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Page. 7.3 Surrender of the Premises 19 ARTICLE 8. CONSTRUCTION ACTIVITIES AND ALTERATIONS 19 8.1 Plans and Specifications 19 8.2 Construction of LNG Facility 19 8.3 Insurance Covering Lessee's Work 20 8.4 Relocation of Utilities 20 8.5 Personal Property 20 8.6 Liens and Notices of Violation Prohibited 20 8.7 Mechanics' Liens 20 8.8 Lessor's Right to Discharge 21 8.9 Permits 21 8.10 Sharing of Information 21 8.11 Lessor's Additional Improvements 21 8.12 Future Alterations 22 ARTICLE 9. DESTRUCTION 22 9.1 Obligation to Rebuild 22 9.2 No Abatement of Rent 23 ARTICLE 10. CONDEMNATION 23 10.1 Rights 23 10.2 Total Taking 23 10.3 Substantial Taking 23 10.4 Possession Following Notice of Taking 23 10.5 Apportionment for Award of Total Taking 23 10.6 Partial Taking 24 10.7 Taking for Temporary Use 24 10.8 Remediation Obligations 24 10.9 Sole and Exclusive Remedies 24 ARTICLE 11. LESSEE'S DEFAULT 24 11.1 Lessee's Default Defined 24 11.2 Lessor's Right to Terminate 25 11.3 Lessor's Right Not To Terminate 26 11.4 Cessation of Services 26 11.5 General 26 11.6 Right of Lessor to Perform 26 ARTICLE 12. LESSOR'S DEFAULT 26 12.1 Lessor's Default Defined 26 12.2 Lessee's Remedies 26 12.3 Limitations on Lessor's Liability 27 12.4 Termination of Services by Lessor 28 ARTICLE 13. ESTOPPEL CERTIFICATES AND SALE BY LESSOR 29 13.1 Estoppel Certificates, etc. 29 13.2 Failure to Deliver Estoppel Certificates 29 13.3 Liability Upon Transfer 29 ARTICLE 14. ASSIGNMENT AND SUBLETTING 30 14.1 Generally Forbidden 30 [***] Confidential portions of this document have been redacted and filed separately with the Commission. 14.2 Permitted Transactions 30 14.3 Transfer Procedures 30 14.4 Prohibited Persons 31 14.5 Miscellaneous Provisions 31 ARTICLE 15. RIGHT OF FIRST REFUSAL 31 15.1 ROFR Notice 31 15.2 Response to ROFR Notice 31 15.3 Timing of Transfer; Change of Terms 32 15.4 Termination of Right 32 15.5 Valuation 32 15.6 Transfer Defined 32 15.7 Right of First Refusal Exercised 32 15.8 No Waiver of Assignment Restrictions 32 ARTICLE 16. FORCE MAJEURE 32 16.1 Effect of Force Majeure Events 32 16.2 Certain Delays not Excused 33 16.3 Notice of Force Majeure Events 33 16.4 Period of Suspension or Delay and Mitigation 33 ARTICLE 17. REPRESENTATIONS AND WARRANTIES 33 17.1 Representations and Warranties of Lessee 33 17.2 Representations and Warranties of Lessor 34 17.3 Acknowledgment 34 ARTICLE 18. JOINDER 35 18.1 Joinder of CE Construction 35 ARTICLE 19. MISCELLANEOUS PROVISIONS 35 19.1 Headings 35 19...
