Modified Provisions Clause Samples
The Modified Provisions clause defines how certain terms or conditions within an agreement are altered from their original form. This clause typically specifies which sections of the contract are being changed, the nature of those changes, and may reference addenda or amendments that detail the modifications. Its core practical function is to ensure that all parties are aware of and agree to any deviations from standard terms, thereby preventing misunderstandings and ensuring that the contract accurately reflects the negotiated agreement.
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Modified Provisions. The parties recognize that circumstances may arise, particularly with discovery and emergency work, where the process set out above may not be practical or possible. However, reasonable effort will be made by the Employer to adhere to the jurisdiction of the United Association.
Modified Provisions. The Union recognizes the Employer's right to charge for board and other existing services. The Employer fixes the charge for board and other existing services in camps at $25.00 per day. This will be applied on the following basis:
Modified Provisions. OF THIS CONSTRUCTION AGREEMENT
Modified Provisions. When an employee is directed to report to a location that involves travelling around a natural barrier, the distance around the natural barrier shall be the shortest distance measured by a series of straight lines. The sum of the distances of these straight lines shall be applied to the ring concept to establish the employee’s travel allowance entitlement. A natural barrier is defined as any obstruction or impediment which creates an unreasonable relationship between the radius kilometers and actual kilometers travelled. The following conditions will apply for employees whose regular residence* is more than radius kilometers from the project:
Modified Provisions. In the event the Union elects to pursue or respond to the jurisdictional dispute at the Ontario Labour Relations Board, the arbitration board panel appointed by the Ontario Labour Relations Board pursuant to the Act is authorized to award damages only in circumstances where the other union(s) involved in the proceedings is (are) not restricted in their ability to claim for damages. However, this clause 3.6 shall not apply where the mis-assignment of work involves the same employer and the same work previously the subject of a jurisdictional dispute before the Ontario Labour Relations Board or the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry. The decision of the panel of the Ontario Labour Relations board will be final and binding upon the parties to this agreement with no further recourse to the Plan on the issue decided by the Ontario Labour Relations Board.
Modified Provisions. If Investor desires to close on the Future Closing Facilities, then the such Facilities shall proceed to close in the same manner and subject to the same terms, conditions and covenants as though they were First Closing Facilities, subject to the provisions of this Agreement.
Modified Provisions. If an employee lives greater than 97 radius kilometers from the project and does not qualify for subsistence allowance under Section 17.2 below, he will receive $32.60 per day travel allowance effective July 1, 2004 ($33.25 effective May 1, 2005, $33.90 effective May 1, 2006, $35.25 effective May 1, 2007, $35.95 effective May 1, 2008, $36.65 effective May 1, 2009) provided he continues to travel greater than 97 radius kilometers for each day worked or reported for. When an employee is directed to report to a location that involves travelling around a natural barrier, the distance around the natural barrier shall be the shortest distance measured by a series of straight lines. The sum of the distances of these straight lines shall be applied to the ring concept to establish the employee's travel allowance entitlement. A natural barrier is defined as any obstruction or impediment which creates an unreasonable relationship between the radius kilometers and actual kilometers travelled. ROOM AND BOARD
Modified Provisions. The following modifications are hereby made to the Agreement:
(A) The following shall be added to the end of Section 1.8 and shall be effective as of June 1, 1998: "(*) Technology includes, but is not limited to, the means to measure the (*). (*) Technology does not include (*) Technology." (*) Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
(B) Section 1.12 is modified as follows:
Modified Provisions. When an employee is directed to report to a location that involves travelling around a natural barrier, the distance around the natural barrier shall be the shortest distance measured by a series of straight lines. The sum of the distances of these straight lines shall be applied to the ring concept to establish the employee's travel or subsistence allowance entitlement. ROOM AND BOARD The following conditions will apply for employees whose regular residence* is more than radius from the project [except as set out in Section An Employer may supply either: free room and board in camp or a good standard of board and lodging within a reasonable distance of a Project; or a subsistence allowance. An Employee may exercise his option not to stay in a camp or accept free room and board. An employee who exercises this option shall receive a subsistence allowance subject to as follows: When an Employee's regular residence is more than radius from a project in the Northern Region, the employee shall be paid a subsistence allowance of for each day worked or reported for. The Northern Region is comprised of the geographic area north of the French River.
Modified Provisions. Notwithstanding Subsection Item A above, when an Employer considers it necessary to shut down a job to avoid the possible loss of human life, because of an emergency situation that could endanger the life and safety of an employee, in such cases, employees will be compensated only for the actual time worked. Inclement Weather Pay