Consequences of Prohibited Conduct. If the Company determines that the Recipient has engaged in any Prohibited Conduct (as defined in Section 2(b)), then:
Consequences of Prohibited Conduct. In consideration of and as a condition to the grant of the Award, the Recipient agrees to not engage in Prohibited Conduct (as defined in Section 2(b)). If the Company determines that the Recipient has engaged in any Prohibited Conduct, then the Recipient shall immediately forfeit the Award and shall have no right to receive the underlying Shares.
Consequences of Prohibited Conduct. If the Company determines that the Recipient has engaged in any Prohibited Conduct (as defined in Section 2(b)), then: (i) The Recipient shall immediately forfeit all outstanding RSUs awarded pursuant to this Agreement and shall have no right to receive the underlying Shares; and (ii) If the Payment Date for any RSUs has occurred, and the Company determines that Prohibited Conduct occurred on or before the first anniversary of the Vesting Date for those RSUs, the Recipient shall repay and transfer to the Company (A) the number of Shares issued to the Recipient under this Agreement on that Payment Date (the “Forfeited Shares”), plus (B) the amount of cash equal to the withholding taxes paid by withholding Shares (if any) from the Recipient on the respective Payment Date. If any Forfeited Shares have been sold by the Recipient prior to the Company’s demand for repayment, the Recipient shall repay to the Company (A) 100% of the proceeds of such sale or sales, plus (B) the amount of cash equal to the withholding taxes paid by withholding Shares (if any) from the Recipient on the respective Payment Date. (b)
Consequences of Prohibited Conduct. Any employee who violates this Policy is subject to discipline up to and including discharge. Violations of this Policy will, however, be evaluated on a case-by-case basis and the level of discipline imposed will be based on the seriousness of the offense, except as described below. For violation of paragraphs (c), (g) above: for a first violation, the employee shall be referred to a Substance Abuse Professional (SAP) to evaluate the employee, and the employee shall complete treatment. The SAP determines if the employee has successfully complied with the recommended treatment. The employee shall have a written reprimand placed in his/her file with a notation that any further violations of the Policy within a four (4) year period following issuance of the written reprimand will result in the employee being subject to discharge. As a limited exception to Article
Consequences of Prohibited Conduct i. If we detect suspicious activity or a potential breach of this agreement linked to your Referral ID, we may:
Consequences of Prohibited Conduct. Pursuant to City policy, if the result of either test (drug or alcohol) is positive, the Bargaining Unit Member will be removed from the safety-sensitive position and will be subject to discipline, up to and including discharge, as determined by the City. In no event shall the consequences of a positive post-accident drug or alcohol test be less than the consequences of a positive random drug or alcohol test. Please refer to Page 16, Consequences of Positive Test Results, Random Test. If the Bargaining Unit Member is not discharged, the Bargaining Unit Member shall, at a minimum, be subject to the same requirements regarding assessment by a SAP, rehabilitation, follow-up and return-to- work testing applied to Bargaining Unit Members following a positive random test. Pursuant to FHWA/FTA regulations, a Bargaining Unit Member who refuses to submit to post-accident drug and alcohol tests after a fatal accident will be disqualified from performing safety-sensitive functions for one year. Additionally, the City will treat the Bargaining Unit Member as if he/she had a positive drug test and an alcohol concentration of greater than 0.04.
Consequences of Prohibited Conduct. Any employee who violates this Policy is subject to discipline up to and including discharge. Violations of this Policy will, however, be evaluated on a case-by-case basis and the level of discipline imposed will be based on the seriousness of the offense, except as described below. In determining the appropriate action, the District shall consider an individual’s work record, the seriousness of the violation, the safety-sensitivity of the individual’s position, whether the individual’s behavior violated any other District policy, whether a sanction or corrective action is permissible under applicable law and any other relevant factors. Employees in DOT positions whose alcohol test results are between 0.02 and 0.039 cannot be returned to their position until at least 24 hours have elapsed from the time of their testing. Employees in DOT positions who test positive for controlled substances, or have a confirmed alcohol test result of 0.02 or above cannot return to their job duties until: A Substance Abuse Professional (SAP) evaluates the employee, and the employee undergoes education or seeks treatment as recommended by the SAP; The SAP determines the employee has successfully complied with the recommended education or treatment; The employee passes a return to duty test with an alcohol concentration below 0.02 and/or a negative drug test result.
Consequences of Prohibited Conduct. In consideration of and as a condition to the grant of the Award, the Recipient agrees to not engage in Prohibited Conduct (as defined in Section 2(b)). If the Company determines that the Recipient has engaged in any Prohibited Conduct, then the Recipient shall immediately forfeit all outstanding RSUs awarded pursuant to this Agreement and shall have no right to receive the underlying shares.
Consequences of Prohibited Conduct. If the Company determines that the Optionee has engaged in any Prohibited Conduct (as defined in Section 5(b)), then: (i) The Option shall immediately terminate, including with respect to Vested Options; and (ii) If the Company determines that Prohibited Conduct occurred on or before the first anniversary of the date the Option was exercised for any Option Shares, the Optionee shall repay and transfer to the Company (A) the number of Option Shares issued to the Optionee under this Agreement within such one year period (the “Forfeited Shares”), plus (B) the amount of cash equal to the withholding taxes paid by withholding shares (if any) from the Optionee with respect to such exercise of the Option (including through broker-assisted “cashless” exercise). If any Forfeited Shares have been sold by the Optionee prior to the Company’s demand for repayment, the Optionee shall repay to the Company (A) 100% of the proceeds of such sale or sales, plus (B) the amount of cash equal to the withholding taxes paid by withholding Shares (if any) from the Optionee with respect to such exercise of the Option (including through broker- assisted “cashless” exercise). The Company may, in its sole discretion, reduce the amount to be repaid by the Optionee to take into account the tax consequences of such repayment for the Optionee. Conduct”: (b)
Consequences of Prohibited Conduct. If the Company determines that the Recipient has engaged in any Prohibited Conduct (as defined in Section 3(b)), then: (i) The Recipient shall immediately forfeit all outstanding PSUs awarded pursuant to this Agreement and shall have no right to receive the underlying Shares; and
