Common use of Employment Arrangements Clause in Contracts

Employment Arrangements. Section 3.15 of the Diablo Disclosure Schedule contains a true, accurate and complete list of all Diablo employees involved in the ownership or operation of the Diablo Assets or the conduct of the Diablo Business (the "Diablo Employees"), together with each such employee's title or the capacity in which he or she is employed and the basis for each such employee's compensation. Diablo has no obligation or liability, contingent or other, under any Employment Arrangement with any Diablo Employee, other than those listed or described in Section 3.15 of the Diablo Disclosure Schedule. Except as described in Section 3.15 of the Diablo Disclosure Schedule, (i) none of the Diablo Employees is now, or, to Diablo's knowledge, since January 1, 1993, has been, represented by any labor union or other employee collective bargaining organization, and Diablo is not, and has never been, a party to any labor or other collective bargaining agreement with respect to any of the Diablo Employees, (ii) there are no pending grievances, disputes or controversies with any union or any other employee or collective bargaining organization of such employees, or threats of strikes, work stoppages or slowdowns or any pending demands for collective bargaining by any such union or other organization, (iii) neither Diablo nor any of such employees is now, or, to Diablo's knowledge, has since January 1, 1993 been, subject to or involved in or, to Diablo's knowledge, threatened with, any union elections, petitions therefore or other organizational or recruiting activities, in each case with respect to the Diablo Employees and (iv) none of the Diablo Employees has notified Diablo in writing that he or she does not intend to continue employment with Diablo until the Closing or with ATS following the Closing. Diablo has performed in all material respects all obligations required to be performed under all Employment Arrangements and is not in material breach or violation of or in material default or arrears under any of the terms, provisions or conditions thereof.

Employment Arrangements. Section 3.15 of the Diablo Meridian Disclosure ----------------------- Schedule contains a true, accurate and complete list of all Diablo Meridian employees involved in the ownership or operation of the Diablo Meridian Assets or the conduct of the Diablo Meridian Business (the "Diablo Meridian Employees"), together with each such employee's title or the capacity in which he or she is employed and the basis for each such employee's compensation. Diablo Meridian has no obligation or liability, contingent or other, under any Employment Arrangement with any Diablo Meridian Employee, other than those listed or described in Section 3.15 of the Diablo Meridian Disclosure Schedule. Except as described in Section 3.15 of the Diablo Meridian Disclosure Schedule, (i) none of the Diablo Meridian Employees is now, or, to DiabloMeridian's knowledge, since January 1, 1993, has been, represented by any labor union or other employee collective bargaining organization, and Diablo Meridian is not, and has never been, a party to any labor or other collective bargaining agreement with respect to any of the Diablo Meridian Employees, (ii) there are no pending grievances, disputes or controversies with any union or any other employee or collective bargaining organization of such employees, or threats of strikes, work stoppages or slowdowns or any pending demands for collective bargaining by any such union or other organization, and (iii) neither Diablo Meridian nor any of such employees is now, or, to DiabloMeridian's knowledge, has since January 1, 1993 been, subject to or involved in or, to DiabloMeridian's knowledge, threatened with, any union elections, petitions therefore or other organizational or recruiting activities, in each case with respect to the Diablo Employees and (iv) none of the Diablo Employees has notified Diablo in writing that he or she does not intend to continue employment with Diablo until the Closing or with ATS following the ClosingMeridian Employees. Diablo Meridian has performed in all material Material respects all obligations required to be performed under all Employment Arrangements and is not in material Material breach or violation of or in material Material default or arrears under any of the terms, provisions or conditions thereof.

Employment Arrangements. Section 3.15 3.13 of the Diablo Seller Disclosure Schedule contains a true, accurate and complete list of all Diablo employees of Seller and each Seller Subsidiary involved in the ownership or operation of the Diablo Seller Assets or the conduct of the Diablo Seller Business (the "Diablo Seller Employees"), together with each such employee's title or the capacity in which he or she is employed and the basis for each such employee's compensation. Diablo None of Seller or any Seller Subsidiary has no any obligation or liability, contingent or other, under any Employment Arrangement with any Diablo Seller Employee, other than those listed or described in Section 3.15 3.13 of the Diablo Seller Disclosure Schedule. Except as described in Section 3.15 3.13 of the Diablo Seller Disclosure Schedule, (ia) none of the Diablo Seller Employees is now, or, to Diablo's knowledge, or since January 1, 1993, 1996 has been, represented by any labor union or other employee collective bargaining organization, and Diablo is notnone of Seller or any Seller Subsidiary is, and or ever has never been, a party to any labor or other collective bargaining agreement with respect to any of the Diablo Seller Employees, (iib) there are no pending grievances, disputes or controversies with any union or any other employee or collective bargaining organization of such employees, or threats of strikes, work stoppages or slowdowns or any pending demands for collective bargaining by any such union or other organization, (iiic) neither Diablo nor none of Seller, any Seller Subsidiary or any of such employees is now, or, to Diablo's knowledge, or has since January 1, 1993 1996 been, subject to or involved in or, to DiabloSeller's knowledge, threatened with, any union elections, petitions therefore or other organizational or recruiting activities, in each case with respect to the Diablo Employees Seller Employees, and (ivd) none of the Diablo Seller Employees has notified Diablo in writing given written notice to Seller or any Seller Subsidiary that he or she does not intend to continue employment with Diablo Seller until the Closing or with ATS following the Closing. Diablo Seller and each Seller Subsidiary has performed in all material respects all obligations required to be performed under all Employment Plans and Benefit Arrangements and is not in material breach or violation of or in material default or arrears under any of the terms, provisions or conditions thereof.

