Remediation Procedures Clause Samples

Remediation Procedures. 1. Any tenured teacher who receives an overall evaluation composite rating of Unsatisfactory, and the reasons for such rating are deemed remediable, shall be placed upon "remediation status." Within thirty (30) days of being placed upon remediation status, a remediation plan shall be developed for implementation to correct the remediable deficiencies cited. Participants in the plan shall include the teacher, a qualified evaluator, the Superintendent, and the consulting teacher. The written remediation plan shall be dated and signed by all the participants, with one (1) copy sent to the Union President and one (1) copy provided to the teacher. In the event the participants are unable to reach consensus on a remediation plan, the Superintendent or designee shall be permitted to complete and implement the plan. In such case, any other participant may put his/her objections in writing; and a copy of such objections shall be attached to the plan for informational purposes only. 2. Any teacher on remediation status shall be formally evaluated and rated at the midpoint and conclusion of the ninety (90) school day remediation period immediately following receipt of an Unsatisfactory rating. These evaluations shall not be conducted by the evaluator who initially issued the Unsatisfactory rating, nor shall it be conducted by an evaluator who reports to the evaluator who initially issued the Unsatisfactory rating. While the consulting teacher shall participate in the drafting and implementation of the remediation plan and shall provide advice and counsel to the teacher rated Unsatisfactory on how to improve teaching skills and to successfully complete the remediation plan, the sole responsibility for the formal evaluations shall rest with the evaluator. If the teacher on remediation status is subsequently evaluated with an overall rating of Proficient or better, the teacher shall be reinstated to a schedule of biennial evaluation. If the teacher on remediation status is still evaluated with an overall rating of Unsatisfactory at the end of the ninety (90) school day remediation plan, the Board shall automatically institute dismissal procedures against the teacher in accordance with the School Code.

Remediation Procedures. See Section C on page 56 for a listing of the remediation procedures that will be completed for each teacher receiving a rating of “Does Not Meet Expectations”.

Remediation Procedures. A remediation plan will be developed within 30 school days after a tenured teacher receives an “unsatisfactory” rating. The evaluator will conduct a mid-point and final evaluation which includes performance ratings during the remediation process. The evaluator will provide a written copy of the mid-point and final evaluation and ratings and discuss with the teacher within 10 school days after the date of the evaluation. Any teacher who successfully completes the remediation plan with a “proficient” or better rating must be evaluated in the school year immediately following the “unsatisfactory” rating. The evaluator will also select a “consulting teacher” to assist the teacher during the remediation period. The “consulting teacher” will be an educational employee that has at least five years’ teaching experience, a reasonable familiarity with the assignment of the teacher being evaluated, and who received an “excellent” rating on his or her most recent evaluation. Teachers who are asked to serve as a consulting teacher may decline without any adverse consequences. When no teachers who meet these criteria are available within the district, the district must request a “consulting teacher” from the Regional Office of Education.

Remediation Procedures. (i) Prior to the implementation of any plan to remediate any violation or alleged violation of any Environmental Law or any Hazardous Material or other environmental condition with respect to which it has rights of indemnification hereunder, Buyer shall provide reasonable written notice thereof to Seller setting forth such remediation plan and the estimated costs thereof. Seller shall have the right to approve Buyer's remediation plan, which approval shall not be unreasonably withheld and shall be deemed given if within ten (10) days after Seller's receipt of such remediation plan Seller fails to provide Buyer with written notice of its objection to such plan, identifying specific reasonable objections. Buyer shall revise the remediation plan to address any reasonable objections of Seller. Buyer's failure to provide such notice or plan of remediation or Buyer's implementation of a plan of remediation as to which Seller has objected shall not limit in any way Buyer's right to indemnification as set forth herein, but may give rise to a separate action by Seller against Buyer for any actual loss caused by a breach of this Section 9.4(c)(i), which action is subject to arbitration pursuant to Section 11.9. Notwithstanding the foregoing provisions of this Section 9.4(c)(i), in the event that Buyer reasonably and in good faith determines that it must act with immediacy to remediate any violation or alleged violation of any Environmental Law or any Hazardous Material or other environmental condition, it shall not be required to provide the notice or a plan of remediation to Seller as set forth in the first sentence of this Section 9.4(c)(i), but shall provide a copy of its remediation plan to Seller as promptly as is reasonably possible. In the event Buyer conducts remediation work for which it has rights of indemnification hereunder pursuant to a plan approved by Seller, Seller shall reimburse Buyer for the cost of such work. In the event Buyer conducts remediation work for which it has rights of indemnification hereunder that is not pursuant to a plan approved by Seller, Seller shall reimburse Buyer for the reasonable cost of such work. Subject to the foregoing, all such reimbursement payments shall be made by Seller to Buyer within ten (10) days after Seller's receipt of Buyer's written request therefor. (ii) Notwithstanding the foregoing provisions of this Section 9.4(c)(i), Buyer may at its option require that Seller remediate any violation or alleged violati...

Remediation Procedures. (a) For purposes of this Section 7.9, "On-Site Remediation Liabilities" means liabilities and obligations imposed under any Environmental Law for the clean-up or remediation of conditions existing at the Real Property prior to the Closing Date and for which Seller is obligated to indemnify Purchaser pursuant to Section 7.3 hereof; "Off-Site Remediation Liabilities" means liabilities and obligations of Composites imposed under any Environmental Law for the clean-up or remediation of conditions existing at real property other than the Real Property prior to the Closing Date and for which Seller is obligated to indemnify Purchaser pursuant to Section 7.3 hereof; and "Real Property" means the real property owned by Composites and included within the Manufacturing Facilities.

