Failure to Work Sample Clauses
The "Failure to Work" clause defines the consequences and procedures if a party does not perform their required duties or fails to commence work as agreed in a contract. Typically, this clause outlines what constitutes a failure to work, such as not starting a project on time or not meeting performance standards, and may specify remedies like withholding payment, imposing penalties, or allowing the other party to terminate the agreement. Its core practical function is to protect the interests of the non-breaching party by providing clear recourse in the event of non-performance, thereby encouraging timely and proper fulfillment of contractual obligations.
Failure to Work. Regardless of whether a per diem nurse has made himself/herself “available” to work pursuant to Section 5.5, if such nurse is not otherwise on a leave of absence and fails to work (excluding education or in-service hours) at least two shifts in a rolling six (6) month period, the Employer may administratively terminate the nurse’s employment for failure to work.
Failure to Work. An employee who may be requested to work on a holiday and who accepts such holiday work assignment and then fails to report for and perform such work, without reasonable cause, shall not receive regular pay for such holiday.
Failure to Work. An employee who is regularly scheduled to work on a recognized holiday and who does not work shall not receive holiday pay, except as shown in Section 7.02 of this Article
Failure to Work. Registered Nurses who may be requested to work on a holiday and who accepts such holiday work assignment and then fails to report for and perform such work, without reasonable cause, shall not receive regular pay for such holiday.
Failure to Work. An employee who is not eligible to receive the vacation previously entitled to, because he has not worked the required number of days in the previous payroll year, will nevertheless receive vacation vacation pay as follows: Previous Reduced Vacation Pay as a percentage of gross earnings during
Failure to Work. The substitute employee who fails to appear and work the exchanged shift, or is not properly excused from duty, shall be subject to disciplinary action.
Failure to Work. One of the thoughts to bear in mind regarding patent law is that the patents granted within a jurisdiction are to contribute to the national industrial development and not just constitute blocking rights preventing competitors from entering a country, or controlling the import to a specific state.277 The failure to use or “work” a patented invention is one example given on abuse of patent exclusivity in Article 5, Section A (2). The same Article gives the countries in the Paris Union the right to issue compulsory licenses in order to hinder patent abuse and therefore failure to work a patent. The members of the Union are free to define what constitutes failure to work a patent.278 Normally, working of a patent means industrial execution of the invention either through manufacture of the protected product or industrial application of a patented process within the patent-granting county. Consequently, neither import nor sale of a patented product or an article manufactured by a patented process is regarded as working. 273 Case C-24/67 Parke, Davis & Company ▇. ▇▇▇▇▇▇ and others, 29 February 1968 [1968] ECR 55, page 72 at paragraph 6, “…the sale price of the protected product may be regarded as a factor to be taken into account in determining the possible existence of an abuse…”. 274 Case C-402/85 Basset v Société des auteurs, compositeurs et éditeurs de musique (SACEM) [1987] ECR 1747 at paragraph 19. 275 Case C-395/87 Ministère public v ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇▇▇▇ [1989] ECR 2521 at paragraph 38. 276 Ibidem paragraph 38. 277 Bodenhausen p. 70, note (o). 278 Bodenhausen p. 71, note (h). The geographical area in which the working must take place is usually one state jurisdiction but is subject to the will of the members of the Union and can comprise more than one country.279 An application for a compulsory patent on the grounds of insufficient working must be refused if the right holder can justify his inaction by giving legitimate reasons.280 It is for the competent authorities of the Member States to decide what constitutes a legitimate reason.281 Non-working is not mentioned in the TRIPS agreement as grounds for compulsory licensing. TRIPS Article 27.1 states that “patents shall be…enjoyable without discrimination as to …whether products are imported or locally produced”. A section which can be interpreted in two ways. On the one hand it could mean that importation to a jurisdiction is to be regarded as placed on equal footing with the production within it.282 Thi...
Failure to Work. Since 1 May 2004 does 45 § patentlagen (1967:837) reflect three different corps of law, with three different jurisdictions.