Required Notices Upon Requests or Demands for Confidential Information Except as otherwise expressly provided herein, no Party shall disclose Confidential Information to any person not employed or retained by the Party possessing the Confidential Information, except to the extent disclosure is (i) required by law; (ii) reasonably deemed by the disclosing Party to be required to be disclosed in connection with a dispute between or among the Parties, or the defense of litigation or dispute; (iii) otherwise permitted by consent of the other Party, such consent not to be unreasonably withheld; or (iv) necessary to fulfill its obligations under this Agreement, the ISO OATT or the NYISO Services Tariff. Prior to any disclosures of a Party’s Confidential Information under this subparagraph, or if any third party or Governmental Authority makes any request or demand for any of the information described in this subparagraph, the disclosing Party agrees to promptly notify the other Party in writing and agrees to assert confidentiality and cooperate with the other Party in seeking to protect the Confidential Information from public disclosure by confidentiality agreement, protective order or other reasonable measures.
PROCEDURE FOR DEALING WITH SAFETY ISSUES OR INCIDENTS 11.1 The Employer, the Employees and the Union agree that for the purposes of s. 81 of the WHS Act matters about work health and safety arising at the workplace shall be resolved in accordance with this procedure.
11.2 The Parties agree that for the purposes of this procedure and s. 81(3) of the WHS Act the following persons shall be the representatives of the following parties:
(a) the Principal Contractor (as defined in the WHS Act) - Site Manager or any other person nominated by the Principal Contractor
(b) the Employers - the Site Manager or any other person nominated by the Employer(s)
(c) The Employees - the Union or other representatives. (Collectively referred to as "Nominated Parties”)
11.3 The Nominated Parties agree that representatives shall be entitled to:
(a) inspect any work system, plant, substance, structure, or other thing relevant to resolving the issue
(b) consult with relevant Employees in relation to resolving the issue
(c) consult with the relevant PCBU (as defined in the WHS Act) about resolving the issue
(d) inspect and take copies of any document that is directly relevant to resolving the issue; and
(e) advise any person whom the representative reasonably believes to be exposed to a serious risk to his or her health and safety, emanating from an immediate and imminent exposure to a hazard of that risk.
11.4 The Nominated Parties and/or their representatives may commence the procedure by informing, either by themselves or their representative, the other Parties and/or representatives that:
(a) there is an issue to be resolved; and
(b) the nature and scope of the issue.
11.5 As soon as the Parties and/or their representatives are informed of the issue, the Nominated Parties and/or their representatives must meet or communicate with each other to attempt to resolve the issue.
11.6 The Nominated Parties and/or their representatives must have regard to all relevant matters including:
(a) the degree and imminent risk to the Employees or other persons affected by the issue.
(b) the number and location of Employees and other persons affected by the issue.
(c) the measures both temporary and permanent that must be implemented to resolve the issue.
(d) who will be responsible for implementing the resolution measures.
(e) whether the hazard or risk can be isolated; and
(f) the time that may elapse before the hazard or risk is permanently corrected.
11.7 Once the issue is resolved details of the issue and its resolution must be set out in writing with all Nominated Parties and/or their representatives to be satisfied that the agreement reflects the resolution of the issue with a copy given to all Nominated Parties and/or their representatives to the issue. The issue, once resolved, shall be recorded in the next safety committee meeting minutes with the agreed resolution.
11.8 The Nominated Parties and/or their representatives must make reasonable efforts to achieve a timely and final resolution of the issue. If within a reasonable time there is still no resolution, any of the Nominated Parties attempting to resolve the issue may then ask Work Health and Safety Queensland, and/or the QBCC, where applicable, to arrange for an inspector to attend the workplace to assist in resolving the issue.
11.9 Direction to cease work
(a) If -
(i) an issue concerning health or safety arises at a workplace or from the conduct of the undertaking of the Employer; and
(ii) the issue concerns work which involves an immediate threat to the health or safety of any person; and
(iii) given the nature of the threat and degree of risk, it is not appropriate to adopt the processes set out in clause 11.7 above
(b) the Employer and/or the health and safety representative for the designated work group in relation to which the issue has arisen may, after consultation between them, direct that the work is to cease.
(c) During any period for which work has ceased in accordance with such a direction, the Employer may assign any Employees whose work is affected to suitable and safe alternative work.
