Common use of Executive Committee Clause in Contracts

Executive Committee. The Executive Committee as provided for herein shall have the authority to change the Per Diem rate stated herein; draft a valid article, clause or provision as provided for in the Savings Clause (Article XXIV); and to make revisions necessary to this AGREEMENT. The Executive Committee shall consist of eleven (11) duly appointed representatives of the following: five (5) representatives of signatory UNIONS appointed by the UNIONS and five (5) representatives appointed by signatory EMPLOYERS, and the non-voting COORDINATOR. Matters before this Committee shall be settled by a quorum of three (3) or more UNION representatives and three (3) or more EMPLOYER representatives, with equal votes. A majority vote will settle any matters before the Executive Committee. In the event an issue, other than a proposed revision, is not resolved (i.e., tie vote) above, either party may serve upon the other and the COORDINATOR written notice by Certified Mail, within five (5) working days requesting that the dispute be resolved by arbitration. If such a written notice is served the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the Arbitrator at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing by a reasonable time, not to exceed xxx (10) days after the conclusion of the hearing. The decision of the arbitrator shall be final and binding upon the parties. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties. Members of the Executive Committee shall be appointed for a term of one (1) year. Rules and Procedures (Available on request) Notification by regular mail is acceptable. Notification by electronic means is acceptable with receipt. (i.e., e-mail) ALTERNATE REPRESENTATIVES: Signatory UNIONS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. Signatory EMPLOYERS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. The Co-Chairman will inform the Executive Committee of an absence of a duly appointed representative and who the Alternate Representative is replacing. Alternate Representatives may attend all Executive Committee meetings and have a voice but no vote.

Executive Committee. The Executive Committee as provided for herein shall have the authority to change the Per Diem rate stated herein; draft a valid article, clause or provision as provided for in the Savings Clause (Article XXIV); and to make revisions necessary to this AGREEMENT. The Executive Committee shall consist of eleven (11) duly appointed representatives of the following: five (5) representatives of signatory UNIONS appointed by the UNIONS and five (5) representatives appointed by signatory EMPLOYERS, and the non-voting COORDINATOR. Matters before this Committee shall be settled by a quorum of three (3) or more UNION representatives and three (3) or more EMPLOYER representatives, with equal votes. A majority vote will settle any matters before the Executive Committee. In the event an issue, other than a proposed revision, is not resolved (i.e., tie vote) above, either party may serve upon the other and the COORDINATOR written notice by Certified Mail, within five (5) working days requesting that the dispute be resolved by arbitration. If such a written notice is served the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the Arbitrator at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing by a reasonable time, not to exceed xxx ten (10) days after the conclusion of the hearing. The decision of the arbitrator shall be final and binding upon the parties. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties. Members of the Executive Committee shall be appointed for a term of one (1) year. (Footnote 8, Executive Board 3/7/1985) Rules and Procedures (Available on request) (Footnote 9, Executive Board 4/30/1985) Notification by regular mail is acceptable, but certified mail is highly recommended. (Footnote 52, Executive Board 9/15/2011) Notification by electronic means is acceptable with receipt. (i.e., i.e. e-mail) (Footnote 53: Executive Board 4/2/2014 (Effective 6/1/14)) ALTERNATE REPRESENTATIVES: Signatory UNIONS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. Signatory EMPLOYERS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. The Co-Chairman will inform the Executive Committee of an absence of a duly appointed representative and who the Alternate Representative is replacing. Alternate Representatives may attend all Executive Committee meetings and have a voice but no vote.

Executive Committee. The Executive Committee as provided for herein shall have the authority to change the Per Diem rate stated herein; draft a valid article, clause or provision as provided for in the Savings Clause (Article XXIV); and to make revisions necessary to this AGREEMENT. The Executive Committee shall consist of eleven (11) duly appointed representatives of the following: five (5) representatives of signatory UNIONS appointed by the UNIONS and five (5) representatives appointed by signatory EMPLOYERS, and the non-voting COORDINATOR. Matters before this Committee shall be settled by a quorum of three (3) or more UNION representatives and three (3) or more EMPLOYER representatives, with equal votes. A majority vote will settle any matters before the Executive Committee. In the event an issue, other than a proposed revision, is not resolved (i.e., tie vote) above, either party may serve upon the other and the COORDINATOR written notice by Certified Mail, within five (5) working days requesting that the dispute be resolved by arbitration. If such a written notice is served the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the Arbitrator at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing by a reasonable time, not to exceed xxx (10) days after the conclusion of the hearing. The decision of the arbitrator shall be final and binding upon the parties. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties. Members of the Executive Committee shall be appointed for a term of one (1) year. (Footnote 8, Executive Board 3/7/1985) Rules and Procedures (Available on request) (Footnote 9, Executive Board 4/30/1985) Notification by regular mail is acceptable, but certified mail is highly recommended. (Footnote 52, Executive Board 9/15/2011) Notification by electronic means is acceptable with receipt. (i.e., i.e. e-mail) (Footnote 53: Executive Board 4/2/2014 (Effective 6/1/14)) ALTERNATE REPRESENTATIVES: Signatory UNIONS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. Signatory EMPLOYERS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. The Co-Chairman will inform the Executive Committee of an absence of a duly appointed representative and who the Alternate Representative is replacing. Alternate Representatives may attend all Executive Committee meetings and have a voice but no vote.

