Order of. 1 Procedure .......................
Order of. Execution The Company takes all reasonable steps and a number of factors into account, so as to obtain the best possible results for the Company’s clients, either when executing client orders or receiving and transmitting orders for execution, in relation to financial instruments.
Order of. DETERMINATIONS--The determination of Excess 401(m) Contributions shall be made after first determining Excess Deferrals, and then determining Excess 401(k)
Order of. In the a conflict between the cod}erator!s. proposal and this I:otice of Cooperative Agreemen he terms'of the flotice of Cooperative Agreement Award shall prevail.
Order of. When it becomes necessary to reduce the work force, the order shall be: FIRST: Part-time employees provided there are full-time employees willing to accept this assignment.
Order of. Precedence Dispute Resolution • Those clauses usually specify that unresolved disputes will be heard in the state courts where one party is headquartered – (usually the Publisher’s home state in the case of software licenses) – and that state’s laws will be applied. • FAR 52.233-4 and DFARS 252.233-7001 specify that unresolved disputes will be heard in U.S. Federal Court and that federal law will be applied.
Order of. Precedence Dispute Resolution • Commercial companies negotiate this and usually allow the more specific document or clauses to overrule less specific ones. • FAR 52.212-4 (s) specifies OOP. For Government license agreements… • (1) Schedule of Supplies/Services. • (4) Addenda, including EULAs • (9) Specification 72 XXXX Key Clauses / General Provisions License Grant Pricing Warranty Maintenance General Provisions FAR & DFARS Termination Governing Law • Most Commercial agreements specify dispute resolution mechanisms. Order of Precedence • These often include some form of arbitration and conditions for suing in a court of law. • FAR 52.212-4 (d) and the Disputes Act of 197 Dispute Resolution • Disputes must be referred initially to the Contracting Officer for resolution. See FAR 52.233-1 for the specific process. • Contractor must continue performance of contract obligations until the dispute is fully resolved. Prepared by DoD ESI | 2015 General Services Acquisition Regulation (GSAR) Class Deviation GSAR Class Deviation Reference: • Acquisition Letter MV-15-03 dated July 31, 2015 Situation: • Commercial Supplier Agreement Terms may include clauses that are improper or illegal for Government to accept • Conflicting & recurring clauses cause contracting personnel to waste time repeatedly having to negotiate these terms.
Order of application Subject to Clause 28.2 (Prospective liabilities), all amounts from time to time received or recovered by the Lender pursuant to the terms of any Finance Document or in connection with the realisation or enforcement of all or any of the Transaction Encumbrances (for the purposes of this Clause 28, the “Recoveries”) shall be held by the Lender on trust to apply them at any time as the Lender (in its discretion) sees fit, to the extent permitted by applicable law (and subject to the provisions of this Clause 28), in the following order:
Order of. Layoffs are to begin in the classifications of temporary, regular part-time employees first with full-time employees laid off last. No full-time employee within the bargaining unit shall be laid off by reason of full-time hours being assigned to one or more part-time employees. Both parties recognize that job security shall increase in propor- tion to the number of hours worked. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their bargaining-unit-wideseniority. Role of Seniority in and Recalls Both parties recognize that job security shall increase in propor- tion to the number of hours worked. Therefore, in the event of a layoff, employees shall be laid off in the reverse order of their bargaining-unit-wideseniority. An employee in receipt of notice of layoff may: accept the layoff; or opt to receive a separation allowance as outlined in the Employment Standards Act opt to retire, if eligible under the terms of the pension plan; or displace another employee who has lesser bargaining unit seniority in the bargaining unit if the employee originally subject to layoff has the qualifications to meet the normal requirements of the job. An employee so displaced shall be deemed to have been laid off and shall be entitled to notice in accordance with the provisions pertainingto notice of layoff. An employee who chooses to exercise the right to displace another employee with lesser seniority shall advise the Employer of his or her intention to do so and the position claimed within seven (7) days after receivingthe notice of layoff. An employee who is subject to layoff other than a layoff of a permanent or long-term nature shall have the right to accept the layoff or displace another employee in accordance with (a) and above. If an employee bumps into a position having seniority but not the necessary qualifications, the employer agrees to hold that position open for the employee for a period not to exceed twelve (12) months so the employee can obtain the necessary qualifications. The Employee’s health benefits will be maintained for the period of absence. When a member of the bargaining unit into a position in the bargaining unit, shall be assigned a famil- iarization period of two (2) months.
Order of. Precedence All documents and provisions in this PO shall be read so as to be consistent to the fullest extent possible. In the event of a conflict or inconsistency between the documents, then Seller shall notify Buyer of the conflict, so that the Buyer can resolve the conflict. b. If the Buyer cannot resolve the conflict, then the documents as incorporated into the PO shall prevail in the order listed below, with the first document listed having the highest precedence: (i) the Contract and attachments; (ii) the PO; (iii) any specifications and statements of work (using the most recently agreed to and issued version); and (iv) all other attachments, exhibits, appendices, and other documents or terms incorporated by reference or as attached.
