Notification Procedure (i) Each such notice shall be deemed to have been delivered:
(A) when presented personally to the GOB;
(B) when transmitted by facsimile; or
(C) five (5) Days after being deposited in a regularly maintained receptacle for the postal service in Bangladesh, postage prepaid, registered or certified, return receipt requested, addressed to the GOB, at the address indicated in Section 17 of the Implementation Agreement (or such other address as the GOB may have specified by written notice delivered in accordance therewith). Any notice given by facsimile under this Section 4.6 shall be confirmed in writing delivered personally or sent by prepaid post, but failure to so confirm shall not void or invalidate the original notice if it is in fact received by the GOB.
Evaluation Procedure 6.1.1 The established evaluation form is to be prepared by the immediate supervisor under whom the bargaining unit member has served for sixty (60) working days or more. (See evaluation form attached as Appendix B.) The immediate supervisor is to present a draft of an evaluation report to the bargaining unit member in private and discuss the report with the bargaining unit member being evaluated. The evaluation shall be based upon direct observation by the immediate supervisor or verified facts. Evaluation reports reflecting “Needs Improvement” or “Does not meet standards” ratings shall include statements of deficiencies and recommendations for improvements, in writing, by the evaluator. The signature by the bargaining unit member does not indicate the employee’s agreement with the ratings; it indicates that the employee has received a copy.
6.1.1.1 Permanent employees shall be evaluated annually.
6.1.1.2 Probationary employees shall be evaluated at least once during the probationary period, prior to the end of the fourth month.
6.1.2 Evaluation reports reflecting “Needs Improvement” or “Does Not Meet Standards” ratings shall be placed in the bargaining unit member’s personnel file only after written notification by the supervisor that the bargaining unit member has been given an opportunity to prepare a written response to such evaluation. Prior to evaluation reports reflecting any “Needs Improvement” or “Does Not Meet Standards” ratings the evaluator is encouraged to implement a Performance Improvement Plan. (See Performance Improvement Plan form attached as Appendix C.)
6.1.3 A bargaining unit member has the right to attach a response to the employee’s evaluation provided that such written response is submitted to the employee's supervisor within fifteen (15) days of the employee's receipt of the evaluation. Any timely received response shall be attached to, and become a permanent part of, the employee's evaluation.
6.1.4 Evaluatees may, within ten (10) working days, present the employee’s objections to the evaluation decision to the Director Personnel Services. Grounds for the objections shall be based on one or more of the following: (1) the evaluation was not based on fact; (2) the evaluation was based on discriminatory standards; (3) the evaluation was not conducted in conformance with this Article. Within ten (10) working days of receipt of such objection the Director Personnel Services shall hear the objections and render a decision whether to uphold the evaluation or rescind the evaluation.
6.1.5 The bargaining unit member's supervisor may, at any time, prepare a notice of commendation. The completed form is to be signed by the bargaining unit member to indicate receipt and the bargaining unit member shall be given a signed copy. The original notice is to be forwarded to the Personnel Services Office for filing.
6.1.6 Contents of evaluations are not subject to the grievance procedure of this Agreement, Article VII, but procedural violations are subject to the grievance procedure.
6.1.7 The probation period shall be defined as the initial six (6) month employment period.
6.1.8 In the event a permanent bargaining unit member is hired for a new position, and is subsequently released from probation under section 6.1.7, the employee will be returned to the employee’s previous classification.
6.1.9 The District, CSEA and the bargaining unit member may mutually agree to extend the probationary period of a bargaining unit member on an individual basis provided the extension is no longer than four (4) months.
Selection Procedure 10.2.4.1 Internal applicants shall be defined as all applicants with seniority in accordance with Article 12.5.
10.2.4.2 In filling a posted vacancy, first consideration shall be given to internal applicants who meet the stated qualifications. All Faculty members who meet the stated qualifications for the posted vacancy shall be interviewed by the Selection Committee. Past service and evaluations shall be considered by the Committee. The best qualified candidate shall be recommended for appointment to the position.
10.2.4.3 Where the qualifications of two or more of the applicants are relatively equal, the applicant with the greatest seniority shall be recommended for appointment to the position.
10.2.4.4 In establishing the qualifications, and in evaluating the qualifications and past performance of the applicants, the committee shall act in good faith, in a fair and reasonable manner, and shall not act in an arbitrary or discriminatory fashion.
