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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. Section 6.06 Restrictions ................................................................................................................................ 11 ARTICLE VII
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. Employee and Union Co-operation Union Security Hours of Work Overtime Rate of Pay Statutory Holidays Rest Periods Wages Travel Time Vacations Maternity Leave Jury Duty No Strike No Lockout Seniority Discharge of Employees Subject to Arbitration Notice Required for Pay in Lieu of Notice in Cases of Dismissal Business Agents Visits Complaints and Cash Shortages Sick Leave With Pay Bereavement Leave With Pay Leave of Absence Without Pay Doctor’s Appointment Health and Welfare Canadian Commercial Workers Industry Pension Plan Company Meetings Supplier’s Representative Employee Privileges Disciplinary Interviews Union Decal Expiration and Renewal Hours of Work Employee and Union Co-operation Rest Periods No Strike No Lockout Seniority Discharge of Employees Subject to Notice Required for Pay in Lieu of Notice in Cases of Dismissal Business Agents Visits Complaints and Grievance Procedure Cash Shortages Dental Plan Wages Maternity Leave Bereavement Leave Sick Leave Work Closest to Home Travel Time Leave of Absence Without Pay Canadian Commercial Workers Industry Pension Plan Health and Welfare Company Meetings Disciplinary Interviews Expiration and Renewal Appendix Wages Appendix Wages Appendix Wages Appendix Wages Appendix Appendix D Letters of Agreement Letter of Agreement Letter of Agreement Former Kent Drugs Letter of Agreement Drug Warehouse Retail Stores Letter of Agreement Cosmetic Commission Letter of Agreement Protocol for New Stores Acquisitions Letter of Agreement Technological Letter of Agreement Staff Training Letter of Agreement Par-time Drug Benefit Letter of Agreement Leukemia Letter of Agreement Liability Insurance with respect to its stores in Ontario except the stores in the Regional Municipality of Ottawa-Carleton (Hereinafter referred to as the “Company”) (Hereinafter referred to as the “Union”)
Page. SECTION 1. DEFINITIONS; INTERPRETATION 1 Section 1.1. Definitions 1 Section 1.2. Interpretation 13 Section 1.3. Change in Accounting Principles 14 SECTION 2. THE CREDIT FACILITIES 14 Section 2.1. Commitments 14 Section 2.2. Letters of Credit 15 Section 2.3. Applicable Interest Rates 18 Section 2.4. Manner of Borrowing Loans and Designating Applicable Interest Rates 19 Section 2.5. Minimum Borrowing Amounts; Maximum Eurodollar Loans 20 Section 2.6. Maturity of Loans 21 Section 2.7. Prepayments 21 Section 2.8. Place and Application of Payments 21 Section 2.9. Commitment Terminations 22 Section 2.10. The Notes 23 Section 2.11. Fees 23 Section 2.12. Swing Loans 24 SECTION 3. CONDITIONS PRECEDENT 26 Section 3.1. All Credit Events 26 Section 3.2. Initial Credit Event 26 SECTION 4. THE GUARANTIES 28 Section 4.1. Guaranties 28 Section 4.2. Further Assurances 28 Section 4.3. Guarantor Release 28 Section 4.4. Exclusion of Foreign Subsidiaries 28 SECTION 5. REPRESENTATIONS AND WARRANTIES 28 Section 5.1. Organization and Qualification 28 Section 5.2. Authority and Enforceability 29 Section 5.3. Financial Reports 29 Section 5.4. No Material Adverse Effect 29 Section 5.5. Litigation and other Controversies 29 Section 5.6. True and Complete Disclosure 30 Section 5.7. Use of Proceeds; Margin Stock 30 Section 5.8. Taxes 30 Section 5.9. ERISA 30 Section 5.10. Material Subsidiaries 30 Section 5.11. Compliance with Laws 30 Section 5.12. Environmental Matters 31 Section 5.13. Investment Company; Public Utility Holding Company 31 Section 5.14. Intellectual Property 31 Section 5.15. Good Title 31 Section 5.16. Labor Relations 32 Section 5.17. Indebtedness 32 Section 5.18. Capitalization 32 Section 5.19. Other Agreements 32 Section 5.20. Governmental Authority and Licensing 32 Section 5.21. Approvals 32 Section 5.22. Affiliate Transactions 33 Section 5.23. Solvency 33 SECTION 6. COVENANTS 33 Section 6.1. Information Covenants 33 Section 6.2. Inspections 35 Section 6.3. Maintenance of Property, Insurance, Environmental Matters, etc 35 Section 6.4. Preservation of Existence 36 Section 6.5. Compliance with Laws 36 Section 6.6. ERISA 36 Section 6.7. Payment of Taxes 37 Section 6.8. Contracts With Affiliates 37 Section 6.9. No Changes in Fiscal Year 37 Section 6.10. Change in the Nature of Business 37 Section 6.11. Indebtedness 37 Section 6.12. Liens 38 Section 6.13. Consolidation, Merger, Sale of Assets, etc 39 Section 6.14. Advances, Investments and Loans 40 Section 6.15. Limitation...
