Environmental Protection (i) Except as set forth in Schedule 9 attached hereto, neither the Borrower nor any of its Restricted Subsidiaries nor any of their respective Real Property or operations are subject to any outstanding written order, consent decree or settlement agreement with any Person relating to (A) any Environmental Law, (B) any Environmental Claim or (C) any Hazardous Materials Activity;
(ii) Neither the Borrower nor any of its Restricted Subsidiaries has received any letter or written request for information under Section 104 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9604) or any comparable state law;
(iii) There are no and, to the Borrower’s knowledge, have been no conditions, occurrences, or Hazardous Materials Activities which could reasonably be expected to form the basis of an Environmental Claim against the Borrower or any of its Restricted Subsidiaries that, individually or in the aggregate, could reasonably be expected to have a Materially Adverse Effect;
(iv) Neither the Borrower nor any of its Restricted Subsidiaries, nor, to the Borrower’s knowledge, any predecessor of the Borrower or any of its Restricted Subsidiaries has filed any notice under any Environmental Law indicating past or present Release of Hazardous Materials on any Real Property, and neither the Borrower nor any of its Restricted Subsidiaries’ operations involves the generation, transportation, treatment, storage or disposal of hazardous waste (other than hazardous waste generated in the ordinary course of business, and which is not reasonably likely to materially adversely affect the Real Property or have a Materially Adverse Effect), as defined under 40 C.F.R. Parts 260-270 or any state equivalent; and
(v) Compliance with all current requirements pursuant to or under Environmental Laws will not, individually or in the aggregate, have a reasonable possibility of giving rise to a Materially Adverse Effect. Notwithstanding anything in this Section 4.1(z) to the contrary, to the knowledge of Borrower or any of its Restricted Subsidiaries, no event or condition has occurred or is occurring with respect to the Borrower or any of its Restricted Subsidiaries relating to any Environmental Law, any Release of Hazardous Materials, or any Hazardous Materials Activity which individually or in the aggregate has had or could reasonably be expected to have a Materially Adverse Effect.
Call Protection In the event all or any portion of the Loans (i) are repaid, prepaid, effectively refinanced or repriced pursuant to subsection 3.4 (other than subsection 3.4(b)(iii), 3.4(b)(iv), 3.4(c) or 3.4(f)) or through any waiver, consent or amendment (in connection with any waiver, consent or amendment to the Loans directed at, or the result of which would be, the lowering of the effective interest cost or the weighted average yield of the Loans or the incurrence of any debt financing having an effective interest cost or weighted average yield that is less than the effective interest cost or weighted average yield of the Loans) including, in each case, in connection with any exercise of the Borrower’s right to replace any Lender in accordance with subsection 3.12(c)) or (ii) become due and payable pursuant to subsection 8.1, in each case on or prior to September 27, 2014, such repayments, prepayments, refinancings or repricings will be made with a prepayment premium in an amount (the “Yield Maintenance Amount”) equal to the present value of the sum of (x) the Applicable Margin that would have been payable for the Eurodollar Rate applicable to the Loans plus (y) the greater of (1) the Eurodollar Rate “floor” (i.e. 1.25%) and (2) the Eurodollar Rate (assuming an Interest Period of three months in effect on the date on which the applicable notice of repayment, prepayment, repricing or refinancing is given), in each case calculated as a rate per annum on the amount of the principal of such Loans repaid, prepaid, refinanced or repriced from the date of such repayment, prepayment, refinancing or repricing until September 27, 2014 plus (z) the prepayment premium on the amount of the principal of such Loans repaid, prepaid, refinanced or repriced that would have been payable on such Loans had such repayment, prepayment, refinancing or repricing been made after September 27, 2014 but on or prior to September 27, 2015 (in each case, computed on the basis of actual days elapsed over a year of 360 days and using a discount rate equal to the Treasury Rate as of such prepayment date plus 50 basis points). After September 27, 2014, such repayments, prepayments, refinancings or repricings will be made with a prepayment premium in an amount equal to (x) 102.5% of the principal amount repaid, prepaid, refinanced or repriced if such repayment, prepayment, refinancing or repricing occurs after September 27, 2014, but on or prior to September 27, 2015 and (y) 101% of the principal amount repaid, prepaid, refinanced or repriced if such repayment, prepayment, refinancing or repricing occurs after September 27, 2015 but on or prior to September 27, 2016. No prepayment premium will be required after September 27, 2016.
Legal Protection The insurance covers expenses for lawyers, courts, experts, and witnesses when the owner, user or driver is a party to a dispute concerning the driving of the vehicle covered by this insurance. Such coverage only applies to disputes that arise during the insurance period. Legal aid coverage is a reimbursement scheme, which gives the right to compensation for reasonable and necessary documented expenses in such disputes that are covered by the insurance. The coverage applies to disputes that can be brought before the ordinary courts. The insurance company or Omocom will not in any way participate in or be a party to the dispute. The insured can choose a lawyer or registered legal assistant to assist in the dispute. If there are several parties on the same side in the same dispute, the insurance company or Omocom may demand that they use the same legal assistance. Always contact Omocom before making any commitments relating to a dispute. The insurance company or Omocom must be informed in writing as soon as possible and no later than one year after a dispute has arisen and a lawyer/registered legal assistant has been engaged. The insurance covers a maximum of 20 000 EUR. For disputes against the insurer, legal aid is covered by a maximum of 2 500 EUR. The insurance does not apply for disputes between the owner and the renter.
STUDENT DISCIPLINE AND TEACHER PROTECTION A. The Board recognizes its responsibility to give support and assistance to the teacher with respect to classroom control and discipline. A teacher may use such force as is reasonably necessary to protect him/herself from attack or prevent injury to another student.
B. A teacher bears the primary responsibility for maintaining proper control and discipline in the classroom and understands that all disciplinary actions and methods involved shall be reasonable and just, and in accordance with established Board policy. A teacher may exclude a pupil from one class and send him to the Principal when the grossness of the offense, the persistence of misbehavior, and the disruptive influence of the violation makes the continued presence of the student in the classroom intolerable. It shall be the responsibility of the teacher to report to the Principal the name of any student who in the opinion of the teacher needs particular assistance from skilled personnel. In such cases, the teacher will furnish the Principal full particulars in writing as soon as teaching obligations will allow. Teachers and/or school authorities will endeavor to correct misbehavior through counseling, conferences with student and/or parents.
C. Any case of assault by a teacher shall be promptly reported to the Board and/or its representatives (Principals, Superintendent) and a report form filled out. The Board will take whatever action it deems necessary.
D. Any case of assault on a teacher shall be promptly reported to the Board and/or its representatives. The Board will provide reasonable assistance, including legal counsel when necessary to the teacher in connection with the handling of the incident by law enforcement and judicial authorities.
E. Time lost by a teacher in connection with any incident as mentioned in this article shall not be charged against the teacher providing teacher is free of fault.
F. The Board will reimburse teachers for any loss, damage, or destruction of clothing or personal property of the teacher while involved with school affairs except where teacher is inappropriately dressed for the activity and/or fails to take appropriate safety precautions. The Board will pay up to $100 for damages, loss or destruction provided the teacher has exhausted his/her personal insurance prior to requesting reimbursement.
Personal Protective Clothing 11.1 On commencement of employment with the Employer each employee will be issued with the following;
11.2 Where the employee requires prescription glasses, the Employer shall ensure that appropriate eye protection is issued or where the employee has had his/her glasses hardened, reimburse the employee for the cost, provided that such glasses meet appropriate safety standards.
11.3 The above mentioned equipment will be maintained by the employee and replaced by the Employer on a fair wear and tear basis.
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