Employment Actions. This Agreement is not intended to create, and will not be construed as creating, an express or implied contract of employment. Nothing contained herein will prevent the Company at any time from terminating the Executive’s right and obligation to perform services to the Company or prevent the Company from removing the Executive from any position which the Executive holds with the Company, provided, however, that no such action shall affect the obligation of the Company to make payments and provide benefits if and to the extent required under this Agreement. The payments and benefits provided in this Agreement will be full and complete liquidated damages for any such employment action taken by the Company.
Employment Actions. It is agreed that IBM shall be solely and exclusively responsible for personnel decisions affecting IBM's employees, contractors, subcontractors and agents (including without limitation, hiring, promotions, training, compensation, evaluation, discipline, and discharge). Equifax shall be solely and exclusively responsible for personnel decisions affecting employees, contractors, and agents of the members of the Equifax Group (including without limitation, hiring, promotion, training, compensation, evaluation, discipline and discharge).
Employment Actions. Prior to the Closing, (i) Seller shall take, or shall cause to be taken, all actions listed on Exhibit J, and (ii) the parties hereto shall promptly exert commercially reasonable efforts to do or cause to be done, and to provide reasonable assistance and cooperation to the other parties in doing, all things reasonably necessary, proper or advisable under applicable law or otherwise (including providing to the Rehabilitator information, materials, and documents as may be reasonably necessary or supportive; supporting and cooperating with one another; and advocating in favor in order) to obtain and receive the Rehabilitator’s authorization, approval, clearance, consent, adoption, execution and performance of the agreements listed in Sections 8, 9, 10, 11 and 12 of Exhibit J; provided, that the parties shall not be required to compromise any right, asset or benefit, or to expend any amount (other than reasonable attorneys’ fees and costs) or incur any Liabilities, or commence or participate in any Action, or provide any other consideration in connection with such efforts. If the employment of any individual whose Executive Retention Letter Agreement (as defined in Exhibit J) is voided in accordance with Item 7 of Exhibit J is terminated by or in the name of GBIG, LLC without Cause (as set forth in Item 8 of Exhibit J) prior to Closing, then Buyer will pay to Seller the severance payments and severance benefits (including the employer portion of any applicable payroll Taxes) that are payable prior to Closing in accordance with, and subject to, the terms of the replacement severance arrangement described in Item 8 of Exhibit J (the “Pre-Closing Severance Payments”), and Seller will cause to be paid to such individual the severance payments and severance benefits (subject to applicable withholding). Seller shall issue invoices containing a summary description of the amounts owed by Buyer pursuant to this Section 9.08, itemized in reasonable detail, on a monthly basis to Buyer.
Employment Actions. Contractor shall not discriminate against any employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their creed, religion, race, age, color, sex, national origin, marital status, political ideology, ancestry, sexual orientation, gender identity, or the presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to employment, upgrading, promotion, demotion, or transfer; recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training.
Employment Actions. It is agreed that Provider shall be solely and exclusively responsible for personnel decisions made by Provider affecting Provider’s employees, contractors and agents (including without limitation, hiring, promotions, training, compensation, evaluation, discipline, and discharge). Company shall be solely and exclusively responsible for personnel decisions made by Company affecting Company’s employees, contractors, and agents (including without limitation, hiring, promotion, training, compensation, evaluation, discipline and discharge).
Employment Actions. Since January 1, 2017, the Company has not been a party to any Action, and there are no currently pending or threatened Actions against the Company, any ERISA Affiliate, or any of their Employees (or applicants for employment), (a) in which the Company is or was alleged to have violated any Contract or Law related to employment, including, without limitation, equal opportunity, discrimination, retaliation, harassment, immigration, wages, hours, unpaid compensation, classification of employees as exempt from overtime or minimum wage Laws, classification of workers as independent contractors, benefits, collective bargaining, the payment of social security and similar Taxes, occupational safety and health, COVID-19 and/or privacy rights of employees or (b) relating to any Employee, any applicant for employment or other service, any Contract with any Employee or any Company Employee Plan. There are no pending or threatened Actions against Company, any ERISA Affiliate, any Company trustee under any worker’s compensation policy or long-term disability policy. Neither the Company nor any ERISA Affiliate is party to a conciliation agreement, consent decree or other Contract or Order with any federal, state, or local agency or Governmental Entity with respect to employment practices. The Company has not received any written notice of intent by any Governmental Entity responsible for the enforcement of labor or employment Laws to conduct an investigation relating to the Company, and no such investigation is in progress. Section 3.16(d) of the Disclosure Schedule lists all Liabilities of the Company to any Employee, that result from the termination by the Company of such Employee’s employment or provision of services, other than those disclosed in Section 3.15(i), and other than ordinary administration expenses, ordinary payment of final wages and vacation pay, or bonuses, commissions or amounts under other compensation plans, that were previously earned, vested or accrued under Company Employee Plans prior to the effective time of the termination of employment. Neither the Company nor any ERISA Affiliate has direct or indirect liability with respect to (x) any misclassification of any Person currently or formerly as an independent contractor, consultant, advisor, or similar service provider rather than as an employee, (y) any Person leased from another employer, or (z) any misclassification of any Employee currently or formerly classified as exempt from overtime wag...
Employment Actions. In consideration for the sum being provided to Mr. ------------------ Xxxxxxxx by ALLTRISTA as set forth in paragraph 2 above, Xx. Xxxxxxxx AGREES that neither he nor any agent or representative of his will discuss or in any fashion disclose to any third parties any issues pertaining to any employment action planned or contemplated by ALLTRISTA involving any employee, agent or representative of ALLTRISTA.
Employment Actions. 42 13.4 Exclusive Remedy................................. 42 13.5 Indemnification Procedures....................... 42
Employment Actions. Personnel supplied by the Service Provider (including, after the initial Commencement Date, Affected Employees who have become employees of the Service Provider), and its Approved Subcontractors under this Agreement shall be deemed employees of the Service Provider or such Approved Subcontractor and shall not for any purposes be considered employees, Affiliates or agents of the Customer. Personnel of the Customer Group who perform any obligations of the Customer hereunder shall be deemed employees of the Customer Group and shall not for any purposes be considered employees, Affiliates or agents of the Service Provider or its Approved Subcontractors (excluding, from and after their date of employment by the Service Provider or its Approved Subcontractor, any Affected Employees who became employees of the Service Provider or any Approved Subcontractor. Each Party assumes full responsibility for the actions and supervision of its personnel while performing services under this Agreement. Neither Party assumes liability for the personnel of the other Party (excluding, in the case of the Service Provider, any Affected Employees who become employees of the Service Provider or any Approved Subcontractor for periods allocable to their employment by Service Provider or its Approved Subcontractor). The Service Provider shall be solely and exclusively responsible for personnel decisions affecting the Service Provider’s employees and employees of its subcontractors and agents (including, without limitation, hiring, promotions, training, compensation, evaluation, discipline, and discharge). The Customer shall be solely and exclusively responsible for personnel decisions affecting employees, contractors and agents of the members of the Customer Group (including, without limitation, hiring, promotion, training, compensation, evaluation, discipline and discharge).