Application of this Article. Meetings of Shareholders shall consist of Shareholders of any Series (or Class thereof) or of all Shareholders, as determined pursuant to the Declaration of Trust, and this Article shall be construed accordingly.
Application of this Article. 12.4.1 The parties will jointly develop and maintain an operating plan consistent with the provisions of this Article. Such plans will be approved by the appropriate Company official and the Power Workers’ Union Vice President. Failure to jointly develop an operating plan will not adversely affect either party’s rights under the provisions of this Article. These operational plans will include: • An approach for the development and delivery of joint training of decision makers • An identification of the type of contracts that are not subject to an in-depth review. • A guideline for a time table on how often contracts of a recurring nature must be reviewed under this Article. • A process for joint review of potential contracts which involve work normally performed by PWU represented employees and other stakeholders. • A process and a time frame for decision making. • An internal process for dispute resolution.
Application of this Article. This Article is intended to define the normal hours of work per day or per week and provide the basis for the calculation of, and payment of, overtime and shall not be construed as a guarantee of hours of work per day or per week, or a guarantee of days of work per week.
Application of this Article. The parties agree that complaints and grievances related to this Article shall be outside the grievance and arbitration processes and will be handled directly by the Union and the Chief of the Labor and Employee Relations Unit. Nothing herein shall preclude either party from pursuing any other remedies at law.
Application of this Article. Any provision of this Article 3 to the contrary notwithstanding, this Article shall apply only to the extent of any benefits of a Participant under the Plan that are not subject to Section 409A of the Internal Revenue Code, as determined in accordance with the regulations and other guidance issued thereunder, and benefits payable to or on behalf of a Participant under this Article shall be calculated accordingly,
Application of this Article. All of the foregoing provisions of this Article are to be applied without diminution because of insolvency on the part of either the Company or the Reinsurer. In the event that a statutory trust is put in place to secure reinsurance credit, the parties will revise the provisions of this Article IX as necessary to conform to the requirements under Applicable Law of such a statutory trust, including to (i) provide that the Retrocession Trust Account Balance (if applicable and if any), shall not be subtracted from the Required Balance for purposes of any provision of this Agreement, (ii) eliminate conditions applicable to the Reinsurer furnishing or withholding its consent to Trust Account withdrawals, (iii) expand the Company’s rights to withdraw assets from the Trust Account and (iv) value the assets in the Trust Account at Fair Market Value and (v) make such other changes as may be a necessary or appropriate for consistency with Applicable Law with respect to credit for reinsurance.
Application of this Article. This Article is intended only as a basis for 1 calculating overtime payments and nothing in this agreement shall be construed as a 2 guarantee of hours of work per day or per week. Registered Nurses and Nurse 3 Practitioners may be deemed exempt from the payment of overtime under the Fari 4 Labor Standards Act (FLSA). The County and the Association specifically waive 5 application of ORS 653.268279.340 and 653.269 279.342 where there is conflict 6 between the statutes and this agreement.