Facility Personnel. (a) MCA shall terminate the employment of all employees providing services at the Facility (the “Current Employees”) as of 11:59:59 p.m. on April 8, 2023 (“Employee Transfer Time”). Manager shall not be bound by or required to assume any employment contracts to which MCA may be a party. Prior to the Employee Transfer Time, MCA shall continue to employ all employees providing services and the Facility, subject to Manager’s services provided herein.
Facility Personnel. On behalf of Tenant, Manager shall recruit, train, promote, direct, discipline, suspend and discharge personnel of the Facilities; establish salary levels, personnel policies and employee benefits; and establish employee performance standards, all as needed during the term of this Agreement to secure the initial licensure of the Facilities and to ensure the efficient operation of all departments within and services offered by the Facilities. All of the personnel of the Facilities, including an on-site administrator, shall be the employees of the applicable Tenant and the salaries, bonuses, commissions and benefits paid to such employees shall be deemed to be a Facility operating expense. Manager shall use best efforts to assure compliance with all applicable employment, wrongful discharge, anti-discrimination, occupational safety and health and other similar laws and regulations affecting the employment of all such personnel. In addition, Manager shall only negotiate any collective bargaining agreement or other agreement with any labor union lawfully entitled to represent all or any employees after consulting with and upon the advice of Tenant.
Facility Personnel. Prior to the Commercial Operation Date, personnel capable of starting, operating, and stopping the Facility shall be continuously available, either at the Facility or capable of being at the Facility on no more than thirty (30) minutes notice, and shall be continuously reachable by phone or pager. Prior to the Commercial Operation Date, if Company notifies Seller of a period of potentially critical turbine starts at least thirty (30) minutes prior to the beginning of such period, then personnel capable of starting, running, and stopping the Facility shall be continuously available at the Facility during such identified critical period. Beginning with the date that Seller achieves the Commercial Operation Date, personnel capable of starting, operating, and stopping the Facility shall be continuously available at the Facility twenty-four (24) hours a day, seven (7) days a week.
Facility Personnel. (a) Purchaser shall offer employment to those employees of the Facility listed on Schedule 4.14A to the Seller Disclosure Schedule who are employees of Seller and actively at work as of the Closing Date (the "SLCM Employees"), with base salaries (including shift differential) at least as favorable to each SLCM Employee as existing on the Closing Date with respect to his or her employment by Seller. As of Closing Date, Purchaser shall offer employment at the Facility to each Other Employee, such employment to commence at the time such Other Employee returns from leave (regardless of when such return may occur), with base salary (including shift differential) at least as favorable to such Other Employee as existing on the Closing Date with respect to his or her employment by Seller. An Other Employee shall not be treated as an employee of Purchaser prior to the date he or she is hired by Purchaser in accordance with the preceding sentence upon his or her return from leave. Purchaser shall not be liable for any payments to or benefits for an Other Employee preceding such date of hire. From and after the Closing, Purchaser shall have complete discretion to extend to the SLCM Employees and Other Employees such employee benefits, if any, as it determines, subject only to this Agreement. Following the Closing Date, Parent shall grant options to purchase Parent's capital stock to some or all of the SLCM Employees and Other Employees, as determined by Parent, in an aggregate amount equal to not less than 0.00756 of Parent's outstanding common stock as of the Closing Date. Such options will have a per share exercise price equal to the then per share fair market value of Parent's common stock as determined in good faith by Parent's board of directors, as soon as practicable after the Closing Date.
Facility Personnel. Beginning with the date that Seller achieves the Commercial Operation Date, Seller’s personnel capable of starting, operating and stopping the Facility (“Facility Personnel”) shall be continuously available at the Facility during all hours of every Day.
Facility Personnel. Xxxxx shall hire Facility staff, including all on-site and off-site management personnel, golf professional staff, assistant golf professional staff, golf course superintendents, food and beverage staff, house and grounds maintenance personnel, janitorial staff, and others deemed by Maxim to be appropriate for the efficient operation of the Facilities and to the extent authorized by the Budget for the Facilities as approved by Owner; provided, however, that Owner shall have the right to approve the selection or removal of the golf course head professional, general manager, and golf course superintendent, such approval not to be unreasonably withheld or delayed. All Facilities personnel shall be hired by and be employees of, Xxxxx, except that Xxxxx xxx, in its discretion, elect to have some routine functions, such as janitorial functions, performed by independent contractors rather than employees. Xxxxx will not prevent any of the personnel employed at the Facilities from going to work for Owner or another management company in the event this Agreement expires or is terminated. At termination, Owner and Xxxxx shall have the right to offer employment to any employee of the Facilities. During the term of this Agreement, Xxxxx shall not remove or relocate the General Manager, and/or the golf course superintendent of the Golf Facility to another Facility managed by Maxim without obtaining prior Owner consent, which will not be unreasonably withheld or delayed.
