Common use of Specific Events Clause in Contracts

Specific Events. Upon the occurrence of one of the following specific events— (a) a significant change in the nature of the business (or segment thereof) in which the Participating Employee earns tips (e.g., Employer converts upscale restaurant into coffee shop), (b) a decrease of 20 percent or more in the Employer’s gross monthly revenue as compared to the same month of the previous year, or (c) a drop below 50 percent in the participation rate of any Occupational Category as of the participation measurement date, the Employer may request that the Service agree to a modification in the relevant Tip Rate of an affected Participating Employee within an Occupational Category (e.g., an outlet or shift) that is appropriate in amount and duration, which consent shall not be un- reasonably withheld. The process established in this paragraph B.(3) for the revision of a Tip Rate upon the occurrence of specific events in no way limits the circumstances that may give rise to a request for revision of a Tip Rate under the mutual agreement process described in paragraph B.(2) of this section.