Included and Excluded Sample Clauses

Included and Excluded. Pursuant to and in accordance with all applicable provisions of Act 379 of Public Acts of 1965, as amended, the Employer recognizes the Union as the exclusive bargaining agent for all full-time and part-time food service employees, including assistant cooks, kitchen employees and food service van drivers; all regularly scheduled secretarial and clerical employees; all regularly scheduled custodial, maintenance, courier, and mechanic employees, except high school students; all full-time and part-time paraeducators, regularly scheduled to work ten
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Included and Excluded. The Board hereby recognizes the Association as the exclusive and sole bargaining agent for the appropriate bargaining unit, described and defined as: All professional personnel certified by the Michigan State Department of Education on tenure or probation, including teachers, guidance counselors, media specialists, administrative assistants, cooperative and vocational coordinators, social workers, speech and hearing therapists, advising or critic teachers, teachers of the home/bound or hospitalized, school nurses, occupational therapists and shared time teachers, all full−time and regular part−time certified community education teachers who teach over four (4) hours per week, permanent substitutes employed or to be employed by the Board, but excluding administrative and supervisory employees whose function is to evaluate the performance of professional personnel for the purpose of discipline, tenure or promotion or effectively to recommend discipline, tenure or promotion, the Superintendent, Assistant Superintendents, Community Education Directors, Principals, Assistant Principals, Office Coordinators, Supervisors, School Psychologists, and per diem substitutes. Specifically excluded are Community Education Intern and Public Service Contract positions, any position that is funded from sources other than membership from state aid and teachers of leisure−time courses. Persons in these excluded positions shall not be used to perform duties which shall effect a reduction in hours available to the regular teaching staff. Leisure−time courses shall be defined as courses without any FTE students.
Included and Excluded. The Board hereby recognizes the Association as the exclusive and sole bargaining agent for the appropriate bargaining unit, described and defined as: All professional personnel certified by the Michigan State Department of Education on tenure or probation, including teachers, guidance counselors, media specialists, social workers, speech and hearing therapists, teachers of the home/bound or hospitalized, school nurses, occupational therapists, but excluding administrative and supervisory employees whose function is to evaluate the performance of professional personnel.
Included and Excluded. The Board hereby recognizes the Association as the exclusive and sole bargaining agent for the appropriate bargaining unit, described and defined as: All professional personnel certified by the Michigan State Department of Education on tenure or probation, including teachers, guidance counselors, media specialists, social workers, speech and hearing therapists, teachers of the home/bound or hospitalized, school nurses, occupational therapists, all full−time and regular part−time certified community education teachers who teach over ten (10) hours per week, permanent substitutes employed or to be employed by the Board, but excluding administrative and supervisory employees whose function is to evaluate the performance of professional personnel for the purpose of discipline, tenure or promotion or effectively to recommend discipline, tenure or promotion, the Superintendent, Assistant Superintendents, Community Education Directors, Principals, Assistant Principals, Office Coordinators, Supervisors, School Psychologists, and per diem substitutes.
Included and Excluded. Pursuant to and in accordance with all applicable provisions of Act 379 of Public Acts of 1965, as amended, the Employer recognizes the Union as the exclusive bargaining agent for all full‐time and part‐time food service employees, including assistant cooks, kitchen employees and food service van drivers; all regularly scheduled secretarial and clerical employees; all regularly scheduled custodial, maintenance, courier, and mechanic employees, except high school students; all full‐time and part‐time paraeducators, Community Education paraeducators, and teacher assistants regularly scheduled to work ten (10) hours or more per week; and all regularly scheduled bus drivers and substitute bus drivers in its yellow school bus transportation operation employed by the Wyoming Public Schools, and Job Skills Trainers; but excluding Supervisors, Central Office, (except for Compensatory Education secretarial/clerical positions) Community Education secretaries, lunchroom/playground aides and all other employees.
Included and Excluded. Unless otherwise specified in a real estate purchase agreement, all fixtures and fittings that are attached to the Property are included, and personal property items are excluded, from the purchase price. All personal property Additional Items Excluded: ������������������������������� . All fixtures and fittings attached to the Property Additional Items Included: ����������������������������������������������������

Related to Included and Excluded

  • Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.

