Established Sample Clauses

Established. A six ­person Joint Oversight Board, hereinafter referred to as the “Joint Board,” is established. District Board of Commissioners shall fill three positions. Three individual members of the City Council shall be appointed by the Mayor of the City of Port ▇▇▇▇▇▇▇▇ and confirmed by the City Council to fill the remaining three positions.

Established. General Purpose Oilers and Maintenance: 2 coveralls every year – lightweight or heavier weight;

Established. Section seniority for all employees in this section of the Agreement shall be established at the day the employee is hired from outside the bargaining unit commences work or on the day the current employee begins work in this section after being awarded a job posting in this section. Regular employees shall be credited with any previously accumulated seniority if: the employee has been laid off and later recalled under the provisions of this section; they transfer to a position covered by another section of this Agreement and subsequently return within a period of ninety (90) days to a classification covered by this Section, providing continuous membership has been maintained in the Union. An approved leave of absence shall not constitute a break in seniority, for the purposes of this section, provided continuous membership in the Union is maintained. The seniority of casual employees relative to each other shall be their date of hire and they shall be junior to regular employees on the seniority list. When an employee transfers to a new position, the following rules shall govern: Any time during the first ninety (90) days, any employee who enters a new position shall have the right to return to their former position without loss of seniority.

Established. The Job Order Contractor and the City acknowledge that in the event that the Job Order Contractor fails to achieve Substantial Completion or Final Completion of the Project by the dates established therefore in the applicable Job Order Schedule, as adjusted, the City will incur substantial damages and the extent of such damages shall be incapable of accurate measurement. Nonetheless, the Parties acknowledge that on the date of this Contract, the amount of liquidated damages set forth below represents a good faith estimate as to the actual potential damages that the City would incur as a result of late Substantial Completion or Final Completion of the Job Order. Such liquidated damages shall be the sole and exclusive remedy of the City for late completion of the Job Order, and the City hereby waives all other remedies available at law or in equity with respect to losses resulting from late completion. The amount of the liquidated damages calculated hereunder does not include any penalty.

Established. Any loans granted or renewed shall conform with the requirements of Section 72(p) of the Internal Revenue Code, 26 U.S.C.1 et seq. Such loan program shall be established in writing by the Board of Trustees, and must include, but need not be limited to the following: 1. The identity of the administrator of the Participant Loan Program; 2. A procedure to apply for loans, the amount of loan that will be approved or denied, and limitations, if any, on the types and amount of loans offered; 3. The procedure under the program for determining a reasonable rate of interest; and 4. The events constituting default and the steps that will be taken to preserve plan assets.

Established. This Agreement establishes a joint powers entity (hereinafter, the “Entity”). The name of the Entity is “Lower Minnesota River East Partnership (LoMRE),”.

Established. The Parties hereby establish the Lower Colorado River Multi-Species Conservation Program Steering Committee whose initial Members have been divided in to seven Participant Groups and are identified as: 1. The Federal Participant Group: 2. The Arizona Participant Group: 3. The California Participant Group: 4. The Nevada Participant Group:

Established. The scope of this waiver is intended to be all-encompassing of any and all disputes that may be filed in any court and that relate to the subject matter of this transaction, including contract claims, tort claims, breach of duty claims and all other common law and statutory claims. Each party hereto acknowledges that this waiver is a material inducement to enter into a business relationship, that each has already relied on this waiver in entering into this Agreement, and that each will continue to rely on this waiver in their related future dealings. Each party hereto further warrants and represents that it has reviewed this waiver with its legal counsel and that it knowingly and voluntarily waives its jury trial rights following consultation with legal counsel. THIS WAIVER IS IRREVOCABLE, MEANING THAT IT MAY NOT BE MODIFIED EITHER ORALLY OR IN WRITING (OTHER THAN BY A MUTUAL WRITTEN WAIVER SPECIFICALLY REFERRING TO THIS SECTION 13.24 AND EXECUTED BY EACH OF THE PARTIES HERETO), AND THIS WAIVER SHALL APPLY TO ANY SUBSEQUENT AMENDMENTS, RENEWALS, SUPPLEMENTS OR MODIFICATIONS TO THIS AGREEMENT OR ANY OF THE OTHER LOAN DOCUMENTS OR TO ANY OTHER DOCUMENTS OR AGREEMENTS RELATING TO THE LOANS MADE HEREUNDER. In the event of litigation, this Agreement may be filed as a written consent to a trial by the court.

Established. There is hereby established the “Fencing Consortium Joint Board.” The Board shall consist of five Directors elected by the Members in accordance with this Article. Directors shall serve without compensation from the Fencing Consortium. The Director positions shall be assigned as follows: (a) Two Directors representing law enforcement; (b) One Director representing fire; (c) One Director representing public works; and (d) One Director representing emergency managers.