INCAPABILITY Sample Clauses

INCAPABILITY. The following are examples of incapability: · Poor performance · Incompetence · Unsuitability · Lack of application These examples are not exhaustive or exclusive and instances of a similar nature will be dealt with under this procedure. Any one of the following penalties will be available to the Company in cases of incapability, which are upheld following a disciplinary interview and you have 12 months continuous service:
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INCAPABILITY. If the Executive is Incapable, in accordance with applicable law, the Company may terminate the Executive’s employment. If the Executive’s employment terminates in accordance with this Section 14, the Executive shall be entitled to receive any Accrued Obligations. For the purposes of this Agreement, the term “Incapable” shall mean the Executive is unable by reason of sickness, injury or other medical disorder or condition to carry out his duties under this Agreement for an aggregate period of 13 weeks in any 26-week period.
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INCAPABILITY. 2.7.1 The following are examples of incapability: Poor performance Incompetence Unsuitability Lack of application These examples are not exhaustive or exclusive and instances of a similar nature will be dealt with under this procedure. 2.7.2 The following procedure will apply in cases of incapability: FIRST WARNING: this will be given by the Board of Directors and will be confirmed to you in writing. This warning will specify the improvement required and will state that your work will be reviewed at the end of a period of one month after the date of the warning FINAL WARNING: this will be given by the Board of Directors and confirmed to you in writing. This warning will state that unless your work improves within a period of one month after the date of the warning your employment will be terminated.
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INCAPABILITY. 13.1 Where an employee is not capable of returning to his job due to ill health even if reasonable adjustments are made, and no suitable alternative employment can be found, notice of termination may be issued following a period of consultation. Such termination will usually be on the grounds of capability and will be carried out according to the dismissal and disciplinary procedure. In such circumstances pay may be given in lieu of notice. 13.2 Where absences are of a short term or multiple nature and the employee’s attendance record is unacceptable, the employee will be interviewed and may be issued with a formal warning that if his attendance record does not improve then dismissal may result. If, after such warning, the employee’s attendance record does not improve, the employee’s employment may be terminated on the grounds of capability or conduct or some other substantial reason depending on the circumstances of the case and will be carried out in accordance with the dismissal and disciplinary procedure. In such circumstances pay may be given in lieu of notice. 13.3 If during the currency of any notice of termination given to the employee pursuant to paragraphs 13.1 or 13.2 above, the employee provides medical evidence satisfactory to us to the effect that he has fully recovered his physical and/or mental health and that no recurrence of illness or incapacity can reasonably be anticipated we may withdraw the notice unless, by that date, a replacement for the employee has been appointed.
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INCAPABILITY the Note Issuer (acting on the instructions of the Note Trustee) is of the opinion that such Note Agent has become incapable of acting;
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INCAPABILITY. PROCEDURE --------- The following steps will be taken, as appropriate, in all cases where it is considered that disciplinary action is necessary. The Board may, in any individual case, elect to delegate some or all of the procedures listed below to a committee of the Board. Investigation No action will be taken before a proper investigation has been undertaken by the Board relating to the circumstances of the matter complained of. If appropriate, the Board may, by written notice, suspend the Executive for a specified period during which time the investigation will be undertaken. In the case of suspension the Executive's contract of employment will be deemed to continue together with the rights specified thereunder including the payment of salary and other benefits in kind, but during the period of suspension the Executive will not be entitled to enter upon the Company's premises except at the prior request or with the prior consent of the Board. Any decision to suspend the Executive will be notified by the Board and confirmed in writing.
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Related to INCAPABILITY

  • Capabilities A. The Parties agree that the DRE must possess the legal, technical, and financial capacity to: (1) Accept and expend non-federal funds consistent with Section 4.2.4; (2) Accept transfer of the FERC license and title for the Facilities from PacifiCorp; (3) Seek and obtain necessary permits and other authorizations to implement Facilities Removal; (4) Enter into appropriate contracts and grant agreements for effectuating Facilities Removal; (5) Perform, directly or by oversight, Facilities Removal; (6) Prevent, mitigate, and respond to damages the DRE or any of its contractors, subcontractors, or assigns cause during the course of Facilities Removal, and, consistent with Applicable Law, respond to and defend associated liability claims against the DRE or any of its contractors, subcontractors, or assigns, including costs thereof and any judgments or awards resulting therefrom; (7) Carry the required insurance and bonding set forth in Appendix L to respond to liability and damages claims associated with Facilities Removal against the DRE or any of its contractors, subcontractors, or assigns; (8) Meet the deadlines set forth in Exhibit 4; and (9) Perform such other tasks as are reasonable and necessary for Facilities Removal. B. Before the DRE and PacifiCorp file the joint application to transfer the license for the Facilities, the DRE will Timely demonstrate to the reasonable satisfaction of the States and PacifiCorp that it possesses the legal, technical, and financial capacity to accomplish the tasks in Sections 7.1.2.A(1) through (5), (8), and (9). PacifiCorp and the States will consult if the DRE fails to make the demonstration required in this subsection. C. Within six months of the DRE’s execution of the Settlement, the DRE will include in an informational filing in the FERC license transfer proceeding proof that it possesses the legal, technical, and financial capacity to accomplish the tasks in Sections 7.1.2.A(6) and (7). This filing will include documentation that the DRE meets the requirements of Parts II, III, and IV of Appendix L and is capable of fulfilling its obligations under Section 7.1.3. The DRE will not provide the filing if either of the States or PacifiCorp objects to the filing after a reasonable opportunity to review before submission to FERC. The six-month deadline may be changed by agreement of the DRE, the States, and PacifiCorp. The Parties will Meet and Confer if the DRE fails to provide the informational filing to FERC.

  • Capability 12 – Public health laboratory testing is the ability to implement and perform methods to detect, characterize, and confirm public health threats. It also includes the ability to report timely data, provide investigative support, and use partnerships to address actual or potential exposure to threat agents in multiple matrices, including clinical specimens and food, water, and other environmental samples. This capability supports passive and active surveillance when preparing for, responding to, and recovering from biological, chemical, and radiological (if a Radiological Laboratory Response Network is established) public health threats and emergencies.

  • Incapacity If a Limited Partner is subject to Incapacity, the executor, administrator, trustee, committee, guardian, conservator or receiver of such Limited Partner’s estate shall have all the rights of a Limited Partner, but not more rights than those enjoyed by other Limited Partners, for the purpose of settling or managing the estate, and such power as the Incapacitated Limited Partner possessed to Transfer all or any part of its interest in the Partnership. The Incapacity of a Limited Partner, in and of itself, shall not dissolve or terminate the Partnership.

  • Inability to Perform This Lease and the obligations of the Tenant hereunder shall not be affected or impaired because the Landlord is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the Landlord.

  • OPERATIONAL CAPABILITY Contractor represents and warrants, as previously certified in Contractor’s Bidder’s Certification, that Contractor has the operational and financial capability to perform the Contract.