10.2.4.5 Following the interviews, the committee will submit its recommendations containing a list of qualified candidates in order of preference, through the appropriate ▇▇▇▇ to the President or delegate.
10.2.4.6 New faculty members shall be appointed only when there are no qualified internal applicants.
10.2.4.7 If there are no qualified internal applicants, the selection committee may consider external applications, in accordance with the procedure outlined above.
10.2.4.8 Internal applicants will be advised as soon as possible of the selection committee's decision that the committee will be considering external applications in accordance with Article 10.2.4.7.
Registration Procedure In connection with the registration of the Units under the Securities Act, the Company will:
(a) prepare and file with the SEC a registration statement on Form S-3 or any successor form with respect to the offer and sale by the Holder of such securities, and cause such registration statement to become, and use its reasonable best efforts to cause such registration statement to remain, effective for the earlier of one year from the Closing Date or until such time as all the Units issued in the Investment are sold.
(b) prepare and file with the SEC as soon as is reasonably practicable such amendments to such registration statement and supplements to the prospectus contained therein as may be necessary to keep such registration statement effective for such period as may be reasonably necessary to permit such Holder to effect the sale of such securities, not to exceed the earlier of one year from the Closing Date or until such time as all the Units in the Investment are sold;
(c) furnish to the Holder such reasonable number of copies of the registration statement, preliminary prospectus, final prospectus and such other documents as such Holder may reasonably request in order to facilitate the sale of such securities;
(d) use its reasonable best efforts to register or qualify the securities covered by such registration statement under such state securities or blue sky laws of such jurisdictions as such participating Holder may reasonably request in writing, except that the Company shall not for any purpose be required to execute a general consent to service of process or to qualify to do business as a foreign corporation in any jurisdiction wherein it is not so qualified and take all steps necessary to cause the Units to be listed for trading on any securities exchange on which similar Units are listed;
(e) notify the Holder promptly after it shall receive notice thereof of the time when such registration statement (and any amendment thereto) has become effective or a supplement to any prospectus forming a part of such registration statement has been filed;
(f) as promptly as practicable after becoming aware of such event, notify such Holder promptly of any request by the SEC for the amending or supplementing of such registration statement or prospectus or for additional information;
(g) prepare and file with the SEC, as soon as practicable, upon the request of any such Holder, any amendments or supplements to such registration statement or prospectus which, in the opinion of counsel for such Holder (and concurred in by counsel for the Company), is required under the Securities Act or the rules and regulations thereunder in connection with the offer and sale or other distribution of the Units by such Holder;
(h) promptly prepare and file with the SEC and promptly notify such Holder of the filing of such amendment or supplement to such registration statement or prospectus as may be necessary to correct any statements or omissions if, at the time when a prospectus relating to such securities is required to be delivered under the Securities Act, any event shall have occurred as the result of which any such prospectus or any other prospectus as then in effect would include an untrue statement of a material fact or omit to state any material fact necessary to make statements therein, in the light of the circumstances in which they were made, not misleading. In such event, the Company shall provide each Holder, as promptly as is reasonably practicable, that number of copies of the prospectus so amended or supplemented as is reasonably required by each Holder;
(i) promptly after it shall receive notice or obtain knowledge thereof, of the issuance of any stop order by the SEC suspending the effectiveness of such registration statement or the initiation or threatening of any proceeding for that purpose shall immediately notify the Holder thereof and promptly use its reasonable best efforts to prevent the issuance of any stop order or to obtain its withdrawal if such stop order should be issued;
(j) cooperate with the selling Holder to facilitate the timely preparation and delivery of certificates representing the Units to be sold and not bearing any Securities Act legend; and enable certificates for such Units to be issued for such numbers of Units and registered in such names as the selling Holder may reasonably request at least two business days prior to the sale of such Units;
(k) provide Holder and its representatives the opportunity to conduct a reasonable due diligence inquiry of Company's pertinent financial and other records and make available its officers, directors and employees for questions regarding such information as it relates to information contained in the registration statement, subject to all information received by the Holder and its representatives being kept confidential; and
(l) provide Holder and its representatives the opportunity to review the registration statement and all amendments thereto a reasonable period of time prior to their filing with the SEC.
Application Procedure 7.4.1. Application Priority........................................ 7.4.2. [Reserved].................................................. 7.4.3. Advance Payments............................................