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...
Page. Section 1. Certain Definitions 1 Section 2. Appointment of Rights Agent 6 Section 3. Issue of Rights Certificates 6 Section 4. Form of Rights Certificates 8 Section 5. Countersignature and Registration 8 Section 6. Transfer, Split Up, Combination and Exchange of Rights Certificates; Mutilated, Destroyed, Lost or Stolen Rights Certificates 9 Section 7. Exercise of Rights; Purchase Price; Expiration Date of Rights 10 Section 8. Cancellation and Destruction of Rights Certificates 11 Section 9. Reservation and Availability of Capital Stock 11 Section 10. Preferred Stock Record Date 13 Section 11. Adjustment of Purchase Price, Number and Kind of Shares or Number of Rights 13 Section 12. Certificate of Adjusted Purchase Price or Number of Shares 21 Section 13. Consolidation, Merger or Sale or Transfer of Assets or Earning Power 21 Section 14. Fractional Rights and Fractional Shares 23 Section 15. Rights of Action 24 Section 16. Agreement of Rights Holders 24 Section 17. Rights Certificate Holder Not Deemed a Stockholder 25 Section 18. Concerning the Rights Agent 25 Section 19. Merger or Consolidation or Change of Name of Rights Agent 26 Section 20. Duties of Rights Agent 27 Section 21. Change of Rights Agent 29 Section 22. Issuance of New Rights Certificates 29 Section 23. Redemption and Termination 30 Section 24. Exchange 30 Section 25. Notice of Certain Events 31 Section 26. Notices 32 Section 27. Supplements and Amendments 33 Section 28. Successors 33 Section 29. Determinations and Actions by the Board of Directors, etc. 33 Section 30. Benefits of this Agreement 34 Section 31. Severability 34 Section 32. Governing Law 34 Section 33. Counterparts 34 Section 34. Descriptive Headings 34 Exhibit A — Form of Certificate of Designation Exhibit B — Form of Rights Certificate Exhibit C — Form of Summary of Rights STOCKHOLDER RIGHTS AGREEMENT, dated as of , 2005 (the “Agreement”), between ▇▇▇▇▇*s, INC., a Delaware corporation (the “Company”), and AMERICAN STOCK TRANSFER & TRUST COMPANY as Rights Agent (the “Rights Agent”).
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 TO BIDDERS 15 SECTION 2 2.1 SPECIAL CONDITIONS OF CONTRACT 17 SECTION 3
3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 18 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 22 4.2 MUNICIPAL RATES AND TAXES 25 4.3 MBD8: DECLARATION OF ▇▇▇▇▇▇’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 26 4.4 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 27 SECTION 5 DECLARATION 30 SECTION 6 CONTRACT FORM 31 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 10 FEBRUARY 2012 TENDER 3/2012: LEASE OF MUNICIPAL BUILDING, OLD TOLL HOUSE, HARTENBOS (PORTION OF ERF 2394, 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, commencing 1 July 2012 ending 30 June 2015. 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 R75 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, 10 February 2012 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 date of the tender as above. Tenders will be pre-evaluated on functionality and bidders scoring less than 70 out of 100 points for functionality will not be considered for further evaluat...
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. At any time the Company may apply to any officer of the Investment Company or Fund for instructions, and may consult with legal counsel or the Investment Company's independent accountants with respect to any matter arising in connection with the services to be performed by the Company under this Agreement, and the Company and its agents or subcontractors shall not be liable and shall be indemnified by the Investment Company or the appropriate Fund for any action reasonably taken or omitted by it in reliance upon such instructions or upon the opinion of such counsel or independent accountant provided such action is not in violation of applicable federal or state laws or regulations.