11.10 Fundamental to this process is a standing invitation for Union representatives to attend site to assist with all matters relating to health and safety.
11.11 Employees are not required to work in circumstances where the employee or a Union representative reasonably believes a safety law is being, or will be, contravened. Consultation between the relevant parties will occur throughout this procedure including with senior representatives of the Employer and the Union.
Court Ordered Requests for Call Detail Records and Other Subscriber Information 7.1 To the extent technically feasible, BellSouth maintains call detail records for Mpower end users for limited time periods and can respond to subpoenas and court ordered requests for this information. BellSouth shall maintain such information for Mpower end users for the same length of time it maintains such information for its own end users.
7.2 Mpower agrees that BellSouth will respond to subpoenas and court ordered requests delivered directly to BellSouth for the purpose of providing call detail records when the targeted telephone numbers belong to Mpower end users. Billing for such requests will be generated by BellSouth and directed to the law enforcement agency initiating the request.
7.3 Where BellSouth is providing to Mpower telecommunications services for resale or providing to Mpower the local switching function, then Mpower agrees that in those cases where Mpower receives subpoenas or court ordered requests regarding targeted telephone numbers belonging to Mpower end users, if Mpower does not have the requested information, Mpower will advise the law enforcement agency initiating the request to redirect the subpoena or court ordered request to BellSouth. Where the request has been forwarded to BellSouth, billing for call detail information will be generated by BellSouth and directed to the law enforcement agency initiating the request.
7.4 In all other instances, Mpower will provide Mpower end user and/or other customer information that is available to Mpower in response to subpoenas and court orders for their own customer records. When BellSouth receives subpoenas or court ordered requests regarding targeted telephone numbers belonging to Mpower end users, BellSouth will advise the law enforcement agency initiating the request to redirect the subpoena or court ordered request to Mpower.
Requests for Information The Grantee shall fully and promptly comply with all reporting requirements and requests for information issued by the Department or its authorized designee. The Grantee shall provide such information in the format requested by the Department. The Grantee shall ensure that its staff, interns, volunteers, and subcontractors comply in a timely and complete manner with all the Department’s requests for information. The Grantee shall comply in a timely manner with requests by the Department or its authorized designee for financial information, records, and documents related to evaluating costs of programs and ser vices provided by the Grantee’s probation department. The Grantee shall timely submit any files or records of the Grantee’s juvenile probation department, or any facility or program operated by or under the authority of the Grantee, requested by the Department or its authorized designee as a part of the monitoring, auditing, or investigatory process.
General Notices Except for notices pursuant to Sections 7.6 and 7.7, all notices to be given under or in relation to this Agreement will be given either (i) in writing at the address of the appropriate party as set forth below or (ii) via facsimile or electronic mail as provided below, unless that party has given a notice of change of postal or email address, or facsimile number, as provided in this Agreement. All notices under Sections 7.6 and 7.7 shall be given by both posting of the applicable information on ICANN’s web site and transmission of such information to Registry Operator by electronic mail. Any change in the contact information for notice below will be given by the party within thirty (30) calendar days of such change. Other than notices under Sections 7.6 or 7.7, any notice required by this Agreement will be deemed to have been properly given (i) if in paper form, when delivered in person or via courier service with confirmation of receipt or (ii) if via facsimile or by electronic mail, upon confirmation of receipt by the recipient’s facsimile machine or email server, provided that such notice via facsimile or electronic mail shall be followed by a copy sent by regular postal mail service within three (3) calendar days. Any notice required by Sections 7.6 or 7.7 will be deemed to have been given when electronically posted on ICANN’s website and upon confirmation of receipt by the email server. In the event other means of notice become practically achievable, such as notice via a secure website, the parties will work together to implement such notice means under this Agreement. If to ICANN, addressed to: Internet Corporation for Assigned Names and Numbers ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇, ▇▇ 90094-‐2536 USA Telephone: +1-‐310-‐301-‐5800 Facsimile: +1-‐310-‐823-‐8649 Attention: President and CEO With a Required Copy to: General Counsel Email: (As specified from time to time.) If to Registry Operator, addressed to: Asia Green IT System Bilgisayar San. ve Tic. Ltd. Sti. ▇▇. ▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇, ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇., ▇▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ Telephone: +90-‐212-‐319-‐38-‐87 Facsimile: +90-‐212-‐319-‐38-‐02 Attention: Fatih Atasoy, Technical Manager Email: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