FUNCTIONS OF MANAGEMENT 4.01 The Union agrees that the Employer has the exclusive right and power to manage its business to direct the working forces and to suspend, discharge or discipline employees for just and sufficient cause, to hire, promote, demote, transfer or lay-off employees, to establish and maintain reasonable rules and regulations covering the operation of the stores, provided however, that any exercise of these rights and powers in conflict with any of the provisions of this Agreement shall be subject to the provisions of the Grievance Procedure as set out herein.
4.02 It is agreed that the direction of the working force shall be at the discretion of the Employer within the terms of this Agreement.
Obligations of the Adviser (a) The Adviser shall provide (or cause the Fund’s Custodian (as defined in Section 5 hereof, the Fund’s accountant and the Fund’s distributor) to provide) timely information to the Sub-Adviser regarding such matters as the composition of the Sub-Advised Assets, cash requirements and cash available for investment in the Sub-Advised Assets, and all other information as may be reasonably necessary for the Sub-Adviser to perform its responsibilities hereunder.
(b) The Adviser has furnished the Sub-Adviser with a copy of the prospectus and statement of additional information of the Fund and it agrees during the continuance of this Agreement to furnish the Sub-Adviser copies of any revisions or supplements thereto at, or, if practicable, before the time the revisions or supplements become effective. The Adviser agrees to furnish the Sub-Adviser with copies of any financial statements or reports made by the Fund to its shareholders, and any further materials or information that the Sub-Adviser may reasonably request to enable it to perform its functions under this Agreement.
Obligations of the Parties Clause 8
INTENTIONS OF THE PARTIES 7.1 The intentions of the parties in reaching the Agreement are to:-
7.1.1 provide for an efficient, progressive and prosperous plumbing employer for the benefit of the employer and its employees;
7.1.2 improve job satisfaction and continuity of employment for employees;
7.1.3 create a co-operative and productive employer environment;
7.1.4 maintain a safe working environment;
7.1.5 ensure the integrity of structured training consistent with national competency standards;
7.1.6 The employer, employees and the Union recognise the significance of First Nations People in the State of Victoria.
7.1.7 The parties to this Agreement commit themselves to ensuring that they engage First Nations people and people from culturally and linguistically diverse backgrounds as a priority. This includes the creation and adoption of policies that will provide better employment opportunities for women, mature age, Aboriginal and ▇▇▇▇▇▇ ▇▇▇▇▇▇ Islander people, returned soldiers and other groups that have previously been excluded from opportunities in the plumbing industry. Commitments
7.1.8 The parties to this Agreement are committed to:
7.1.9 The parties to this agreement also acknowledge that:
7.1.10 To try and reduce the chance of suicide by an employee, the employer agrees to provide training to elected OHS Representatives.
7.1.11 In addition to an OHS Representative, the employer may agree to provide training to an employee or employees that have expressed a desire to be trained in suicide prevention training.
7.1.12 The employer agrees to release those employees referred to in clause 7.1.10 and 7.1.11, to undertake suicide prevention training, without loss of pay.
7.1.13 The training is intended to educate those employees referred to in clause 7.1.10 and 7.1.11 in recognising potentially suicidal behaviour and to give them the simple skills needed to intervene and to keep that employee safe until they can gain professional help.
7.1.14 The training is to be conducted by a training provider which has been agreed by the parties to this Agreement.
Conditions to Obligations of the Parties The obligations of Buyer, Tribune and ▇▇▇▇▇▇▇▇ to consummate the transactions contemplated by this Agreement shall be subject to the fulfillment or waiver (such waiver to be granted by Buyer and ▇▇▇▇▇▇▇▇ (including on behalf of Tribune) as it relates to Sections 10.01(a), (b) and (c) below, and by Buyer, ▇▇▇▇▇▇▇▇ and Tribune, solely as it relates to Section 10.01(d) below, in each case, if permitted by Law), at or prior to the Closing, of each of the following conditions:
(a) No provision of any applicable Law and no Order shall be in effect which has the effect of making the transactions contemplated hereby illegal or otherwise prohibits the consummation of the Closing.
(b) The FCC Consent and the HSR Clearance, if any, shall have been granted or obtained and be effective.
(c) Solely in the event that ▇▇▇▇▇▇▇▇ agrees to divest KSTU and KCPQ (collectively, the “Covered Stations”) in order to obtain the DOJ’s approval of the Merger, the execution by the DOJ of the DOJ Consent Decree with respect to the sale of the Covered Stations to Buyer pursuant to this Agreement or if the DOJ otherwise consents in writing with respect to such sale of the Covered Stations to Buyer. For the avoidance of doubt, if for any reason the divestiture of the Covered Stations is not required by the DOJ as a condition to the DOJ’s approval of the Merger, then the foregoing consent of DOJ shall not be a condition to the sale of the Covered Stations under this Agreement, and such Covered Stations shall be subject only to those conditions applicable to all Stations pursuant to the terms and subject to the conditions of this Agreement.
(d) The conditions to the Tribune Closing shall have been satisfied or waived (except for any conditions that by their nature can only be satisfied at or as of the Tribune Closing, which conditions will be satisfied or waived at the Tribune Closing) and the Tribune Closing shall have occurred or shall be scheduled to occur immediately following the Closing.
