer to Articles and Sections of, and Exhibits and Schedules to, the Loan Document in which such references appear, (v) any reference to any Law shall include all statutory and regulatory provisions consolidating, amending, replacing or interpreting such Law and any reference to any law or regulation shall, unless otherwise specified, refer to such Law or regulation as amended, modified or supplemented from time to time and (vi) the words “asset” and “property” shall be construed to have the same meaning and effect and to refer to any and all tangible and intangible assets and properties, including cash, securities, accounts and contract rights. (b) In the computation of periods of time from a specified date to a later specified date, the word “from” means “from and including,” the words “to” and “until” each mean “to but excluding” and the word “through” means “to and including.”