Operations in Absence of Approved Plan Sample Clauses

Operations in Absence of Approved Plan. If the Partners fail to approve a Capital and Operating Plan and Budget prior to the beginning of any calendar year, such that there is no Approved Plan for that year: (a) the Managing Partner shall use its best efforts to ensure that the business of the Partnership is conducted in a manner substantially consistent with the Approved Plan for the prior year (the “Prior Plan”) on a basis that minimizes capital expenditures and that is consistent with prudent mining and engineering practices (such manner of operation being the “Interim Plan”). If, in the good faith determination of the Managing Partner, and subject to Section 5.8, circumstances require a material deviation from the Prior Plan, the Managing Partner shall forthwith convene a Partners’ meeting to obtain, by Special Resolution of the Partners, authorization to deviate materially from the Prior Plan adjusted as contemplated in this Section 5.9(a). (b) The Partnership shall be operated in accordance with the Interim Plan, subject to any material deviations from such plan authorized by a Special Resolution of the Partners, and subject to Section 5.8, until replaced by an Approved Plan or a deemed Approved Plan pursuant to this Section 5.9. (c) For the first three months of any period during which the Partnership is being operated pursuant to an Interim Plan, the Partners shall work in good faith with a view to approving a Capital and Operating Plan and Budget for the remainder of that year (the “Plan Period”). If, after expiry of such three month period, the Partners have not agreed on an Approved Plan for the Plan Period, the Managing Partner, on the one hand, and the directors of Fording GP, other than any such director that is a nominee of Teck or that is not “independent” of Teck within the meaning of MI 52-110 (collectively the “Non-Teck Directors”), on the other hand, shall enter into a period of non-binding mediation of up to nine months (the “Mediation Period”) with a view to resolving the dispute. Upon commencement of the Mediation Period, the parties shall select a mutually acceptable mediator. If the parties to the mediation do not agree on a mediator within ten days after the commencement of such period, either such party may apply to the Alberta Court of Queen’s Bench for the appointment of the mediator. Mediation shall commence forthwith following the appointment of the mediator. (d) After three months of mediation, either the Non-Teck Directors or the Managing Partner shall have the r...
View Source
Operations in Absence of Approved Plan. If the Partners fail to approve a Capital and Operating Plan and Budget prior to the beginning of any calendar year, such that there is no Approved Plan for that year: (a) the Managing Partner shall use its best efforts to ensure that the business of the Partnership is conducted in a manner substantially consistent with the Approved Plan for the prior year (the “Prior Plan”) on a basis that minimizes capital expenditures and that is consistent with prudent mining and engineering practices (such manner of operation being the “Interim Plan”). If, in the good faith determination of the Managing Partner, and subject to Section 5.8, circumstances require a material deviation from the Prior Plan, the Managing Partner shall forthwith convene a Partners’ meeting to obtain, by Special Resolution of the Partners, authorization to deviate materially from the Prior Plan adjusted as contemplated in this Section 5.9(a). (b) The Partnership shall be operated in accordance with the Interim Plan, subject to any material deviations from such plan authorized by a Special Resolution of the Partners, and subject to Section 5.8, until replaced by an Approved Plan or a deemed Approved Plan pursuant to this Section 5.9.
View Source

Related to Operations in Absence of Approved Plan

  • LAY-OFFS AND RECALLS (a) Both parties recognize that job security shall increase in proportion to length of seniority. Therefore, in the event of a lay-off, employees shall be laid off in the reverse order of their bargaining unit-wide seniority. (b) The employer shall meet with the union executive prior to a lay-off to review the seniority list and to discuss the order of lay-off. In addition, the parties will look to identify and implement all reasonable alternatives to the proposed lay-off Note: Where a proposed lay-off results in the subsequent displacement of any member(s) of the bargaining unit, the original notice to the union provided in (a) above shall be considered notice to the union of any subsequent lay-off. 12.02 Employees shall be recalled in the order of their seniority. 12.03 New employees shall not be hired until those laid off have been given an opportunity to recall. 12.04 An employee who accepts lay-off or exercises her/his bumping rights or otherwise secures alternate employment within the Agency following a notice of lay-off shall retain the right to be reinstated in his/her former job if such becomes available within nine (9) months of his/her original notice of lay-off. 12.05 An employee shall be given the right to continue their benefit coverage following lay-off. The employer shall continue to pay its share of such insured benefit premiums for a laid off employee for a period of six (6) months following lay-off, or until the employee has found other employment which includes benefit coverage prior to the end of the six (6) month period. (a) An employee shall have the opportunity of recall from lay-off in order of seniority to the final subsequent vacancy after the job posting provision has been exhausted providing he/she has the ability to perform the work within a reasonable time period, and is qualified. (b) An employee recalled to work in a different classification from which he/she was laid off shall have the privilege of returning to the classification held prior to the lay-off should it become vacant within six (6) months of being recalled. (c) The employer shall notify the employee of recall opportunity by registered mail, addressed to the last address on the record with the employer (which notification shall be deemed to be received on the second day following the date of mailing). The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his/her proper address being on record with the employer. (d) Employees on lay-off shall be given preference for temporary vacancies, which are expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. Further such employee recalled to a temporary vacancy is not entitled to any notice of lay-off at the end of the temporary assignment.

