Common use of Employment Levels Clause in Contracts

Employment Levels. If the year‐end monthly average number of employees occupying the positions of employment set forth in Appendix A remains below 80% of the "Base Employment" level set forth in Appendix A, for two consecutive years (the "Employment Measuring Period"), the Contract Demand may be reduced by the Authority subject to Paragraph C of this Article. The maximum amount of reduction will be determined by multiplying the Contract Demand by the quantity one minus the quotient of the average monthly employment during the Employment Measuring Period divided by the Base Employment; provided, however, that a reduction in employment will be deemed not to have taken place if such reduction occurs, as demonstrated to the reasonable satisfaction of the Authority, as a consequence of (a) reduced employment during any strike; (b) increased efficiency or improved technology; or (c) negotiated changes in labor agreements or work rules which increase worker productivity or (d) withdrawals by the Authority of other Authority power sold to the Customer but provided further, that relocation of specific activities away from the facility shall not be considered as productivity improvements. Any such reduction shall be rounded to the nearest one‐hundred kilowatts. In the event of a reduction of the Contract Demand to zero, this Agreement shall automatically terminate. Coincident with the filing of the annual report with the Authority pursuant to Paragraph I.B of this Schedule or prior thereto within the same calendar year, the Customer may request that the Authority adjust the Base Employment shown on Appendix A on account of the factors set forth in (b), (c) and (d) of the preceding paragraph. Within sixty (60) days of receiving such a request, together with adequate supporting information, the Authority will advise the Customer in writing as to whether or not the Base Employment will be reduced. If the Authority does not grant or deny any such request in writing within the 60 day period, the request shall be deemed to be granted.

Employment Levels. If the year‐end year-end monthly average number of employees occupying the positions of employment set forth in Appendix A remains below 80% of the "Base Employment" level set forth in Appendix A, for two consecutive years (the "Employment Measuring Period"), the Contract Demand may be reduced by the Authority subject to Paragraph C of this Article. The maximum amount of reduction will be determined by multiplying the Contract Demand by the quantity one minus the quotient of the average monthly employment during the Employment Measuring Period divided by the Base Employment; provided, however, that a reduction in employment will be deemed not to have taken place if such reduction occurs, as demonstrated to the reasonable satisfaction of the Authority, as a consequence of (a) reduced employment during any strike; (b) increased efficiency or improved technology; or (c) negotiated changes in labor agreements or work rules which increase worker productivity or (d) withdrawals by the Authority of other Authority power sold to the Customer but provided further, that relocation of specific activities away from the facility shall not be considered as productivity improvements. Any such reduction shall be rounded to the nearest one‐hundred one-hundred kilowatts. In the event of a reduction of the Contract Demand to zero, this Agreement shall automatically terminate. Coincident with the filing of the annual report with the Authority pursuant to Paragraph I.B of this Schedule or prior thereto within the same calendar year, the Customer may request that the Authority adjust the Base Employment shown on Appendix A on account of the factors set forth in (b), (c) and (d) of the preceding paragraph. Within sixty (60) days of receiving such a request, together with adequate supporting information, the Authority will advise the Customer in writing as to whether or not the Base Employment will be reduced. If the Authority does not grant or deny any such request in writing within the 60 day period, the request shall be deemed to be granted.