Executive Committee. The Executive Committee as provided for herein shall have the authority to change the Per Diem rate stated herein; draft a valid article, clause or provision as provided for in the Savings Clause (Article XXIV); and to make revisions necessary to this AGREEMENT. The Executive Committee shall consist of eleven (11) duly appointed representatives of the following: five (5) representatives of signatory UNIONS appointed by the UNIONS and five (5) representatives appointed by signatory EMPLOYERS, and the non-voting COORDINATOR. Matters before this Committee shall be settled by a quorum of three (3) or more UNION representatives and three (3) or more EMPLOYER representatives, with equal votes. A majority vote will settle any matters before the Executive Committee. In the event an issue, other than a proposed revision, is not resolved (i.e., tie vote) above, either party may serve upon the other and the COORDINATOR written notice by Certified Mail, within five (5) working days requesting that the dispute be resolved by arbitration. If such a written notice is served the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the Arbitrator at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing by a reasonable time, not to exceed xxx ten (10) days after the conclusion of the hearing. The decision of the arbitrator shall be final and binding upon the parties. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties. Members of the Executive Committee shall be appointed for a term of one (1) year. Rules and Procedures (Available on request) Notification by regular mail is acceptable. Notification by electronic means is acceptable with receipt. (i.e., e-mail) ALTERNATE REPRESENTATIVES: Signatory UNIONS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. Signatory EMPLOYERS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. The Co-Chairman will inform the Executive Committee of an absence of a duly appointed representative and who the Alternate Representative is replacing. Alternate Representatives may attend all Executive Committee meetings and have a voice but no vote.

Executive Committee. The Executive Committee as provided for herein shall have the authority to change the Per Diem rate stated herein; draft a valid article, clause or provision as provided for in the Savings Clause (Article XXIV); and to make revisions necessary to this AGREEMENT. The Executive Committee shall consist of eleven (11) duly appointed representatives of the following: five (5) representatives of signatory UNIONS appointed by the UNIONS and five (5) representatives appointed by signatory EMPLOYERS, and the non-voting COORDINATOR. Matters before this Committee shall be settled by a quorum of three (3) or more UNION representatives and three (3) or more EMPLOYER representatives, with equal votes. A majority vote will settle any matters before the Executive Committee. In the event an issue, other than a proposed revision, is not resolved (i.e., tie vote) above, either party may serve upon the other and the COORDINATOR written notice by Certified Mail, within five (5) working days requesting that the dispute be resolved by arbitration. If such a written notice is served the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the Arbitrator at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing by a reasonable time, not to exceed xxx ten (10) days after the conclusion of the hearing. The decision of the arbitrator shall be final and binding upon the parties. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties. Members of the Executive Committee shall be appointed for a term of one (1) year. (Footnote 8, Executive Board 3/7/1985) Rules and Procedures (Available on request) (Footnote 9, Executive Board 4/30/1985) Notification by regular mail is acceptable, but certified mail is highly recommended. (Footnote 52, Executive Board 9/15/2011) Notification by electronic means is acceptable with receipt. (i.e., i.e. e-mail) ALTERNATE REPRESENTATIVES: Signatory UNIONS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. Signatory EMPLOYERS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. The Co-Chairman will inform the Executive Committee of an absence of a duly appointed representative and who the Alternate Representative is replacing. Alternate Representatives may attend all Executive Committee meetings and have a voice but no vote.)