  • Claims Excluded The following are excluded from Company’s agreement to indemnify an Indemnitee under this Section 4.02:

  • Provisions Applicable to All Transfers and Exchanges (i) Subject to this Section 2.10, Physical Notes and beneficial interests in Global Notes may be transferred or exchanged from time to time and the Registrar will record each such transfer or exchange in the Register.

  • Certain Exclusions For purposes of determining whether and the extent to which the Total Payments will be subject to the Excise Tax, (i) no portion of the Total Payments the receipt or enjoyment of which the Executive shall have waived at such time and in such manner as not to constitute a “payment” within the meaning of Section 280G(b) of the Code shall be taken into account; (ii) no portion of the Total Payments shall be taken into account which, in the written opinion of an independent, nationally recognized accounting firm (the “Independent Advisors”) selected by the Company, does not constitute a “parachute payment” within the meaning of Section 280G(b)(2) of the Code (including by reason of Section 280G(b)(4)(A) of the Code) and, in calculating the Excise Tax, no portion of such Total Payments shall be taken into account which, in the opinion of Independent Advisors, constitutes reasonable compensation for services actually rendered, within the meaning of Section 280G(b)(4)(B) of the Code, in excess of the “base amount” (as defined in Section 280G(b)(3) of the Code) allocable to such reasonable compensation; and (iii) the value of any non-cash benefit or any deferred payment or benefit included in the Total Payments shall be determined by the Independent Advisors in accordance with the principles of Sections 280G(d)(3) and (4) of the Code.

  • Breach excludes 11 1) Any unintentional acquisition, access, or use of PHI by a workforce member or 12 person acting under the authority of CONTRACTOR or COUNTY, if such acquisition, access, or use 13 was made in good faith and within the scope of authority and does not result in further use or disclosure 14 in a manner not permitted under the Privacy Rule.

  • FREEDOM TO DEAL WITH THIRD PARTIES The Adviser shall be free to render services to others similar to those rendered under this Agreement or of a different nature except as such services may conflict with the services to be rendered or the duties to be assumed hereunder.

  • Limitations and exclusions of liability 16.1 Nothing in this Agreement will:

  • LIMITATION AND EXCLUSION OF LIABILITY 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you:

  • Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion First Tier Participants:

  • Non-Reliance and Exculpation The Investor acknowledges that it is not relying upon, and has not relied upon, any statement, representation or warranty made by any person, firm or corporation (including, without limitation, the Placement Agent, any of its respective affiliates or any control persons, officers, directors, employees, partners, agents or representatives of any of the foregoing), other than the statements, representations and warranties of ListCo expressly contained in Section 5 and ARYA expressly contained in Section 6 of this Subscription Agreement, in making its investment or decision to invest in ListCo. The Investor acknowledges and agrees that none of (i) any other investor pursuant to this Subscription Agreement or any other subscription agreement related to the private placement of the PIPE Securities (including the investor’s respective affiliates or any control persons, officers, directors, employees, partners, agents or representatives of any of the foregoing), (ii) the Placement Agent, its respective affiliates or any control persons, officers, directors, employees, partners, agents or representatives of any of the foregoing, or (iii) any other party to the Transaction Agreement or any Non-Party Affiliate, shall have any liability to the Investor, or to any other investor, pursuant to, arising out of or relating to this Subscription Agreement or any other subscription agreement related to the private placement of the PIPE Securities, the negotiation hereof or thereof or its subject matter, or the transactions contemplated hereby or thereby, including, without limitation, with respect to any action heretofore or hereafter taken or omitted to be taken by any of them in connection with the purchase of the PIPE Securities or with respect to any claim (whether in tort, contract or otherwise) for breach of this Subscription Agreement or in respect of any written or oral representations made or alleged to be made in connection herewith, as expressly provided herein, or for any actual or alleged inaccuracies, misstatements or omissions with respect to any information or materials of any kind furnished by ListCo, ARYA, the Company, the Placement Agent or any Non-Party Affiliate concerning ListCo, ARYA, the Company, the Placement Agent, any of its respective controlled affiliates, this Subscription Agreement or the transactions contemplated hereby. For purposes of this Subscription Agreement, “Non-Party Affiliates” means each former, current or future officer, director, employee, partner, member, manager, direct or indirect equityholder or affiliate of ListCo, ARYA, the Company, the Placement Agent or any of ListCo’s, ARYA’s, the Company’s or the Placement Agent’s respective controlled affiliates or any family member of the foregoing.

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