Remediation Procedures. Except as provided below, the Parties shall follow the general procedures for indemnification set forth in this Article VII with respect to any claim for indemnification pursuant to Section 7.2 or Section 7.3, relating to Remediation Liabilities, where either (x) the owner or primary tenant of the impacted property is a member of the Spinco Group but the Remediation Liability constitutes a Remainco Liability or (y) the owner or primary tenant of the impacted property is a member of the Remainco Group but the Remediation Liability constitutes a Spinco Liability. For such matters, if the Indemnifying Party acknowledges in writing that it is obligated to provide indemnification pursuant to this Section 7.10(b) with respect to such Remediation Liability, such Party (and members of its Group) shall be entitled (but shall not be required) to undertake the Remediation at the impacted property, subject to any right of any member of AgCo Group or MatCo Group to undertake such Remediation pursuant to the DWDP SDA. The Party (and members of its Group) performing the Remediation shall be referred to as the “Performing Party.”

Remediation Procedures. 1. Human Resources or the department supervisor will provide written notice to the employee of the time, place, and reason for the initial remediation meeting at least one (1) day in advance of such meeting. Copies of the notice will be provided to the union representative and a copy will be placed in the employee’s file. 2. At the initial meeting, the supervisor will inform the employee of the nature of the performance deficiencies and the actions necessary to correct them. 3. Within five (5) workdays after the initial meeting, the supervisor will prepare a written memorandum summarizing the performance deficiencies and the course of action required to correct them. The memo will include the tentative date for the follow-up meeting. A copy of this summary will be provided to the employee who will acknowledge receipt of the document with his/her signature. A signed copy will be provided to the Chief Human Resource Officer. 4. The remediation process is 90 calendar days. The remediation process can be extended by mutual agreement. After thirty (30) days, a memorandum from the employee’s supervisor will be provided, with the intent of giving the employee feedback about their progress through the remediation process. No meeting will be required. After sixty (60) days, a meeting will be scheduled to address these issues and a memorandum will follow the meeting. 5. After ninety (90) days at the final evaluation meeting, the supervisor shall inform the employee whether or not performance has been satisfactory. If performance has not improved satisfactorily, dismissal shall be considered. 6. Although it is expected that an employee will make reasonable efforts to improve and will receive the full remediation period to do so, if an employee does not make reasonable efforts to improve or demonstrates substantial misconduct or other substantial deficiencies, the remediation period may be terminated early. It is expected that both the employee and the supervisor will make reasonable efforts to communicate with each other throughout the remediation process regarding the employee’s progress and expectations thereof. 7. If remediation is successfully completed and the employee exhibits the same deficiencies within two (2) calendar years of the completion of the remediation process, no further remediation will be required and dismissal will be recommended without the need for further remediation.

Remediation Procedures. (a) In connection with Required Remedial Activities with respect to any Known Environmental Condition, Seller shall (i) prepare after the Closing Date, investigation, removal or remedial action plans (the "Remediation Plans") and afford Purchaser a reasonable opportunity to review and comment on such Post-Closing Plans, and (ii) obtain all necessary permits and governmental approvals necessary for the performance of Required Remedial Activities. (b) The Environmental Indemnitors shall have control over the performance of Required Remedial Activities and the implementation of the Remediation Plans and shall have authority to negotiate with governmental authorities concerning the nature and extent of any Required Remedial Activities or Remediation Plans, and to reach agreement with governmental authorities specifying the timetables and details for such Required Remedial Activities or Remediation Plans, provided, however, if the Environmental Indemnitees request, the Environmental Indemnitors shall first consult with the Environmental Indemnitees regarding the same (but the Environmental Indemnitees shall not thereby have any right of approval with respect thereto). (c) The Environmental Indemnitees agree to cooperate with the Environmental Indemnitors and the Environmental Indemnitors' agents in connection with the performance of Required Remedial Activities and the implementation of the Remediation Plans including, but not limited to, (i) giving reasonable assistance to the Environmental Indemnitors or their agents in obtaining any permits required to perform such Required

Remediation Procedures. If the Performing Party is not both (x) the owner of the real property (or, if such real property is leased or sub-leased from a Person who is not a member of the SpinCo Group or RemainCo Group, the primary tenant (or sub-tenant) of such real property as between the SpinCo Group or RemainCo Group) and (y) the only Party whose Group is using such real property, the following conditions shall apply to the performance of any Response Action: (i) the Performing Party shall take reasonable precautions to minimize any interference with or disruption of the operations of the property owners and/or any other parties that have operations at the site (including third-parties) (each such party that is a member of either Group, a “Non-Performing Impacted Party”), including obtaining the owner’s and/or the other operating parties’, as applicable, prior written Consent to any Response Action that would reasonably be expected to substantially interfere with or disrupt the operations of such Person at the affected real property, which Consent shall not be unreasonably withheld, conditioned or delayed; (ii) if a member of a Group other than that of the Performing Party is the owner of the real property (or, if such real property is leased or sub-leased from a Person who is not a member of the SpinCo Group or RemainCo Group, the primary tenant (or sub-tenant) of such real property as between the SpinCo Group or RemainCo Group) or otherwise has operational control of the impacted property (a “Non-Performing Site Controller”), such Non-Performing Site Controller shall, and shall cause the other members of the Group to, provide reasonable access to, and reasonably cooperate with, the Performing Party in its performance of such Response Action, it being understood that such cooperation shall in no event in and of itself require any Non-Performing Impacted Party or Non-Performing Site Controller to incur any out-of-pocket expenses; (iii) the Performing Party shall use reasonable efforts to avoid and minimize any harm to any persons or damage to real or personal property, and shall be responsible for any harm or damages resulting from the performance of any such Response Action, except to the extent such harm or damage results from the negligence or willful misconduct of such other Party or any member of its Group or any of their respective representatives; and (iv) all required Response Actions shall be diligently and expeditiously performed in compliance with all applicable Law...