Page. 1.1 INVITATION TO TENDER 2 1.2 TENDER CONDITIONS AND INFORMATION 3 1.3 GENERAL CONDITIONS OF CONTRACT 9 1.4 TERMS OF REFERENCE AND GENERAL INFORMATION 15 SECTION 2 2.1 SPECIAL CONDITIONS OF CONTRACT 20 SECTION 3
3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 22 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 23 4.2 MBD6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001 25 4.3 MBD6.11: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL POCUREMENT REGULATIONS 2001 - PROMOTION OF ENTERPRISES LOCATED IN A SPECIFIC MUNICIPAL AREA 34 4.4 MBD8: DECLARATION OF ▇▇▇▇▇▇’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 37 4.5 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 40 SECTION 5 DECLARATION 43 SECTION 6 CONTRACT FORM 44 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 9 DECEMBER 2011 TENDER 97/2011: LEASE OF MUNICIPAL BUILDING, OLD TOLL HOUSE, HARTENBOS (PORTION OF ERF 2394, ±600m²) The Mossel Bay Municipality hereby invites tenders for the leasing of the municipal building known as the Old Toll House in Hartenbos, for a period of three (3) years. The building is in need of upgrading, which will be for the account of the lessee. Tenders must be submitted on the original documents and remain valid for ninety (90) days after the closing date of the tender. Enquiries pertaining to the specifications can be addressed to ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ at telephone (▇▇▇) ▇▇▇-▇▇▇▇. Enquiries pertaining to the completion of the documents can be addressed to Mr ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ at telephone (▇▇▇) ▇▇▇-▇▇▇▇. A set of tender documents can be obtained at a non-refundable cost of R50 per set from ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ at telephone (▇▇▇) ▇▇▇-▇▇▇▇. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. Documents that are e-mailed to prospective bidders will be free of charge. Documents will only be handed to prospective bidders who produce a receipt for the payment of the tender document. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. A set of fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (seaside) at the Mossel Bay Municipality by not later than 12:00 on Friday, 9 December 2011 or be mailed to reach the Tender Box, Mossel Bay Municipality, PO Box 25, Mossel Bay, 6500 before the specified closing date and time. The envelopes must be endorsed clearly with the number, title and closing...
Page. SECTION 1. AUTHORIZATION OF NOTES 1 SECTION 2. SALE AND PURCHASE OF NOTES 1 SECTION 3. CLOSING 1 SECTION 4. CONDITIONS TO CLOSING 2 Section 4.1 Representations and Warranties 2 Section 4.2 Performance; No Default 2 Section 4.3 Compliance Certificates 2 Section 4.4 Opinions of Counsel 2 Section 4.5 Purchase Permitted by Applicable Law, Etc. 2 Section 4.6 Related Transactions 3 Section 4.7 Payment of Special Counsel Fees 3 Section 4.8 Private Placement Number 3 Section 4.9 Changes in Corporate Structure 3 Section 4.10 Funding Instructions 3 Section 4.11 Proceedings and Documents 3 SECTION 5. REPRESENTATIONS AND WARRANTIES OF THE COMPANY 3 Section 5.1 Organization; Power and Authority 3 Section 5.2 Authorization, Etc. 4 Section 5.3 Disclosure 4 Section 5.4 Organization and Ownership of Shares of Subsidiaries; Affiliates 4 Section 5.5 Financial Statements 5 Section 5.6 Compliance with Laws, Other Instruments, Etc. 5 Section 5.7 Governmental Authorizations, Etc. 5 Section 5.8 Litigation; Observance of Agreements, Statutes and Orders 6 Section 5.9 Taxes 6 Section 5.10 Title to Property; Leases 6 Section 5.11 Licenses, Permits, Etc. 6 Section 5.12 Compliance with ERISA 7 Section 5.13 Private Offering by the Company 8 Section 5.14 Use of Proceeds; Margin Regulations 8 Section 5.15 Existing Debt; Future Liens 8 Section 5.16 Foreign Assets Control Regulations, Etc. 9 Section 5.17 Status under Certain Statutes 9 Section 5.18 Investment Company Act 9 Section 5.19 Environmental Matters 10 Section 5.20 Notes Rank Pari Passu 10 Section 5.21 Credit and Collection Policy 10 SECTION 6. REPRESENTATIONS OF THE PURCHASERS 10 Section 6.1 Purchase for Investment 10 Section 6.2 Source of Funds 11 Section 6.3 Accredited Investor 11 SECTION 7. INFORMATION AS TO COMPANY 11 Section 7.1 Financial and Business Information 11 Section 7.2 Officer’s Certificate 13 Section 7.3 Inspection 14 SECTION 8. PREPAYMENT OF THE NOTES 14 Section 8.1 Required Prepayments 14 Section 8.2 Optional Prepayments 14 Section 8.3 Allocation of Partial Prepayments 15 Section 8.4 Maturity; Surrender, Etc. 15 Section 8.5 Purchase of Notes 15 Section 8.6 [Reserved] 15 SECTION 9. AFFIRMATIVE COVENANTS 16 Section 9.1 Compliance with Law 16 Section 9.2 Insurance 16 Section 9.3 Maintenance of Properties 16 Section 9.4 Payment of Taxes and Claims 16 Section 9.5 Corporate Existence, Etc. 17 Section 9.6 Credit and Collection Policy 17 SECTION 10. NEGATIVE COVENANTS 17 Section 10.1 Minimum Consolidated Tangible Net Worth...