  • Procedure as to Rejected Goods On receipt of notification of rejection, Seller will immediately arrange to receive back the goods for shipment and return. However, within 5 days, Seller may have an agent inspect such goods for nonconformity; otherwise, such inspection will be made on return to Seller's storage facility. When such goods are confirmed or acquiesced in as nonconforming, Seller will ship conforming goods within 30 days of the notice of rejection unless Buyer earlier notifies Seller to forgo such shipment.

  • Performance of Services in Accordance with Regulatory Requirements; Furnishing of Books and Records In performing the services set forth in this Agreement, the Manager: A. shall conform with the 1940 Act and all rules and regulations thereunder, with all other applicable federal, state and foreign laws and regulations, with any applicable procedures adopted by the Trust’s Board of Trustees, and with the provisions of the Trust’s Registration Statement filed on Form N-1A as supplemented or amended from time to time; B. will make available to the Trust, promptly upon request, any of the Fund’s books and records as are maintained under this Agreement, and will furnish to regulatory authorities having the requisite authority any such books and records and any information or reports in connection with the Manager’s services under this Agreement that may be requested in order to ascertain whether the operations of the Trust are being conducted in a manner consistent with applicable laws and regulations.

  • Occupational First Aid Requirements and Courses (a) The Union and the Employer agree that First Aid Regulations, made pursuant to the Workers' Compensation Act shall be fully complied with. (b) Where the Employer requires an employee to perform first aid duties in addition to the normal requirements of the job, the cost of obtaining and renewing the Occupational First Aid Certificate shall be borne by the Employer and leave to take the necessary courses shall be granted with pay. (c) Employees required to possess an Occupational First Aid Certificate and who are designated to act as the First Aid Attendants in addition to their normal job responsibilities shall receive the following allowance on the basis of the Level of certificate which they hold. Level 3 Occupational First Aid Certificate - $51.00 per biweekly period or $110.50 per month Level 2 Occupational First Aid Certificate - $39.00 per biweekly period or $84.50 per month The allowance shall be prorated for partial months. For the purpose of calculating the hourly rate, the biweekly allowance shall be divided by seventy (70); however, no employee shall receive more than the monthly allowance for the Level of certificate they hold. Employees designated to act as the Occupational First Aid Attendant in addition to their normal job duties will receive their full monthly allowance while on approved leave with pay up to ten (10) days or while on vacation leave with pay. Where the Employer has an additional requirement for a First Aid Attendant on a temporary basis, then provided the employee acts as the First Aid Attendant for a minimum of ten (10) workdays in any month, he/she shall receive the full monthly allowance. (1) In order to meet the requirements of (a) above, the Employer will designate in order of seniority from among those regular employees holding an appropriate Occupational First Aid Certificate to act as the First Aid Attendant in addition to the normal requirements of the job. (2) Where no employee within the work unit possesses an Occupational First Aid Certificate, the opportunity to obtain a Certificate will be offered to regular employees within the work unit in order of service seniority, provided the employee can meet the requirements of the WCB regulations to undertake the training in order to obtain an Occupational First Aid Certificate. (3) In the event that the procedures outlined above do not meet the requirements of (a), the Union will assist the Employer to meet their obligations by approaching regular employees in the work unit on behalf of the Employer. (4) Where the requirements of (a) above cannot be met, within a reasonable period of time through utilization of (d)(1),(2) and (3), the Employer may: (i) recall a qualified casual employee in order of seniority from those holding the appropriate Occupational First Aid Certificate, and/or (ii) include an Occupational First Aid Certificate as a desirable qualification on a posting pursuant to Clause 12.2(b). (5) Failing (4) above, the Employer may require the most senior regular employee within the work unit who can meet the requirements of the WCB regulations to undertake Occupational First Aid training in order to obtain a Certificate.

  • Certification Regarding Prohibition of Boycotting Israel (Tex Gov. Code 2271)