Item 4 Sample Clauses

Item 4. The arbitrator so selected will confer with the representatives of the Union and the City, and will issue his/her decision, award and reasons therefore, not later than thirty

Item 4. Notify CONSULTANT of any known or potential health or safety hazards existing at or near project or work sites. Provide access to and/or obtain permission for CONSULTANT to enter upon all CITY properties, and provide assistance with access to properties not owned by the CITY as required to perform and complete the Services.

Item 4. Except to the extent that there is contained in this Agreement an express and specified provision to the contrary, the City retains, whether exercised or not, all of the authority, power, rights, jurisdiction, and responsibility provided by the Laws of the Commonwealth of Massachusetts to such City for the control, direction and management of the City and its work force, including but not limited to: The right to manage the affairs of the City and of the Department and to maintain and improve the efficiency of its operation; to determine the methods, means, processes, and personnel by which operations are to be conducted; to determine and schedule hours of duty consistent with the statutes and ordinances and collective bargaining agreement of the City and the assignment of bargaining unit employees to work; to require from each bargaining unit employee the efficient utilization of his/her service; to hire, promote, assign and retain bargaining unit employees; and to promulgate and support rules and regulations pertaining to the operations of the Department and to the bargaining unit employees.

Item 4. The Arbitrator so selected will confer with the representatives of the Union and the City, and will issue his/her decision, award, and reasons therefore, not later than thirty (30) days from the date of the close of hearings, or, if all the hearings have been waived, then twenty (20) days from the day the final statements have been submitted to him. The Arbitrator will be without power or authority to make any decision or award that violates the Common Law, or Statutory Law of the Commonwealth, or any rules and regulations promulgated pursuant thereto. The Arbitrator shall be without power to add or to subtract from the terms of this Agreement. The Arbitrator shall be without power to require the commission of any act prohibited by Law, or which violates any terms of this Agreement. The Arbitrator will be without power or authority to render any award or decision concerning any matter which is excluded from the Grievance & Arbitration Procedure of the Contract. The Arbitrator will be without power or authority to make any decision or award concerning any matter or grievance which occurred or failed to occur prior to the first day of July, 1987. The decision of the Arbitrator will be final and binding except for review and confirmation as provided by the provisions of Chapter 150C of the General Laws.

Item 4. 16(a) of the Company Letter lists the following contracts to which, as of the date hereof, the Company or any of its Subsidiaries is a party or by which any them is bound: (i) any Contract that is filed or would be required to be filed by the Company as a material contract pursuant to Item 601(b)(10) of Regulation S-K of the SEC; (ii) any Contract that purports to limit the rights of the Company or any Subsidiary of the Company to compete with any Person or in any line of business, industry or geographical area or to offer, sell, supply or distribute any service or product, in each case, material to the business of the Company and its Subsidiaries, taken as a whole; (iii) any indenture, credit agreement, loan agreement, security agreement, guarantee, note, mortgage or other evidence of Indebtedness, or commitments (including revolving commitments) in respect of Indebtedness, providing for borrowings in excess of $15,000,000 (other than Indebtedness owed by the Company to any of its Subsidiaries or any of its Subsidiaries to the Company or another of the Company’s Subsidiaries) and any Contract relating to any conditional sale arrangements, obligations secured by a Lien or interest rate or currency hedging activities, in each case, in connection with which the aggregate actual or contingent obligations of the Company and its Subsidiaries under such Contract are greater than $15,000,000; (iv) other than pursuant to the Company Stock Plans, the Deferred Compensation Plan and other than this Agreement, any Contract for the sale of any of its assets or capital stock or equity interests involving outstanding obligations in excess of $10,000,000; (v) any Contract for the acquisition (directly or indirectly, by merger or otherwise) of any business or business division, capital stock or equity interests of another Person after the date hereof for aggregate consideration in excess of $10,000,000; (vi) other than pursuant to the Company Stock Plans or the Deferred Compensation Plan, any Contract that contains a put, call, right of first refusal or similar right pursuant to which the Company or any Subsidiary would be required to purchase or sell, as applicable, any ownership interests of any Person; (vii) material customer Contracts with the ten largest customers of the Company and its Subsidiaries, taken as a whole, as measured by revenues during the fiscal year ended December 31, 2005; (viii) any acquisition Contract pursuant to which the Company or any of its Subs...

Item 4. A. of the Lease, entitled “Term”, shall be amended to read: The Term of this Lease shall begin on August 13, 2014 and shall end on August 12, 2017. Tenant shall have the right, privilege and option to renew the Term of the Lease for two (2) additional one year periods (“Renewal Period”) upon and under all other terms, covenants and conditions, hereof. Written notice of the intent to exercise any Renewal Period must be delivered by Tenant to Landlord at least two (2) months prior to the expiration of the then current term.

Item 4. 1.1, Clause Four, of the agreement amended hereby shall become effective as of the execution hereof with the following wording: 4.1.1 Acquire from BR DISTRIBUIDORA, from the effective date until the termination hereof a hundred percent (100%) of the consumption of aviation kerosene in all airports where BR DISTRIBUIDORA maintains aircraft fueling facilities; CLAUSE SIX 6.1 Items 11.2, 11.2.1, 11.2.2, 11.2.3, 11.2.4, and 11.3 shall be added to Clause Eleven, and is hereby effective with the following wording:

Item 4. Upon termination, resignation or retirement the annual allotment of personal time for the year in which the bargaining unit member’s employment ends shall be prorated monthly from the date the bargaining unit member’s employment ends.

Item 4. 15(j) of the Disclosure Letter lists each management agreement pursuant to which any third party manages or operates any Company Property or material portion thereof on behalf of the Company or any of its Subsidiaries or any Primarily Controlled Company (other than parking management agreements that are terminable with 30 days notice), and describes the property that is subject to such management agreement, the Company or its Subsidiary that is a party, the date of such management agreement and each material amendment, guaranty or other agreement binding on the Company or any of its Subsidiaries or any Primarily Controlled Company and relating thereto (collectively, the “Management Agreement Documents”). True, correct and complete copies of all Management Agreement Documents have been made available to the Purchaser Parties. Each of the Management Agreement Documents is valid, binding and in full force and effect as against the Company or its applicable Subsidiary or the applicable Primarily Controlled Company and, to the Company’s Knowledge, as against the other party thereto. Notwithstanding the foregoing, the representations contained in this clause (j), to the extent they relate to Company Properties, do not apply to Company Properties of Partially Controlled Companies.