Executive Committee. The Symyx and TDCC shall establish a committee comprised of one representative each from Symyx and TDCC (the "Executive Committee as provided for herein shall have Committee"). Each party's representative on the authority to change the Per Diem rate stated herein; draft a valid article, clause or provision as provided for in the Savings Clause (Article XXIV); and to make revisions necessary to this AGREEMENT. The Executive Committee shall consist of eleven (11) duly appointed representatives of the following: five (5) representatives of signatory UNIONS appointed be selected by the UNIONS and five (5) representatives appointed by signatory EMPLOYERSthat party, and the non-voting COORDINATOR. Matters before this Committee shall be settled by a quorum of three (3) or more UNION representatives and three (3) or more EMPLOYER representatives, with equal votes. A majority vote will settle any matters before the Executive Committee. In the event an issue, other than a proposed revision, is not resolved (i.e., tie vote) above, either party may serve replace its Executive Committee representative at any time, upon written notice to the other and the COORDINATOR written notice by Certified Mail, within five (5) working days requesting that the dispute be resolved by arbitration. If such a written notice is served the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the Arbitrator at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing by a reasonable time, not to exceed xxx (10) days after the conclusion of the hearingparty. The decision of the arbitrator shall be final and binding upon the parties. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties. Members initial members of the Executive Committee shall be appointed [******] for a term TDCC and [******] for Symyx. The Executive Committee shall meet at least twice per year at locations and times agreed by the parties, and members of one the Executive Committee may participate in any such meeting in person, by telephone, or by televideo conference. Special meetings of the Executive Committee may be called by either party on fifteen (115) yeardays written notice to the other party. Rules Upon consent of the parties, other representatives of Symyx or TDCC may attend Executive Committee meetings as nonvoting observers. Symyx shall prepare minutes of each Executive Committee meeting, which minutes shall be subject to approval by TDCC and Procedures after approval will be signed by Executive Committee representatives of each party. The Executive Committee shall (Available i) oversee the direction of the overall relationship between TDCC and Symyx, (ii) resolve any disputes not resolved by the Research Committee, (iii) set the direction of the Research Program within the bounds set forth in this Agreement and the Research Plan, and (iv) decide upon changes in Fields. In the event that the Executive Committee cannot reach unanimous agreement on requestmatters related to the conduct of the Research Program other than: (a) Notification by regular mail is acceptable. Notification by electronic means is acceptable with receipt. the interpretation of obligations of confidentiality under this Agreement, (i.e.b) the amount of any payments due hereunder, e-mail(c) ALTERNATE REPRESENTATIVES: Signatory UNIONS may appoint one intellectual property ownership, (1d) alternate representative additions to act or changes in the official capacity scope of an appointed representative only the Fields, (e) staffing of research projects, (f) expenditures by Symyx in conducting the Research Program, and (g) rights granted under Article 4, TDCC shall have the right to cast the deciding vote. Unresolved disputes related to (a), (b), (c), (d), (e), (f), or (g) shall be subject to binding arbitration by either party as set forth in Section 13.16, in the absence of a unanimous decision by the appointed representative. Signatory EMPLOYERS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence two members of the appointed representative. The Co-Chairman will inform the Executive Committee of an absence of a duly appointed representative and who the Alternate Representative is replacing. Alternate Representatives may attend all Executive Committee meetings and have a voice but no voteCommittee.

Executive Committee. The Executive Committee as provided for herein shall have the authority to change the Per Diem rate stated herein; draft a valid article, clause or provision as provided for in the Savings Clause (Article XXIV); and to make revisions necessary to this AGREEMENT. The Executive Committee shall consist of eleven (11) duly appointed representatives of the following: five (5) representatives of signatory UNIONS appointed by the UNIONS and five (5) representatives appointed by signatory EMPLOYERS, and the non-voting COORDINATOR. Matters before this Committee shall be settled by a quorum of three (3) or more UNION representatives and three (3) or more EMPLOYER representatives, with equal votes. A majority vote will settle any matters before the Executive Committee. In the event an issue, other than a proposed revision, is not resolved (i.e., tie vote) above, either party may serve upon the other and the COORDINATOR written notice by Certified Mail, within five (5) working days requesting that the dispute be resolved by arbitration. If such a written notice is served the parties shall jointly request the Federal Mediation and Conciliation Service to submit the names of five (5) qualified arbitrators, from which list the UNION and the EMPLOYER shall alternately strike names until only one name is left, which person shall hear and resolve the dispute. A hearing shall be conducted by the Arbitrator at which time the parties to the dispute shall be given the opportunity to appear and offer evidence in support of their positions. A decision by the arbitrator shall be rendered in writing by a reasonable time, not to exceed xxx (10) days after the conclusion of the hearing. The decision of the arbitrator shall be final and binding upon the parties. The reasonable expenses and fees of the arbitrator shall be borne equally by the parties. Members of the Executive Committee shall be appointed for a term of one (1) year. (Footnote 8, Executive Board 3/7/1985) Rules and Procedures (Available on request) (Footnote 9, Executive Board 4/30/1985) Notification by regular mail is acceptable, but certified mail is highly recommended. (Footnote 52, Executive Board 9/15/2011) Notification by electronic means is acceptable with receipt. (i.e., i.e. e-mail) ALTERNATE REPRESENTATIVES: Signatory UNIONS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. Signatory EMPLOYERS may appoint one (1) alternate representative to act in the official capacity of an appointed representative only in the absence of the appointed representative. The Co-Chairman will inform the Executive Committee of an absence of a duly appointed representative and who the Alternate Representative is replacing. Alternate Representatives may attend all Executive Committee meetings and have a voice but no vote.)