Optional Starting Time Clause Samples
Optional Starting Time. An optional starting time may be adopted by mutual agreement be- tween the Employer and the majority of the sheet metal workers involved.
Starting Time is the time that employees present themselves at their work- station and not the time that employees are in the amenities or in the car park.
Starting Date Unless a specific (fixed) starting date is duly justified and agreed upon during the preparation of the Grant Agreement, the project will start on the first day of the month following the entry info force of the Grant Agreement (NB : entry into force = signature by the Commission). Please note that if a fixed starting date is used, you will be required to provide a detailed justification on a separate note.
Rain at Starting Time (a) Where the Employees are in the sheds, because they have been rained off, or at starting time, morning tea, or lunch time, and it is raining, they shall not be required to go to work in a dry area or to be transferred to another site unless: (i) the rain stops; or (ii) a covered walkway has been provided; or (iii) the sheds are under cover and the Employees can get to the dry area without going through the rain; or (iv) the distance to walk to the dry area is no more than 50m (or further where agreed by the Parties) in circumstances where the amenities are temporarily located outside of the site boundary, and it is not possible to provide covered walkways. It is acknowledged that some Projects have unique circumstances e.g. council restrictions, health and safety considerations etc. that mean that it is not possible to locate the amenities within the site boundaries for a period of time. On these Projects the parties will consult at a senior level to determine the appropriate temporary measure. It is not the intent of this clause that Employees walk in the rain in all circumstances. Where an Employer seeks to use this provision due to the nature of a Project, they will consult with the parties as to the operation of this clause and determine an appropriate definition of “drenched”. If there is a potential for the Employee to get “drenched” they will not be required to walk to the Workfront Senior levels of the union and the Employer will be involved in the implementation of this clause. This clause only applies to projects within the Melbourne CBD as bounded by Spring Street, Victoria Street, ▇▇▇▇▇▇▇ Street and Flinders Street; or (v) Adequate protection is provided. Protection shall, where necessary, be provided for the Employees’ tools. (vi) In the case of mechanical plant operators carrying out early works as the principal activity or mechanical plant demolition on a site and they have a dry cabin to work from and they can safely access their cabin without getting “drenched”, they will return to work so long as the work itself is safe to perform. The Employer will ensure that other necessary personnel are provided to ensure safety of the workforce and the public. (b) In this clause, a dry area shall mean a work location that has not become saturated by rain or where Employees would not become wet.
WAITING TIME Those employees working on a project who are entitled to receive subsistence allowance shall be paid a lump sum as waiting time based on the applicable straight time rate provided for in the Schedules attached hereto as follows: 12.1 The equivalent of four (4) hours pay for any working day lost during the regularly scheduled work week. 12.2 If no work is performed on a holiday designated in this Agreement, no waiting time shall be paid. 12.3 Notwithstanding the provisions of 12.1 and 12.2, where the Employer has provided notice of a starting time to follow a period for which waiting time is payable, any employee who, except for reasons of illness or emergency, is not available for work at the said starting time, or who voluntarily terminates his employment prior to the next regularly scheduled pay day, shall forfeit any unpaid waiting time pay, PROVIDED, however, the Employer shall notify the Local Union of such forfeiture. 12.4 In no event shall waiting time payments provided for hereinabove be included in computing the hours of work on which overtime is payable.
Exercise Period Vesting 4.1. 185,185 Series D Warrants to purchase up to 185,185 Warrant Shares (50% of Series D Warrants) shall vest on March 1, 2023 (the “Second Vesting Date”) and be exercisable as of the Second Vesting Date and for three (3) years thereafter, subject to Section 4.3 below; provided, however, that the Warrants under this Section 4.1 shall expire on the Second Vesting Date in the event the Milestone is not met, and the Partner has notified the Company on its decision to rescind the remaining balance of the Facility; 4.2. 185,185 Series D Warrants to purchase up to 185,185 Warrant Shares (50% of Series D Warrants) shall vest on September 1, 2023 (the “Third Vesting Date”) and be exercisable as of the Third Vesting Date and for three (3) years thereafter, subject to Section 4.3 below; provided, however, that the Warrants under this Section 4.2 shall expire on the Third Vesting Date in the event the Milestone is not met, and the Partner has notified the Company on its decision to rescind the remaining balance of the Facility; and further provided, that the Warrants under this Section 4.2 shall expire on the Third Vesting Date pro rata to the amounts of Tranches 3-8 which shall have not been actually withdrawn by the Company. By way of illustration only, (a) if the Company, at its sole discretion, withdraws US$0.5 million out of US$2 million of Tranches 3-8 available under the Agreement, than 138,889 Series D Warrants to purchase up to 138,889 Warrant Shares [75% of Series D Warrants under this Section 4.2] shall expire on the Third Vesting Date; and (b) if the Company, at its sole discretion, withdraws US$2 million out of US$2 million of Tranches 3-8 available under the Agreement, than none of Series D Warrants under this Section 4.2 shall expire on the Third Vesting Date; 4.3. Notwithstanding the above, if at any time from and after the date of issuance of the Warrants hereof, the closing price of the Company’s Ordinary Shares on the TASE (or other stock exchange or market on which the Ordinary Shares are then listed or quoted, including by means of ADSs, as defined below) equals or exceeds US$2.025 [1.5 (one point five) of Series D Exercise Price per share], adjusted, if applicable, for the Company’s capital events, such as stock splits, etc., for three (3) consecutive trading days (the “Mandatory Exercise Measuring Period”), then the Company shall have the right to require the Holder and/or any of his Transferees, to exercise all or any portion of Series D Warrants, still unexercised (and in such event vesting of any such unexercised Series D Warrants required to be exercised shall be accelerated and all of them shall vest immediately), for a cash exercise, as designated in the Mandatory Exercise Notice on the Mandatory Exercise Date (each as defined below) into fully paid, validly issued and nonassessable Ordinary Shares, at the Series D Exercise Price (the “Mandatory Exercise”). The Company may exercise its right to require exercise under this Section 4.3 by delivering within not more than five (5) trading days following the end of such Mandatory Exercise Measuring Period a written notice thereof to the Holder (which notice for the purposes hereof shall also be deemed a notice to his Transferees (the “Mandatory Exercise Notice” and the date that Holder received such notice is referred to as the “Mandatory Exercise Notice Date”). The Mandatory Exercise Notice shall be irrevocable. The Mandatory Exercise Notice shall state (i) the trading day on which the Mandatory Exercise shall occur, which shall be the second trading day following the Mandatory Exercise Notice Date (the “Mandatory Exercise Date”) and (ii) the aggregate number of Warrants which the Company has elected to be subject to such Mandatory Exercise (the “Mandatory Exercise Warrants”) pursuant to this Section 4.3. If the Holder or any of his Transferees then holding the Warrants, fails to provide the Company on the Mandatory Exercise Date or within five (5) business days thereafter, with the aggregate exercise price of the Mandatory Exercise Warrants or any part thereof, at the end of such period any nonpaid Mandatory Exercise Warrants shall automatically terminate and become null and void. 4.4. Notwithstanding the above, this Warrant may not be exercised on the Record Date (as such term is defined under the TASE rules and regulations) of: (i) a distribution of bonus shares; (ii) a rights offer; (iii) any distribution of dividends; (iv) a consolidation of the share capital of the Company; (v) a share split; or (vi) a reduction of the share capital of the Company (each of the above: a “Corporate Event”). In addition, if the Ex-Date (as such term is defined under the TASE rules and regulations) for a Corporate Event occurs before the Record Date for such Corporate Event, then the Warrant may not be exercised on the said Ex-Date.