Page. Section 6.04 No Duties Except as Specified in this Agreement or in Instructions ........................................... 11 Section 6.05 No Action Except Under Specified Documents or Instructions ................................................ 11
Page. Work Week Hours of Work Summer Hours Meal Period Hours of Work for By-Law Enforcement Officers By-Law On-Call Winter Operations Hours of Work for Customer Service Staff and Coordinators, Aquatics Block Hours Provision for IT Positions (MIS Division) Overtime No Layoff to Compensate for Overtime Call-Back Time Overtime Meal Allowance Paid Holidays Holidays Falling on Weekend Holidays Falling on Scheduled Days Off Length of Vacation Holidays Falling Within Vacation Schedule Calculation of Vacation Pay Vacation Pay on Termination Approved Leave of Absence During Vacation Short Term Disability Plan (Sick Leave) Proof Illness or Injury Abse Records Special Sick Leave Appointments Job Descriptions Annual Increments Increment Date Union Leave Pregnancy Leave Parental and Adoptive Leave General Provisions Applicable to Pregnancy and Parental Leaves Family Leave Paid Jury or Court Witness Duty Leave Educational Bereavement Leave General Leave Pay Days Mileage Allowance Vacation Pay Pay During Temporary Transfers Workers' Compensation Basic Health Care Dental Care Life Insurance Long Term Plan Pay for Injured Employees Transportation of Accident Victims Safety Equipment Uniforms for By-Law Enforcement Officers Bulletin Boards Plural or Feminine Terms May Apply Continuation of Acquired Rights Duration of Agreement Changes in Agreement Notice of Changes Agreement to Continue in Force Letter of Understanding Review of Classifications Letter of Understanding Banked Overtime Letter of Understanding No Layoff Letter of Understanding Posting Priority to Members Letter of Employees Letter of Understanding Temporary Move Outside Bargaining Unit Appendix "A" Position Classifications Appendix Salary Grid January Appendix Salary Grid January Appendix C Guidelines for Drafting Job Sharing Arrangements Appendix Guidelines for Drafting Compressed Work Week Arrangements Appendix "E" Uniform Issue per Municipal Law Enforcement Officer Alphabetical Index
Page. Section 902. Supplemental Indentures and Agreements with Consent of Holders. 97 Section 903. Execution of Supplemental Indentures and Agreements. 98 Section 904. Effect of Supplemental Indentures 98 Section 905. Conformity with Trust Indenture Act. 98 Section 906. Reference in Securities to Supplemental Indentures. 99 Section 907. Notice of Supplemental Indentures 99 Section 1001. Payment of Principal, Premium and Interest. 100 Section 1002. Maintenance of Office or Agency 100 Section 1003. Money for Security Payments to Be Held in Trust. 100 Section 1004. Corporate Existence. 102 Section 1005. Payment of Taxes and Other Claims. 102 Section 1006. Maintenance of Properties. 102 Section 1007. Maintenance of Insurance. 103 Section 1008. Limitation on Indebtedness. 103 Section 1009. Limitation on Restricted Payments. 106 Section 1010. Limitation on Transactions with Affiliates. 111 Section 1011. Limitation on Liens. 112 Section 1012. Limitation on Sale of Assets. 113 Section 1013. Limitation on Issuances of Guarantees of and Pledges for Indebtedness 117 Section 1014. Purchase of Securities upon a Change of Control. 118 Section 1015. Limitation on Subsidiary Preferred Stock 122 Section 1016. Limitation on Dividends and Other Payment Restrictions Affecting Subsidiaries. 122 Section 1017. Limitation on Senior Subordinated Indebtedness. 123 Section 1018. Limitations on Unrestricted Subsidiaries. 124 Section 1019. Provision of Financial Statements. 125 Section 1020. Statement by Officers as to Default. 126 Section 1021. Waiver of Certain Covenants 126 Section 1101. Rights of Redemption. 127 Section 1102. Applicability of Article. 127 Section 1103. Election to Redeem; Notice to Trustee. 127 Section 1104. Selection by Trustee of Securities to Be Redeemed. 127 Section 1105. Notice of Redemption. 128 Section 1106. Deposit of Redemption Price. 129 Section 1107. Securities Payable on Redemption Date. 129 Section 1108. Securities Redeemed or Purchased in Part 129 Section 1201. Satisfaction and Discharge of Indenture. 130 Section 1202. Application of Trust Money 131 Section 1301. Guarantors’ Guarantee. 131 Section 1302. Continuing Guarantee; No Right of Set-Off; Independent Obligation. 131 Section 1303. Guarantee Absolute 132 Section 1304. Right to Demand Full Performance. 135 Section 1305. Waivers. 135 Section 1306. The Guarantors Remain Obligated in Event the Company Is No Longer Obligated to Discharge Indenture Obligations. 136 Section 1307. Fraudulent Conveyance; Contr...
