Common use of Programmatic Relief Clause in Contracts

Programmatic Relief. 7.1 The programmatic relief described in this Section will be effective immediately upon the Effective Date and shall remain binding on the Parties and their agents and successors for a three-year period following the Effective Date or until the Court determines that Novartis is in compliance with the programmatic relief in this Section. 7.2 Novartis will substantially comply with the programmatic relief described in this Section within one (1) year of the Effective Date. 7.3 The monitoring period for the relief described in this Section, with reporting to Class Counsel and the Compliance Master as described below in Section VII.H will be three (3) years from the Effective Date, and with the first report due one (1) year following the Effective Date. 7.4 If Novartis’s compliance is satisfactory to the Court, Novartis’s obligations with respect to the programmatic relief described in this Section will end upon the Court’s order. 7.5 The terms of the programmatic relief described in this Section will be subject to good-faith negotiation between the Parties, should there be a legitimate business reason to modify those terms. No substantive modification may be made to the terms of this Section absent approval by the Court. 7.6 Nothing in this Section shall be construed to require or permit any party to the Agreement, or agent thereof, to disclose Novartis’s confidential personnel information. 7.7 Novartis agrees to take the actions described in this Section with respect to employees who hold positions as Sales Representatives, Sales Consultants, Senior Sales Consultants, Executive Sales Consultants, Sales Associates, Sales Specialists, Senior Sales Specialists, and District Managers I. A. Proactive Equal Employment Opportunity Measures. 7.8 Novartis will take the following actions regarding the following aspects of the field force employment experience: (i) Novartis will include, as part of its bi-annual employee engagement survey (or a separate add-on for employees in jobs covered by this Agreement) conducted anonymously by an outside survey provider, questions about work-life balance, including questions concerning the comfort level that employees have in using pregnancy leave, job share policies and the sexual harassment policy regarding inappropriate sexual behavior or comments by physician customers, as well as the attitudes employees have observed management expressing regarding maternity leave and job share policies. This survey, which is conducted by a well-known third-party specialist, is next scheduled for the second calendar quarter of 2011. (ii) Sexual Harassment Policy and Training: Novartis will prepare and circulate a sexual harassment policy that will cover inappropriate conduct by employees and physician customers and will make clear that Novartis does not tolerate inappropriate sexual behavior or comments by physician customers. Novartis will conduct annual training on this policy, which includes guidance to the field force regarding how to respond if faced with inappropriate sexual behavior, as well as direction to employees to report such conduct for investigation and remedial action. The bi-annual survey described in Paragraph 7.8(i) will elicit feedback from all Novartis employees regarding whether they understand the policy and would be comfortable reporting inappropriate conduct under this policy. 7.9 Novartis will track the trends in response to the survey described in Paragraph 7.8(i). With respect to Paragraph 7.8(ii), Novartis will continue its zero tolerance policy of permanently removing any physician who was the subject of a substantiated employee complaint for conduct constituting sexual harassment from both the target calling list and the incentive goals for all sales representatives. 7.10 Novartis will report the results of the bi-annual survey described in Paragraph 7.8(i) to the Compliance Committee (whose membership includes the Vice President of Ethics and Compliance, President of Novartis, and the Heads of several different departments and Business Units) and that Committee will make recommendations, where needed, to remedy as soon as practicable any gender-related problems affecting employees covered by this Agreement and evidenced in the survey. Those recommendations, along with the survey responses and the trends over the years, will be delivered on a bi-annual basis. In addition, Novartis will provide a brief summary to Class Counsel of any action taken by the Compliance Committee to remedy the problems discussed above.