Removal and Discharge Sample Clauses

Removal and Discharge. Buyer, upon at least thirty (30) days’ prior written notice to Custodian, and Seller, may remove and discharge Custodian (or any successor custodian thereafter appointed) from the performance of its obligations under this Agreement; provided, that such removal and discharge shall require the prior written consent of Seller (such consent not to be unreasonably withheld, conditioned or delayed), unless a Default or an Event of Default shall have occurred and be continuing under the Repurchase Agreement, in which case, no such consent of Seller shall be required. Promptly after the giving of notice of removal of Custodian, Buyer shall appoint, by written instrument, a successor custodian. One original counterpart of such instrument of appointment shall be delivered to Seller, Buyer, Custodian and the successor custodian. In the event that no successor custodian shall have been appointed within such 30-day notice period, Custodian may petition any court of competent jurisdiction to appoint a successor custodian. All fees, costs, and expenses (including attorneys’ fees and expenses) incurred by Custodian in connection with any such petition shall be paid (or otherwise reimbursed to Custodian) by Seller; provided, however, that if such petition is the result of Buyer’s failure to appoint a successor custodian pursuant to this Section 7.02, all such fees, costs and expenses shall be paid by Buyer. The appointment of a successor custodian shall not be effective until such successor custodian executes a custodial agreement substantially similar to this Agreement.
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Removal and Discharge. Buyer, upon at least thirty (30) days' prior written notice to Custodian and Seller, may remove and discharge Custodian (or any successor custodian thereafter appointed) from the performance of its obligations under this Agreement. Promptly after the giving of notice of removal of Custodian, ▇▇▇▇▇ shall appoint, by written instrument, a successor custodian. One original counterpart of such instrument of appointment shall be delivered to Seller, Buyer, Custodian and the successor custodian. In the event that no successor custodian shall have been appointed within such thirty (30) day notice period, Custodian may petition any court of competent jurisdiction to appoint a successor custodian. All fees, costs, and expenses (including attorneys' fees and expenses) incurred by Custodian in connection with any such petition shall be paid (or otherwise reimbursed to Custodian) by ▇▇▇▇▇▇. The appointment of a successor custodian shall not be effective until such successor custodian executes a custodial agreement substantially similar to this Agreement.
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Removal and Discharge. However, if in the opinion of either the employee or Employer, personal problems on the part of the employee are interfering with his/her job performance, referral to the Employee Assistance and Referral Program (▇.▇.▇.▇.) may be offered the employee. If the employee then chooses to utilize the ▇.▇.▇.▇., all disciplinary action then pending will be held in abeyance for a period of three (3) months. During that time: 1. If requested by the employer or the employee, the employee shall take an unpaid leave while completing ▇.▇.▇.▇. 2. The Employer will be authorized to monitor the attendance and maintenance of effort of the employee in treatment. 3. A release of information authorization will be signed by the employee. 4. In the event that a reasonable rate of attendance and maintenance of effort are not evidenced, upon prior notification to the Union, the three (3) month grace period will immediately cease and the employee will be subject to normal disciplinary measures. 5. Any cost associated with an ▇.▇.▇.▇., shall be borne by either the employee's insurance if such coverage is provided or by the employee. Nothing in this section shall prevent the Employer from taking immediate and appropriate disciplinary action up to and including discharge should it be required by the circumstances and for just cause. (c) Should it become necessary to reprimand an employee the Employer shall attempt to give the reprimand in such a way that will not cause embarrassment for the employee before other employees or the public. (d) The Employer agrees upon imposing a written reprimand, the Unit Chairperson will be notified within three (3) working days in writing of the action taken. (e) The Employer agrees that in the cases of a suspension or discharge, the employee shall have the opportunity to meet with his/her Union representative on the Employer's premises prior to leaving the facility. (f) Should the suspension, discharge or discipline be deemed improper a written grievance may be filed at step 2. (g) Employees may review their personnel files at reasonable times. (h) Use of past record in imposing any discipline or discharge on a current charge, the Employer will not take into account any prior infractions that occurred more than two (2) calendar years previously. Exceptions to this one (l) year limitation of review of records shall be any discipline that resulted in a suspension that was not reversed by the grievance procedure. Suspensions shall be subject to review u...
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Removal and Discharge. However, if in the opinion of either the employee or management, personal problems on the part of the employee are Interfering with his/her job performance, referral to the Employee Assistance Program (E.A.P.) may be offered to the employee. If the employee then chooses to utilize the E.A.P., all disciplinary action then pending will be held in abeyance for a period of three(3) months. During that time the Employer will be authorized to monitor the attendance and maintenance of effort of the employee in treatment. A "release of information" authorization will be signed by the employee. In the event that a reasonable rate of attendance and maintenance of effort are not evidenced, upon prior notification to the Union, the three (3) month grace period will immediately cease and the employee will be subject to normal disciplinary measures. However, nothing in this section shall prevent the Employer from taking Immediate and appropriate disciplinary action up to and including discharge should it be required by the circumstances and for just cause.
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Removal and Discharge. Nothing in this Section shall prevent the Supervisor from taking immediate and appropriate disciplinary action at any level should it be required by the circumstances, with proper notice thereof to the Union at the time such immediate action is taken. 14.2 The employee shall have the right to be represented by a Union representative at all stages of disciplinary investigations and hearings. All disciplinary action for non-probationary employees shall be subject to the Grievance Procedure, which procedure is the exclusive remedy for alleged violations of this Agreement. 14.3 Each employee shall be permitted to review his/her personnel records and to take such other action as is provided in accordance with the ▇▇▇▇▇▇▇- 14.4 The Employer shall not use to justify current discipline any prior discipline action issued two years prior to the current incident. If during the said two years, there has been no further discipline of the employee, the prior disciplinary action will be removed from the personnel file, upon request.
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Removal and Discharge. The Board may remove any officer of the Corporation, with or without cause, at any meeting called for that purpose and may elect or appoint others in their place or places. Any officer or employee of the Corporation, not being a member of the Board, may also be removed and discharged, either with or without cause, by the Chairman of the Board or the President. If, however, there be a contract with an officer or employee derogating from the provisions of this Section, such removal or discharge shall, be subject to the provisions of such contract.
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Removal and Discharge. The Purchaser, upon at least thirty (30) days’ prior written notice to the Custodian, may remove and discharge (with or without cause) the Custodian (or any Successor Custodian thereafter appointed) from the performance of its obligations under this Agreement. Promptly after the giving of notice of removal of the Custodian, the Purchaser shall appoint, by written instrument, a Successor Custodian. One original counterpart of such instrument of appointment shall be delivered to each of the Purchaser, the Seller, the Custodian and the Successor Custodian.
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Related to Removal and Discharge