Page. If no satisfactory solution is the employee may put his complaint in writing and present it to the Store Manager. If he wishes, the employee may be accompanied at this stage by his shop ▇▇▇▇▇▇▇. The StoreManager answer the in writing and forward the answer to the employee within working days. If no solution is reached at the preceding stage, the grievancemay be discussed within three working days by the ▇▇▇▇▇▇▇ and the local union president (the president of 232)with the Store Manager. The StoreManager shall answer the in writing and the answer to the ▇▇▇▇▇▇▇ within three working days. If no satisfactory solution is reached at the stage, the grievance may be discussed within five working days between the ▇▇▇▇▇▇▇, the Union President, the International Representative and the StoreManager, Manager Regional Personnel and the Manager Industrial Relations. The Manager Industrial Relations shall reply in writing to the local union president within five working days. in the event that the have been unable to settle a dispute which has been processed under the provisions of paragraph and provided that the dispute meets the requirements of paragraph such grievance may be taken to arbitration provided that the party notifies the party within thirty-five working days following the date upon which the answer contemplated in paragraph has been given. Each party shall,no later than five working days following the notification as described in paragraph the party in writing the name of the person nominated to represent him on the Board of Arbitration. However, In all cases of a single arbitrator will be substituted for a Board of Arbitration provided for inthis Article the union and the employer agree to proceed by means of a Board of Arbitration. In all cases of substitutionof a single arbitrator for a Board of Arbitration as outlined in subsection (1) of other applicableprovisions of Article will continueto so as they No person may be nominated to the Board of who has either directly or indirectly attempted to negotiate or settlethe grievance in dispute. The two persons so nominated shall, within five working days of the appointment of the last named arbitrator, select a third person to act Chairmanof the Board of Arbitration. If they are unable to agree upon a Chairman,they shalljointly request the Minister of Labour the of to appoint a Such Chairman,together with the two nominees above mentioned, shall constitute a Board ofArbitration. They shall meet promptly hear an...
Page. 1. SENIORITY 31 Definition 31 Local Union Seniority 31 Departmental Seniority 31 Seniority in Event of Transfer Outside or Within Jurisdiction of the Union 31 Seniority as of July 1, 1950 31 Seniority of New Employees and of Employees Returning to Work After Leaving Employment 32 Rights and Privileges Arising From Seniority 33 Bidding Procedure 33 Acceptance and Job Anniversary Date 34 Transfers and Vacancies 34 Temporary Transfers 34 Temporary Employees 35 Seniority Lists 35 Choice of Vacation 35 Seniority of Employees Serving in the Defense Of the United States 35 2. OVERTIME 36
3. EMPLOYMENT 40
4. SCHEDULES 40 Continuous Rotating Shifts 40 Change in Schedule of Non-rotating shift Employees 41 5. HOLIDAYS 41 6. SAFETY RULES 42 a. Items Included by Reference 42 b. Cooperation 42 c. Work on Voltages Between 600 Volts And 15, 000 volts 42 d. Work Above 15,000 Volts 43
Page. SECTION 1. AUTHORIZATION OF NOTES 1 Section 1.1. Description of Notes 1 Section 1.2. Interest Rate 1 SECTION 2. SALE AND PURCHASE OF NOTES 2 Section 2.1. Series A Notes 2 Section 2.2. Additional Series of Notes 2 Section 2.3. Each Series Ranks Pari Passu 3 SECTION 3. CLOSING DATE AND FUNDING DATE 4 SECTION 4. CONDITIONS TO CLOSING AND FUNDING 4 Section 4.1. Representations and Warranties 4 Section 4.2. Performance; No Default 4 Section 4.3. Compliance Certificates 5 Section 4.4. Opinions of Counsel 5 Section 4.5. Purchase Permitted By Applicable Law, Etc 5 Section 4.6. Sale of Other Notes 5 Section 4.7. Payment of Special Counsel Fees 6 Section 4.8. Private Placement Number 6 Section 4.9. Changes in Corporate Structure 6 Section 4.10. Funding Instructions 6 Section 4.11. Proceedings and Documents 