LOSS OF RECALL Sample Clauses

LOSS OF RECALL. BUYER will be responsible for all costs associated with any recall. SELLER will reimburse BUYER for that portion of any actual, out of pocket expenses incurred in conducting a recall that is attributable to (i) a failure of the GOODS to meet the SPECIFICATIONS, or any other breach by SELLER of its representations, warranties, or other obligations under this AGREEMENT, or (ii) SELLER’s gross negligence, intentional or willful misconduct. In the event that a recall is attributable to SELLER’s gross negligence, intentional or willful misconduct, SELLER shall reimburse BUYER for any and all damages, losses, expenses, and costs incurred in connection with conducting such recall, including indirect, incidental, special, punitive, and consequential damages. For purposes of this AGREEMENT, “gross negligence” shall mean any act or failure to act (whether sole, joint or concurrent) which is in reckless disregard of or indifference to the harmful consequences of such action. In the event that scientific testing and investigation costs are incurred in order to determine whether or not SELLER bears any responsibility for the recall, BUYER shall pay for such testing, subject to reimbursement as described above it if is determined that SELLER bears some portion of the responsibility for the recall.
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LOSS OF RECALL rights In the event an employee refused to recall to a classification other than that from which he was laid off, such employee shall lose recall rights for the original classification. If said refusal is for a recall to the employee’s original classification, such employee shall be removed from the recall list.
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LOSS OF RECALL. The employee shall lose recall rights only when the employee is offered recall to a permanent bid job and refuses recall. The employee signs a bid and is awarded a new permanent job class.
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Related to LOSS OF RECALL

  • PROCUREMENT OF RECOVERED MATERIAL H-GAC and the Respondent must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include: (1) procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; (2) procuring solid waste management services in a manner that maximizes energy and resource recovery; and (3) establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Pursuant to the Federal Rule above, as required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6962(c)(3)(A)(i)), Respondent certifies that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the Contract will be at least the amount required by the applicable contract specifications or other contractual requirements. A RTICLE 40: XXXXXXXX “ANTI-KICKBACK” ACT Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into the contract. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as appropriate agency instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. A breach of the contract clauses above may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

  • Order of Recall As vacancies occur, employees will be recalled to available work in the order of the seniority providing skill; competence and ability are considered substantially equal in the judgment of the Employer. Subject to the above qualifications, an employee on layoff shall be offered reinstatement to vacant positions prior to any employees being newly hired and after any appropriate internal transfers as further set forth in this section. Employees regularly assigned to a specific unit, department or facility will be given preferential consideration for transfer to other shifts or positions in that unit, department or facility over all other employees except more senior employees returning from layoff status to their previous unit and shift or position and department/facility. If any offer of recall is accepted, the employee shall be deemed recalled and be removed from the recall roster. Any recall of employees out of seniority will be communicated to the Union representative in advance of the recall.

  • Procurement of Recovered Materials (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired

  • Layoff Recall Section 1. Bargaining unit employees shall be laid off and recalled on the basis of available work within each job classification. Layoffs shall be in reverse order of seniority and recalls shall be in order of seniority; provided however, that in order to avoid layoff and in order to be subject to recall, the most senior employee within the affected classification must be qualified, in the judgment of the University, to perform all available work. Any gross abuse of the University's discretion to judge qualifications shall be subject to the grievance procedure. Any employee who would otherwise be laid off may bump (i.e., replace) the least senior employee in another bargaining unit job classification if they previously held such job with the University and remain qualified, in the judgment of the University, to perform all work available in the job into which they are bumping. An employee who elects not to bump shall not lose their right to recall to the employee’s regular job, but shall lose their bumping rights for the duration of the layoff. When it becomes necessary to lay off an employee, such employee shall, if possible, be notified at least ten (10) work days before the layoff occurs; provided, however, such notice shall not be required with respect to temporary layoffs or lack of work occasioned by breakdown of machinery, floods, fires, utility failures, Acts of God, or other causes beyond the University's control. When an employee is to be recalled from layoff, the University shall notify the employee by telephone (confirmed by certified or hand delivered letter, copy to Chief Xxxxxxx) specifying the time to report back to work, which notice shall, if possible, not be less than five (5) work days prior to the reporting time. In order to be eligible for recall, any employee who is laid off must keep the University currently advised in writing of their current whereabouts, address and telephone number, and any temporary changes thereof. The employee shall, within twenty-four (24) hours after receiving notice of recall, notify the University if for any reason the employee cannot report for work at the specified time. In the event an employee is unable to return to work due to illness or injury certified by a physician, the employee shall not lose their right to subsequent recall but the University may pass them over in order to fill an available position.

  • LAY-OFF & RECALL These provisions shall be utilized to protect regular employees, wherever possible, from loss of employment, with the exception of employees who are dismissed for cause.

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