Calculation of entitlements Clause Samples

The 'Calculation of Entitlements' clause defines how a party’s rights to payments, benefits, or other contractual entitlements are determined under the agreement. It typically outlines the formulas, criteria, or procedures used to calculate amounts owed, such as salary, bonuses, severance, or reimbursements, and may specify relevant time periods or performance metrics. By providing a clear method for determining entitlements, this clause ensures transparency and reduces the risk of disputes over what is owed to each party.
Calculation of entitlements. When calculating the amount of sick leave with pay for which employees are eligible, sick leave which has been granted at full pay will be deducted from the entitlements in clause 27.3.
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Calculation of entitlements. Final Annual Pay 2.
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Calculation of entitlements. Final Annual Pay (a) Final pay is determined by the gross ordinary time earnings for the 12 months prior to separation or the substantive salary/wage at the time of separation whichever is the higher. It does not include leave loading or overtime and is not the employee’s pay at the time of separation, converted to an annual rate. However, it shall include allowance payments which are by Award, payable for all purposes.
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Calculation of entitlements. For the purposes of calculating public holidays, annual leave, personal/carer’s leave, workers compensation, jury service, bereavement leave, long service leave and other similar payments, a day shall be 7.6 hours duration.
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Calculation of entitlements. Employees who are experienced in the operation of the Port Kembla Cryogenic Plant. Employees who have prior experience in the operation of the Port Kembla Cryogenic Plant will be entitled to the following sick leave based on their prior experience: (a) An employee with less than 1 year prior experience in the Cryogenic Plant shall be entitled to 5 days sick leave. (b) An employee with one or more year’s prior experience in the Cryogenic Plant shall be entitled to 8 days sick leave. (c) An employee with more than ten years prior experience in the Cryogenic Plant shall be entitled to 10 days sick leave. (d) Employee’s who commence employment from 1 October 2004 but who have prior experience in the operation of the Cryogenic Plant shall have the first full year’s entitlement available from 1 October 2004. (e) Prior experience" shall refer to employment in the role of an Oxygen Plant Operator or Auxiliary Plant Operator at Port Kembla by Linde Gas Pty Limited or any other employer.
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Calculation of entitlements. (a) The rate of Parental Leave is based on an Employee’s ordinary hours at the Employee’s base rate which applied immediately prior to the commencement of the leave. (b) Where an employee has been employed part-time for all or a portion of the 12 calendar months immediately before the commencement of primary carer leave, the employee is entitled to leave on a proportionate basis. (c) Payment of primary carer leave for part-time employees must be calculated on the weekly average of the ordinary hours worked during the 12 months before commencing primary carer leave. (d) This subclause does not apply to Locomotive Operating Grade Employees, to whom clause 110.1 applies.
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Calculation of entitlements. In calculating any entitlement under this sub- clause the rates of pay contained in sub- clause 5.8 shall be used and the appropriate rate shall be determined by the employee's normal classification in which the employee was engaged prior to the termination. Provided that any dispute as to what was an employee's normal classification immediately preceding termination shall be handled and determined in accordance with the settlement of disputes procedure contained in this Agreement.
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Calculation of entitlements. When calculating the amount of sick leave with pay f or which employees are eligible, sick leave which has been granted at f ull pay will be deducted f rom the entitlements in clause 27.3.
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Calculation of entitlements 
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Related to Calculation of entitlements