  • Satisfaction and Discharge SECTION 401.

  • Suspension and Discharge An employee who has not completed the probationary period may be released without appeal through the grievance procedure. Employees having successfully completed their probationary period shall only be disciplined or discharged for just cause. Prior to suspending or discharging an employee, provided they have completed their probationary period, such employee and the Union ▇▇▇▇▇▇▇ shall be given the reasons in writing, by the Employer, for the suspension or discharge.

  • Release and Discharge 11.1 The acceptance by the Designer of the last payment under the provisions of Article 6.5 or Article 12 in the event of termination of the Contract, shall in each instance, operate as and be a release to the Owner and the Authority and their employees and officers, from all claims of the Designer and its Subconsultants for payment for services performed and/or furnished, except for those written claims submitted by the Designer to the Owner with, or prior to, the last invoice.

  • DISCIPLINE AND DISCHARGE A. Disciplinary actions or measures shall include but not be limited to the following: Oral Reprimand Written Reprimand Suspension - Maximum of 30 days (notice given in writing) Discharge - (notice given in writing) A demotion in classification may be substituted by the Employer in place of a suspension or a discharge; a disciplinary transfer may be made in lieu of an oral or written reprimand. Discipline shall be uniformly applied using a progressive disciplinary procedure, where appropriate. B. Disciplinary action may be imposed upon an employee only for failure to fulfill his/her responsibilities as an employee. Suspensions of less than ten (10) days and lesser disciplining actions may be administered by the Superintendent or his/her designee. C. No discipline of record shall be given to any employee until the employee has read the written statement and had an opportunity to attach a statement of explanation or rebuttal; or if the employee so desires, be given a hearing. At such hearing, the employee may have Union representation. The employee will be asked to sign the disciplinary report to signify knowledge of the statement only. The signature will not be interpreted to signify acceptance or denial of guilt of the charges or statement. D. Upon request by the employee, records of oral and written reprimands shall be removed from an employee's record twelve (12) months from the date of the offense and records of suspensions shall be removed from an employee's records two (2) years from the date of the offense. E. The Employer shall not discipline or discharge any employee without just cause. Any disciplinary action may be appealed through the grievance procedure. Steps of the grievance procedure may mutually be waived in order that the grievance may be filed with the person issuing such disciplinary actions.

  • Good Discharge (a) Any payment to be made in respect of the Secured Liabilities by the Security Agent may be made to the Facility Agent on behalf of the Secured Parties and any payment made in that way shall be a good discharge, to the extent of that payment, by the Security Agent. (b) The Security Agent is under no obligation to make the payments to the Facility Agent under paragraph (a) above in the same currency as that in which the obligations and liabilities owing to the relevant Finance Party are denominated.