OWNER IN FACT Sample Clauses

OWNER IN FACT. An employee of a closely held corporation who is a spouse or other close relative of a majority shareholder of the Employer and/or who exercises control over the company may be deemed an “Owner in Fact” of the company. All determinations as to an individual's status as an “Owner in Fact” shall be made by the Labor-Management Committee, based on consideration of the individual's control over the company, and shall be conclusive upon the parties. Should the Committee fail to agree, the matter shall be referred to the Council on Industrial Relations. On behalf of any such “Owner in Fact” the Employer shall pay contributions to the Fringe Benefit Funds on the basis of actual gross wages and actual hours worked but at a minimum contributions shall be made as though such individual worked not less than forty (40) hours per week for fifty (50) weeks per year for Health & Welfare, Local Pension, NEBF, and JATC, with all other benefits paid on actual hours worked.
Sample 1
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OWNER IN FACT. An employee of a closely held corporation who is a spouse or other close relative of a majority shareholder of the Employer, and who enjoys special privileges or status and/or who exercises control over the company may be deemed to be an "Owner in Fact" of the company. On behalf of any such "Owner in Fact" the Employer shall pay contributions to the Fringe Benefit Funds on the basis of the gross wages of a journeyman for the hours actually worked by such individual, but at a minimum, contributions shall be made as though such individuals worked not less than 160 hours per month. All determinations as to an individual's status as "Owner in Fact" shall be made by the Labor- Management Committee, based on consideration of the individual's "special status" and/or the extent and nature of his control over the company, and shall be conclusive upon the parties. Should the Committee fail to agree, the matter shall be referred to the Council on Industrial Relations.
Sample 1
OWNER IN FACT. Section 2.01 (b) An employee of a closely held corporation who is a spouse or other close relative of a majority shareholder of the Employer and who enjoys special privileges or status and/or who exercises control over the company may be deemed to be an “Owner in Fact” of the company. On behalf of any such “Owner in Fact” the Employer shall pay contributions to the Fringe Benefits Funds, pursuant to Article VI and VII of this Agreement on the basis of the gross wages of the Journeyman for the hours actually worked by such individual, but at a minimum contribution shall be made as though such individual worked not less than one hundred sixty (160) hours per month for twelve (12) months per year for a total of one thousand nine hundred twenty (1,920) hours per year. All determination as to an individual’s status as “Owner in Fact” shall be made by the Labor Management Committee, based on consideration of the individual’s special status and/or the extent and nature of his control over the company, and shall be conclusive upon the parties. Should the Committee fail to agree, the matter shall be referred to the Council on Industrial Relations, pursuant to Section 1.08 of this Agreement.
Sample 1
OWNER IN FACT. An employee of a closely held corporation who is a spouse or other close relative of a majority shareholder of the Employer, and who enjoys special privileges or status and/or who exercises control over the company shall be deemed an “Owner in Fact” of the company. On behalf of any such “Owner in Fact” It is agreed that the full package of a journeyman xxxxxxx shall be reported and paid per the terms of the collective bargaining agreement. In witness whereof, the parties have executed this agreement on day of July, 2017.
Sample 1
OWNER IN FACT. An employee of a signatory contractor who is a spouse or other close relative of a majority shareholder of the Employer and who enjoys special privileges or status and/or who exercises control over the company may be deemed to be an “Owner-In-Fact” of the company. On behalf of such “Owner-In-Fact”, the Employer shall pay all contributions and fringe benefits in this Agreement on the basis of gross wages of a Residential Xxxxxxx for hours actually worked by such individual, but in no case shall the contributions be less than forty (40) hours per week for fifty (50) weeks per year.
Sample 1

Related to OWNER IN FACT

  • Attorney-in-Fact Subject to the Intercreditor Agreements, Mortgagor hereby irrevocably appoints Mortgagee as its attorney-in-fact, which agency is coupled with an interest and with full power of substitution, with full authority in the place and stead of Mortgagor and in the name of Mortgagor or otherwise (a) to execute and/or record any notices of completion, cessation of labor or any other notices that Mortgagee reasonably deems appropriate to protect Mortgagee’s interest, if Mortgagor shall fail to do so within ten (10) days (or such longer period as Mortgagee may agree in its reasonable discretion) after written request by Mortgagee, (b) upon the issuance of a deed pursuant to the foreclosure of this Mortgage or the delivery of a deed in lieu of foreclosure, to execute all instruments of assignment, conveyance or further assurance with respect to the Leases, Rents, Deposit Accounts, Property Agreements, Tax Refunds, Proceeds, Insurance, Condemnation Awards and Records in favor of the grantee of any such deed and as may be necessary or desirable for such purpose, (c) to prepare and file or record financing statements and continuation statements, and to prepare, execute and file or record applications for registration and like papers necessary to create, perfect or preserve Mortgagee’s security interests and rights in or to any of the Mortgaged Property, and (d) after the occurrence and during the continuance of any Event of Default, to perform any obligation of Mortgagor hereunder; provided, however, that (1) Mortgagee shall not under any circumstances be obligated to perform any obligation of Mortgagor; (2) any sums advanced by Mortgagee in such performance that are payable under Section 4.9(b) shall be added to and included in the Secured Obligations and, if not paid when due, shall bear interest at the rate provided therefor in Section 2.13(c) of the Credit Agreement; (3) Mortgagee as such attorney-in-fact shall only be accountable for such funds as are actually received by Mortgagee; and (4) Mortgagee shall not be liable to Mortgagor or any other person or entity for any failure to take any action which it is empowered to take under this Section 7.3. Mortgagor hereby ratifies all that such attorney shall lawfully do or cause to be done by virtue hereof.