  • Determination of Entitlement (a) Where there has been a written request by Indemnitee for indemnification pursuant to Section 5.01(b), then as soon as is reasonably practicable (but in any event not later than 60 days) after final disposition of the relevant Proceeding, a determination, if required by applicable law, with respect to Indemnitee’s entitlement thereto shall be made in the specific case: (i) if a Change of Control shall not have occurred, (A) by a majority vote of the Disinterested Directors, even though less than a quorum of the Board, (B) by a committee of Disinterested Directors designated by a majority vote of the Disinterested Directors, even though less than a quorum of the Board, (C) if there are no such Disinterested Directors or, if such Disinterested Directors so direct, by Independent Counsel in a written opinion to the Board, a copy of which shall be delivered to Indemnitee; or (ii) if a Change of Control shall have occurred, by Independent Counsel in a written opinion to the Board, a copy of which shall be delivered to Indemnitee. If it is so determined that Indemnitee is entitled to indemnification, payment to Indemnitee shall be made within ten (10) days after such determination. Indemnitee shall reasonably cooperate with the person, persons or entity making such determination with respect to Indemnitee’s entitlement to indemnification, including providing to such person, persons or entity upon reasonable advance request any documentation or information which is not privileged or otherwise protected from disclosure and which is reasonably available to Indemnitee and reasonably necessary to such determination. Any costs or expenses (including attorneys’ fees and disbursements) actually and reasonably incurred by Indemnitee in so cooperating with the person, persons or entity making such determination shall be borne by the Company (irrespective of the determination as to Indemnitee’s entitlement to indemnification). (b) If entitlement to indemnification is to be determined by Independent Counsel pursuant to Section 5.02(a)(ii), such Independent Counsel shall be selected by Indemnitee, and Indemnitee shall give written notice to the Company advising it of the identity of the Independent Counsel so selected. If entitlement to indemnification is to be determined by Independent Counsel pursuant to Section 5.02(a)(i)(C) (or if Indemnitee requests that such selection be made by the Board), such Independent Counsel shall be selected by the Company in which case the Company shall give written notice to Indemnitee advising him or her of the identity of the Independent Counsel so selected. In either event, Indemnitee or the Company, as the case may be, may, within 10 days after such written notice of selection shall have been received, deliver to the Company or to Indemnitee, as the case may be, a written objection to such selection; provided, however, that such objection may be asserted only on the ground that the Independent Counsel so selected does not meet the requirements of “Independent Counsel” as defined in Section 1 of this Agreement, and the objection shall set forth with particularity the factual basis of such assertion. Absent a proper and timely objection, the person so selected shall act as Independent Counsel. If such written objection is so made and substantiated, the Independent Counsel so selected may not serve as Independent Counsel unless and until such objection is withdrawn or a court of competent jurisdiction has determined that such objection is without merit. If, within 20 days after the later of submission by Indemnitee of a written request for indemnification pursuant to Section 5.01(b) hereof and the final disposition of the Proceeding, no Independent Counsel shall have been selected and not objected to, either the Company or Indemnitee may petition a court of competent jurisdiction for resolution of any objection which shall have been made by the Company or Indemnitee to the other’s selection of Independent Counsel and/or for the appointment as Independent Counsel of a person selected by the court or by such other person as the court shall designate, and the person with respect to whom all objections are so resolved or the person so appointed shall act as Independent Counsel under Section 5.02(a) hereof. Upon the due commencement of any judicial proceeding or arbitration pursuant to Section 6.01(a) of this Agreement, the Independent Counsel shall be discharged and relieved of any further responsibility in such capacity (subject to the applicable standards of professional conduct then prevailing). (c) The Company agrees to pay the reasonable fees and expenses of any Independent Counsel serving under this Agreement.

  • Presumption of Entitlement In making any Standard of Conduct Determination, the person or persons making such determination shall presume that Indemnitee has satisfied the applicable standard of conduct, and the Company may overcome such presumption only by its adducing clear and convincing evidence to the contrary. Any Standard of Conduct Determination that is adverse to Indemnitee may be challenged by the Indemnitee in the Court of Chancery of the State of Delaware. No determination by the Company (including by its directors or any Independent Counsel) that Indemnitee has not satisfied any applicable standard of conduct shall be a defense to any Claim by Indemnitee for indemnification or reimbursement or advance payment of Expenses by the Company hereunder or create a presumption that Indemnitee has not met any applicable standard of conduct.

  • Determination of Entitlement to Indemnification To receive indemnification under this Agreement, the Indemnitee shall submit a written request to the Secretary of the Company. Such request shall include documentation or information that is necessary for such determination and is reasonably available to the Indemnitee. Upon receipt by the Secretary of the Company of a written request by the Indemnitee for indemnification, the entitlement of the Indemnitee to indemnification, to the extent not required pursuant to the terms of Section 6 or Section 8 of this Agreement, shall be determined by the following person or persons who shall be empowered to make such determination (as selected by the Board of Directors, except with respect to Section 9(e) below): (a) the Board of Directors of the Company by a majority vote of Disinterested Directors, whether or not such majority constitutes a quorum; (b) a committee of Disinterested Directors designated by a majority vote of such directors, whether or not such majority constitutes a quorum; (c) if there are no Disinterested Directors, or if the Disinterested Directors so direct, by Independent Counsel in a written opinion to the Board of Directors, a copy of which shall be delivered to the Indemnitee; (d) the stockholders of the Company; or (e) in the event that a Change in Control has occurred, by Independent Counsel in a written opinion to the Board of Directors, a copy of which shall be delivered to the Indemnitee. Such Independent Counsel shall be selected by the Board of Directors and approved by the Indemnitee, except that in the event that a Change in Control has occurred, Independent Counsel shall be selected by the Indemnitee. Upon failure of the Board of Directors so to select such Independent Counsel or upon failure of the Indemnitee so to approve (or so to select, in the event a Change in Control has occurred), such Independent Counsel shall be selected upon application to a court of competent jurisdiction. The determination of entitlement to indemnification shall be made and, unless a contrary determination is made, such indemnification shall be paid in full by the Company not later than 60 calendar days after receipt by the Secretary of the Company of a written request for indemnification. If the person making such determination shall determine that the Indemnitee is entitled to indemnification as to part (but not all) of the application for indemnification, such person shall reasonably prorate such partial indemnification among the claims, issues, or matters at issue at the time of the determination.

  • Basic entitlement 7.4.2(a) After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

  • Calculation of Amounts Binding Effect of Interpretations and Actions of Master Servicer...............................