Inspection The Issuer shall, with reasonable prior notice, permit any representative of the Indenture Trustee, during the Issuer’s normal business hours, to examine the books of account, records, reports and other papers of the Issuer, to make copies and extracts therefrom, to cause such books to be audited by Independent certified public accountants, and to discuss the Issuer’s affairs, finances and accounts with the Issuer’s officers, employees, and Independent certified public accountants, all at such reasonable times and as often as may be reasonably requested. The Indenture Trustee shall and shall cause its representatives to hold in confidence all such information except to the extent disclosure may be required by law (and all reasonable applications for confidential treatment are unavailing) and except to the extent that the Indenture Trustee may reasonably determine that such disclosure is consistent with its obligations hereunder.
Records The Administrator shall maintain appropriate books of account and records relating to services performed hereunder, which books of account and records shall be accessible for inspection upon reasonable written request by the Issuer, the Seller and the Indenture Trustee at any time during normal business hours.
SENIORITY 10.01 For Employees who are employed in the bargaining unit on the date of ratification of this Collective Agreement, seniority shall be defined as their total length of service with the Company in positions now covered by this Collective Agreement. For Employees who are hired or who transfer into the bargaining unit after the date of ratification, seniority shall be defined as their total length of service in the bargaining unit, dating from their first date of employment in the bargaining unit. 10.02 Seniority shall be defined as the total length of service in the bargaining unit dating from the Employee’s first date of employment in the bargaining unit. 10.03 An Employee who transfers or is re-hired to a position outside the bargaining unit shall, if the Employee returns to the bargaining unit, retain all seniority that the Employee had prior to leaving the bargaining unit, including the first six (6) consecutive months of time spent out of the bargaining unit. 10.04 Employees will lose their seniority and their name will be removed from the seniority list and their employment will be considered terminated under the following circumstances: (a) When discharged for just cause and not reinstated; (b) When an Employee voluntarily leaves the Company; (c) When laid off for a period in excess of their recall rights as set out in Article 11.04; (d) Desertion of service; (e) When retired; (f) When an Employee is absent from work without notice to the Company for two (2) or more consecutive scheduled shifts; (g) When an Employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the Company; unless an explanation satisfactory to the Company is given by the Employee; (h) When an Employee utilizes a leave of absence for reasons other than those for which it was granted; (i) When an Employee fails to return to work immediately after the Company has been notified by a doctor or WSIB that the employee is able to return to work; (j) When an Employee receives notice of recall to work following a layoff, by telephone or by email or registered mail, and fails to advise the Company if the Employee wishes to accept the recall within twenty (24) hours after having received such telephone call or notice, or fails to report to work within ten (10) calendar days from the date of advising the Company of the Employee’s intent to return. Such mailing or email shall be to the last address or email address of the Employee that the Company has in its files for that Employee, and such mailings shall be deemed to have been received by the Employee. 10.05 No later than April 15th and September 15th, the Company will post a seniority lists for full time Employees, regular part time Employees and casual part time Employees, and provide a copy of same to the Local Union. The list will contain the following information for each Employee: – Name, – Classification, – Employee Number, – Bargaining Unit Seniority, expressed in terms of start date. 10.06 It shall be the responsibility of each individual Employee to ensure that their seniority as listed is correct. Employees shall have fourteen (14) days from the first day of posting to grieve for the purpose of having the seniority list corrected, after which time the list will not be changed. 10.07 When two (2) or more Employees have the same Bargaining Unit Seniority, their position on the seniority list shall be determined by drawing the names by lot. 10.08 Upon the return to work of an Employee who has been on an authorized leave of absence because of illness or injury, the Employee will return to their former position, if the position is still available and if the Employee is capable of performing the work, otherwise the Employee will be offered, in accordance with their seniority, other available work which the Employee is capable of performing, in accordance with this Article and the duty to accommodate. These obligations shall be subject to the Employee providing satisfactory evidence of ability from a Doctor.
Procedure If any action is brought against an Underwriter, a Selected Dealer or a Controlling Person in respect of which indemnity may be sought against the Company pursuant to Section 6.1, such Underwriter, such Selected Dealer or Controlling Person, as the case may be, shall promptly notify the Company in writing of the institution of such action and the Company shall assume the defense of such action, including the employment and fees of counsel (subject to the reasonable approval of such Underwriter or such Selected Dealer, as the case may be) and payment of actual expenses. Such Underwriter, such Selected Dealer or Controlling Person shall have the right to employ its or their own counsel in any such case, but the fees and expenses of such counsel shall be at the expense of such Underwriter, such Selected Dealer or Controlling Person unless (i) the employment of such counsel at the expense of the Company shall have been authorized in writing by the Company in connection with the defense of such action, or (ii) the Company shall not have employed counsel to have charge of the defense of such action, or (iii) such indemnified party or parties shall have reasonably concluded that there may be defenses available to it or them which are different from or additional to those available to the Company (in which case the Company shall not have the right to direct the defense of such action on behalf of the indemnified party or parties), in any of which events the reasonable fees and expenses of not more than one additional firm of attorneys selected by such Underwriter (in addition to local counsel), Selected Dealer and/or Controlling Person shall be borne by the Company. Notwithstanding anything to the contrary contained herein, if any Underwriter, Selected Dealer or Controlling Person shall assume the defense of such action as provided above, the Company shall have the right to approve the terms of any settlement of such action which approval shall not be unreasonably withheld.
Audit Notwithstanding any other audit requirement, H-GAC reserves the right to conduct or cause to be conducted an independent audit of any transaction under this Agreement, such audit may be performed by the H-GAC local government audit staff, a certified public accountant firm, or other auditors designated by H-GAC and will be conducted in accordance with applicable professional standards and practices. The Contractor understands and agrees that the Contractor shall be liable to the H-GAC for any findings that result in monetary obligations to H-GAC.