6 SECTION 5. REPRESENTATIONS AND WARRANTIES OF THE COMPANY 6 Section 5.1. Organization; Power and Authority 6 Section 5.2. Authorization, Etc 6 Section 5.3. Disclosure 7 Section 5.4. Organization and Ownership of Shares of Subsidiaries; Affiliates 7 Section 5.5. Financial Statements; Material Liabilities 8 Section 5.6. Compliance with Laws, Other Instruments, Etc 8 Section 5.7. Governmental Authorizations, Etc 8 Section 5.8. Litigation; Observance of Agreements, Statutes and Orders 8 Section 5.9. Taxes 9 Section 5.10. Title to Property; Leases 9 Section 5.11. Licenses, Permits, Etc 9 Section 5.12. Compliance with ERISA 10 Section 5.13. Private Offering by the Company 11 Section 5.14. Use of Proceeds; Margin Regulations 11 Section 5.15. Existing Debt; Future Liens 11 Section 5.16. Foreign Assets Control Regulations, Etc 12 Section 5.17. Status under Certain Statutes 12 Section 5.18. Environmental Matters 12 Section 5.19. Notes Rank Pari Passu 13 SECTION 6. REPRESENTATIONS OF THE PURCHASER 13 Section 6.1. Purchase for Investment 13 Section 6.2. Accredited Investor 13 Section 6.3. Source of Funds 13 SECTION 7. INFORMATION AS TO COMPANY 15 Section 7.1. Financial and Business Information 15 Section 7.2. Officer’s Certificate 18 Section 7.3. Visitation 18 SECTION 8. PAYMENT OF THE NOTES 18 Section 8.1. Required Prepayments 18 Section 8.2. Optional Prepayments with Make-Whole Amount 19 Section 8.3. Allocation of Partial Prepayments 19 Section 8.4. Maturity; Surrender, Etc. 19 Section 8.5. Purchase of Notes 20 Section 8.6. Make-Whole Amount for the Series A Notes 20 SECTION 9. AFFIRMATIVE COVENANTS 21 Section 9.1. Compliance with Law 21 Section 9.2. Insurance 21 Section 9...
Page. The Employer agrees that ten month employees who are enrolled in the benefits contained in Articles and shall be entitled to those benefits during the summer months that they are not working with the understanding that the employer will pay its share of such benefits as detailed in the above articles and the employee shall pay their share. The employees shall pay their share prior to the start of their absence. It is agreed that any and all accrued premium rate reductions realized by the employer from the rebate will be retained by the employer, which have been applied to the benefits in this article. An employee who is absent from work and covered by Workers' Compensation shall, upon written request, be entitled to continue to participate in all of the benefits which the employee might choose from the Collective Agreement in effect between the Union and the Board, for a period of up to two (2) years. The Board agrees to continue to pay its share of the applicable premiums, provided the employee contributes share of the premiums. Such continuance is dependent upon satisfying the carrier's conditions. shall, upon written request, be entitled to continue to participate in all of the benefits which might choose from the Collective Agreement in effect between the Union and the Board, until reaches the age of The Board agrees to continue to pay all applicable premiums, provided the employee reimburses the Board in full. The employee agrees to provide the Board with post-dated cheques in advance, on an annual basis, for all benefits chooses to continue. Such continuance is dependent upon satisfying the carrier's conditions. When an employee has exhausted benefits of the Short Term Sick Leave Plan, shall, upon written request, be entitled to continue to in all of the benefits which might choose from the Collective Agreement in effect between the Union and the Board, for up to six (6) months following the expiration of sick leave bank. The Board agrees to continue to pay its share of the applicable premiums, provided the employee contributes share of the premiums. Such continuance is dependent upon satisfying the An employee who is in receipt of benefits from the Long Disability Plan shall, upon written request, be entitled to continue to participate in all of the benefits which might choose from the Collective Agreement in effect between the Union and the Board, until reaches age The Board agrees to continue to pay all applicable premiums, provided the employee r...