Original DPA Paragraph 4 on page 2 of the DPA setting a three-year term for the DPA shall be deleted, and the following shall be inserted in lieu thereof: “This DPA shall be effective upon the date of signature by Provider and ▇▇▇, and shall remain in effect as between Provider and LEA 1) for so long as the Services are being provided to the LEA or 2) until the DPA is terminated pursuant to Section 15 of this Exhibit G, whichever comes first. The Exhibit E General Offer will expire three (3) years from the date the original DPA was signed.”
Investment and Holding Company Status Neither the Borrower nor any of its Subsidiaries is (a) an "investment company" as defined in, or subject to regulation under, the Investment Company Act of 1940 or (b) a "holding company" as defined in, or subject to regulation under, the Public Utility Holding Company Act of 1935.
Professional Growth The policy of the District shall be to encourage continued and active participation on the part of classified employees in a program of professional growth activities designed to improve service to students and the District, and to assist in the personal and professional development of the employee. Professional growth is designed as a continuous purposeful program of study/training to retain and extend the high standards of the classified employees. The purpose of this program will be:
1. To improve the standard of service of the classified staff;
2. To extend and constantly improve the standards of on-the-job performance;
3. To provide opportunities for personal growth and advancement and thereby exert a concerted effort to retain qualified classified personnel. The policy shall be interpreted and implemented as follows:
1. Professional growth credit shall be given for unit credit collegiate-level coursework. Non- collegiate courses shall be evaluated on a case-by-case basis by the employee’s immediate supervisor and the Chief Human Resources Officer or designee.
2. Professional growth credit will be provided for coursework completed on the employee’s own time. Released time for on-the-job training to participate in study/coursework, etc., shall not result in professional growth credit.
3. Professional growth credit shall be given only for that coursework begun and completed subsequent to the effective date of the Agreement into which this proposal is incorporated.
4. All coursework for professional growth credit shall be job-related or related to advancement to another District job and subject to prior approval of the employee’s immediate supervisor and the Chief Human Resources Officer. The burden of proof of job-relatedness falls to the employee making request for professional growth credit.
5. If the District determines that the coursework is not job related, the employee may appeal this decision using an appeal process similar to the one now operating with working out- of-class provisions of the Agreement.
6. Upon promotion of the employee to a new classification, the units completed for professional growth credit shall be reviewed by the new supervisor and the supervisor’s vice president to determine whether the growth credits shall carry over.
a. If units were gained completing courses which provided employee with prerequisite skills for the new position, the professional growth credit will not be carried over.
b. If the credit is not job-related to the new position, the credit will not be carried over.
c. In both “a” and “b” above, the appeal process of Paragraph 5 shall apply.
7. The District shall have the right to require appropriate coursework as part of any professional growth program for an employee.
8. An employee shall have three (3) years in which to complete any cycle of professional growth. Units will not be carried over if the cycle is not completed within the three (3) years.
9. Upon completion of twelve (12) units (within the three-year timeline), the employee shall be eligible for the first step of professional growth increment.
10. Upon completion of an additional twelve (12) units (within the three-year timeline), the employee shall be eligible for a second step of the professional growth.
11. Professional growth increment shall be a flat rate of $50.00 per month per step.
Bank Holding Company Borrower is not a “bank holding company” or a direct or indirect subsidiary of a “bank holding company” as defined in the Bank Holding Company Act of 1956, as amended, and Regulation Y thereunder of the Board of Governors of the Federal Reserve System.
NCL CORPORATION LTD an exempted company incorporated under the laws of Bermuda with its registered office at Park ▇▇▇▇▇, ▇▇ ▇▇▇-▇▇-▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇ ▇▇, Bermuda (the "Guarantor")