Employment Arrangements. Section 3.15 of the Diablo Seller Disclosure Schedule contains a true, accurate and complete list of all Diablo Seller employees involved in the ownership or operation of the Diablo Seller Assets or the conduct of the Diablo Seller Business (the "Diablo Seller Employees"), together with each such employee's title or the capacity in which he or she is employed and the basis for each such employee's compensation. Diablo Seller has no obligation or liability, contingent or other, under any Employment Arrangement with any Diablo Seller Employee, other than those listed or described in Section 3.15 of the Diablo Seller Disclosure Schedule. Except as described in Section 3.15 of the Diablo Seller Disclosure Schedule, (ia) none of the Diablo Seller Employees is now, or, to Diablo's knowledge, or since January 1, 1993, 1993 has been, represented by any labor union or other employee collective bargaining organization, and Diablo Seller is not, and never has never been, a party to any labor or other collective bargaining agreement with respect to any of the Diablo Seller Employees, (iib) there are no pending grievances, disputes or controversies with any union or any other employee or collective bargaining organization of such employees, or threats of strikes, work stoppages or slowdowns or any pending demands for collective bargaining by any such union or other organization, (iiic) neither Diablo Seller nor any of such employees is now, or, to Diablo's knowledge, or has since January 1, 1993 been, subject to or involved in or, to DiabloSeller's knowledge, threatened with, any union elections, petitions therefore or other organizational or recruiting activities, in each case with respect to the Diablo Employees Seller Employees, and (ivd) none of the Diablo Seller Employees has notified Diablo in writing Seller that he or she does not intend to continue employment with Diablo Seller until the Closing or with ATS following the Closing. Diablo Seller has performed in all material respects all obligations required to be performed under all Employment Arrangements and is not in material breach or violation of or in material default or arrears under any of the terms, provisions or conditions thereof.

Employment Arrangements. Section 3.15 of the Diablo Meridian Disclosure Schedule contains a true, accurate and complete list of all Diablo Meridian employees involved in the ownership or operation of the Diablo Meridian Assets or the conduct of the Diablo Meridian Business (the "Diablo Meridian Employees"), together with each such employee's title or the capacity in which he or she is employed and the basis for each such employee's compensation. Diablo Meridian has no obligation or liability, contingent or other, under any Employment Arrangement with any Diablo Meridian Employee, other than those listed or described in Section 3.15 of the Diablo Meridian Disclosure Schedule. Except as described in Section 3.15 of the Diablo Meridian Disclosure Schedule, (i) none of the Diablo Meridian Employees is now, or, to DiabloMeridian's knowledge, since January 1, 1993, has been, represented by any labor union or other employee collective bargaining organization, and Diablo Meridian is not, and has never been, a party to any labor or other collective bargaining agreement with respect to any of the Diablo Meridian Employees, (ii) there are no pending grievances, disputes or controversies with any union or any other employee or collective bargaining organization of such employees, or threats of strikes, work stoppages or slowdowns or any pending demands for collective bargaining by any such union or other organization, and (iii) neither Diablo Meridian nor any of such employees is now, or, to DiabloMeridian's knowledge, has since January 1, 1993 been, subject to or involved in or, to DiabloMeridian's knowledge, threatened with, any union elections, petitions therefore or other organizational or recruiting activities, in each case with respect to the Diablo Employees and (iv) none of the Diablo Employees has notified Diablo in writing that he or she does not intend to continue employment with Diablo until the Closing or with ATS following the ClosingMeridian Employees. Diablo Meridian has performed in all material Material respects all obligations required to be performed under all Employment Arrangements and is not in material Material breach or violation of or in material Material default or arrears under any of the terms, provisions or conditions thereof.