  • Certificate of Limited Partnership The General Partner has caused the Certificate of Limited Partnership to be filed with the Secretary of State of the State of Delaware as required by the Delaware Act. The General Partner shall use all reasonable efforts to cause to be filed such other certificates or documents that the General Partner determines to be necessary or appropriate for the formation, continuation, qualification and operation of a limited partnership (or a partnership in which the limited partners have limited liability) in the State of Delaware or any other state in which the Partnership may elect to do business or own property. To the extent the General Partner determines such action to be necessary or appropriate, the General Partner shall file amendments to and restatements of the Certificate of Limited Partnership and do all things to maintain the Partnership as a limited partnership (or a partnership or other entity in which the limited partners have limited liability) under the laws of the State of Delaware or of any other state in which the Partnership may elect to do business or own property. Subject to the terms of Section 3.4(a), the General Partner shall not be required, before or after filing, to deliver or mail a copy of the Certificate of Limited Partnership, any qualification document or any amendment thereto to any Limited Partner.

  • SBC-12STATE 47.1.1 The terms contained in this Agreement and any Appendices, Attachments, Exhibits, Schedules, and Addenda constitute the entire agreement between the Parties with respect to the subject matter hereof, superseding all prior understandings, proposals and other communications, oral or written between the Parties during the negotiations of this Agreement and through the execution and/or Effective Date of this Agreement. This Agreement shall not operate as or constitute a novation of any agreement or contract between the Parties that predates the execution and/or Effective Date of this Agreement.

  • The Limited Liability Company The Members have created a limited liability company: [NAME OF THE LLC] ("Company") and formed on the date of [FORMATION DATE] in the State of Washington D.C. (“Governing Law”). The operations of the Company shall be governed by the laws located in the State of Governing Law and in accordance with this Agreement as follows:

  • Limited Agency (a) If the Access Holder is not also the Operator for a Path Usage, the Access Holder appoints each nominated Operator, as its agent for the following purposes:

  • Authorised Signatory An authorised signatory is required to sign this Data Sharing Agreement after all recommendations made by the Data Governance Board have been addressed and before the Data Sharing Agreement can be executed. This signatory has the role of accountability for the data sharing defined in this Data Sharing Agreement and holds the post of Principal Officer (equivalent) or above. The Parties hereby agree to their obligations pursuant to this Data Sharing Agreement for the transfer of personal data as described in this Data Sharing Agreement.

  • Limited Disclosure Enanta and Xxxxxx each agrees (a) that disclosure of its Confidential Information or any transfer of its Proprietary Materials may be made by the other Party to any employee, consultant, director or Affiliate of such other Party to enable such other Party to exercise its rights or to carry out its responsibilities under this Agreement; provided that any such disclosure or transfer shall only be made to Persons who are bound by written obligations as described in Section 7.1.3, and (b) disclosure of its Confidential Information may be made by the other Party (1) on a need-to-know basis to such other Party’s legal and financial advisors, or (ii) as reasonably necessary in connection with an actual or potential (A) permitted sublicense of such other Party’s rights hereunder, (B) debt or equity financing of such other Party or (C) Change of Control involving such other Party, provided, in any case, the Person receiving such Confidential Information of the other Party agrees in writing to maintain the confidentiality of such Confidential Information of the other Party with terms at least as restrictive as those contained in Section 7.1.1. In addition, each Party agrees that the other Party may disclose such Party’s Confidential Information (a) as reasonably necessary to file, prosecute or maintain Patent Rights, or to file, prosecute or defend litigation related to Patent Rights, in accordance with this Agreement or (b) as required by Applicable Laws; provided that, in the case of any disclosure under this clause (b), the Disclosing Party shall (i) provide the other Party with written notice not less than five (5) business days prior to such disclosure and provide the other Party with an opportunity to comment on any such required disclosure, (ii) if requested by such other Party, seek, or cooperate in all reasonable respects with such other Party’s efforts to obtain, confidential treatment or a protective order with respect to any such disclosure to the extent available at such other Party’s expense, and (iii) use good faith efforts to incorporate the comments of such other Party in any such disclosure or request for confidential treatment or protective order.

  • Representations and Warranties Concerning Motor Vehicles If in the course of Performance or in any other way related to the Contract the Contractor at any time uses or operates “motor vehicles,” as that term is defined by Conn. Gen. Stat. §14-1 (including, but not limited to such services as snow plowing, sanding, hauling or delivery of materials, freight or merchandise, or the transportation of passengers), the Contractor, represents and warrants for itself and the Contractor Parties, that:

  • Eindgebruikers binnen de Amerikaanse overheid De Apple software en de bijbehorende documentatie zijn “Commercial Items”, zoals omschreven in 48 C.F.R. §2.101, en bestaan uit “Commercial Computer Software” en “Commercial Computer Software Documentation”, zoals beschreven in 48 C.F.R. §12.212 of 48 C.F.R. §227.7202, afhankelijk xxx xxxxx paragraaf van toepassing is. Overeenkomstig 48 C.F.R. §12.212 of 48 C.F.R. §227.7202-1 tot en met 227.7202-4, afhankelijk xxx xxxxx paragraaf van toepassing is, xxxxxx de “Commercial Computer Software” en “Commercial Computer Software Documentation” aan eindgebruikers binnen de Amerikaanse overheid (a) alleen als “Commercial Items” in licentie gegeven en (b) alleen met de rechten die xxxxxx verleend aan alle andere eindgebruikers conform de voorwaarden die hierin xxxxxx genoemd. Ongepubliceerd: rechten voorbehouden krachtens de auteursrechtwetgeving van de Verenigde Staten.

  • W I T N E S S E T H In consideration of the mutual covenants hereinafter contained, it is hereby agreed by and between the parties hereto as follows:

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