Separate and distinct Trusts Clause Samples
Separate and distinct Trusts. Each Trust shall be a separate and distinct trust fund held by the Trustee on separate and distinct terms and conditions.
Rights and discretions (a) The Agent may rely on: (i) any representation, notice or document (including, without limitation, any notice given by a Lender pursuant to paragraph (b) or paragraph (c) of Clause 28.2 (Disenfranchisement on Debt Purchase Transactions entered into by Investor Affiliates)) believed by it to be genuine, correct and appropriately authorised; and (ii) any statement made by a director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. (b) The Agent may assume (unless it has received notice to the contrary in its capacity as agent for the Lenders) that: (i) no Default has occurred (unless it has actual knowledge of a Default arising under Clause 26.1 (Non-payment)); (ii) any right, power, authority or discretion vested in any Party or the Majority Lenders has not been exercised; (iii) any notice or request made by the Company (other than a Utilisation Request) is made on behalf of and with the consent and knowledge of all the Obligors; and (iv) no Notifiable Debt Purchase Transaction: (A) has been entered into; (B) has been terminated; or (C) has ceased to be with an Investor Affiliate. (c) The Agent may engage, pay for and rely on the advice or services of any lawyers, accountants, surveyors or other experts. (d) The Agent may act in relation to the Finance Documents through its personnel and agents. (e) The Agent may disclose to any other Party any information it reasonably believes it has received as agent under this Agreement. (f) Without prejudice to the generality of paragraph (e) above, the Agent may disclose the identity of a Defaulting Lender to the other Finance Parties and the Company and shall disclose the same upon the written request of the Company or the Majority Lenders. (g) Notwithstanding any other provision of any Finance Document to the contrary, none of the Agent or the Arranger is obliged to do or omit to do anything if it would or might in its reasonable opinion constitute a breach of any law or regulation or a breach of a fiduciary duty or duty of confidentiality. (h) The Agent is not obliged to disclose to any Finance Party any details of the rate notified to the Agent by any Lender or Base Reference Bank or the identity of any such Lender or Base Reference Bank for the purpose of Clause 14.2(a)(ii) (Market Disruption).
DISCHARGE AND DISCIPLINE (a) Each employee must be provided in writing with all notations of derogatory or disciplinary action, which are to be placed on the employee records. Unless such notation is made in writing to the employee, the Board will not use such incident as part of the employee’s past record to justify a later disciplinary action. Such notice must be given to the employee within ten (10) working days of the discovery of the occurrence-giving rise to the action. In such cases, the President of the Union shall be notified by mail that the employee has been disciplined or received a derogatory notation. Any written reply made by an employee to a derogatory notation, disciplinary action or performance appraisal shall be included in the employee’s personnel file provided such reply is received by the Board within ten (10) working days of the occurrence. The time limits in 12.01 shall be observed hereto, except where an extension of such time limits is mutually agreed upon. (b) Notwithstanding 12.01 (a) above, in the event that an investigation is deemed necessary by the Board, and/or the Police, the CAS or any other outside agency, the Board shall notify the employee in writing that an investigation is being conducted. Such notice shall include the general nature of the investigation and a copy of the letter shall be sent to the President of the Union. 12.02 If an employee who has attained seniority is discharged, demoted or suspended and the employee feels that the employee has been unjustly discharged, demoted or suspended, then the case may be taken up as a grievance. If such a grievance is undertaken, it shall begin at Step No. 2, provided that such grievance is submitted in writing to the Manager, Employee Relations within five (5) working days of the discharge, demotion or suspension. 12.03 When an employee is to be disciplined in writing or discharged, the employee shall: (a) be so advised by the supervisor or a senior member of management; (b) be advised of the time and place of the discipline or termination meeting; (c) be accompanied by the President of the Union or designate; (d) be given the reasons for the discipline or discharge at such meeting. 12.04 An employee may request in writing to the Manager, Employee Relations to have a written warning removed from the employee's personnel record after two years, providing no subsequent written warning or disciplinary action has been placed on the employee's personnel record in the intervening two (2) year period. The decision of the Manager, Employee Relations shall be final and binding and communicated in writing to the employee.
Permitted Uses and Disclosures of PHI and the third party notifies the Business Associate of any instances of which it is aware in which the confidentiality of the information has been breached.
SUSPENSION AND DISCIPLINE 21.01 Discipline may be imposed where just cause exists and will be levied in a timely fashion. Generally, discipline is intended to correct undesirable behaviour or conduct and, where appropriate, shall be progressive in nature. 21.02 Prior to any discipline being imposed, the employee will be given notice in writing to attend a meeting, during which there shall be an opportunity for full discussion between the employee and the employee’s Manager. The notice will contain the subject matter to be discussed at the meeting and the employee shall be advised of his/her right to have an Association representative attend as an advisor. The management representative also has the right to have a labour relations representative attend as an advisor. At the meeting the employee and the Association representative may make representations and ask questions concerning the events and circumstances. Unless otherwise agreed, the unavailability of an advisor will not delay the meeting for more than one (1) working day from the date of notification to the employee. 21.03 When an employee is required to attend a meeting, the purpose of which is to render a disciplinary decision concerning him or her, the employee is entitled to have, at his or her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable. 21.04 The employee and the Association representative shall be notified in writing of any disciplinary action except an oral warning, taken against the employee by the Company within a reasonable period of time of that action having been taken. 21.05 When an employee is required to attend a meeting, the purpose of which is to demote or terminate him/her for non-disciplinary reasons, he/she is entitled to have, at his/her request, a representative of the Association attend the meeting. Where practicable, the employee shall receive a minimum of one (1) day’s notice of such a meeting. The Employer will agree where possible to an additional day of extension where the Association representative is unavailable. 21.06 When any discipline is found to be unjustified all documents referring to the discipline imposed shall be removed as soon as reasonably possible from the employee’s record and destroyed. 21.07 NAV CANADA agrees not to introduce as evidence in a hearing relating to disciplinary action any document or written statement concerning the conduct of an employee unless that employee has been provided with a copy of that document or statement within a reasonable period before that hearing. 21.08 Any document or written statement to disciplinary action, which may have been placed on the NAV CANADA file of an employee shall be removed and destroyed after two (2) years have elapsed since the disciplinary action was taken, provided that no further disciplinary action has been recorded during this period. The Employer shall inform the employee in writing of the destruction of any document or written statement related to disciplinary action. 21.09 The NAV CANADA Code of Business Conduct will not be interpreted as restricting an employee from exercising his or her obligations flowing from the ethical standards of the professional body to which the employee belongs. 21.10 NAV CANADA agrees to make available to each employee covered by this agreement the NAV CANADA Code of Business Conduct and any subsequent amendments made thereto. 21.11 Employees who, in good faith, raise a concern or report any clear or suspected illegal, unethical or improper acts or activities shall not be disciplined nor adversely affected as a result of reporting the violation.
Printing and Distribution The School District will, at its own expense, print sufficient copies of this Agreement for present and new employees.