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Page. 7.3 Surrender of the Premises 19 ARTICLE 8. CONSTRUCTION ACTIVITIES AND ALTERATIONS 19 8.1 Plans and Specifications 19 8.2 Construction of LNG Facility 19 8.3 Insurance Covering Lessee's Work 20 8.4 Relocation of Utilities 20 8.5 Personal Property 20 8.6 Liens and Notices of Violation Prohibited 20 8.7 Mechanics' Liens 20 8.8 Lessor's Right to Discharge 21 8.9 Permits 21 8.10 Sharing of Information 21 8.11 Lessor's Additional Improvements 21 8.12 Future Alterations 22 ARTICLE 9. DESTRUCTION 22 9.1 Obligation to Rebuild 22 9.2 No Abatement of Rent 23 ARTICLE 10. CONDEMNATION 23 10.1 Rights 23 10.2 Total Taking 23 10.3 Substantial Taking 23 10.4 Possession Following Notice of Taking 23 10.5 Apportionment for Award of Total Taking 23 10.6 Partial Taking 24 10.7 Taking for Temporary Use 24 10.8 Remediation Obligations 24 10.9 Sole and Exclusive Remedies 24 ARTICLE 11. LESSEE'S DEFAULT 24 11.1 Lessee's Default Defined 24 11.2 Lessor's Right to Terminate 25 11.3 Lessor's Right Not To Terminate 26 11.4 Cessation of Services 26 11.5 General 26 11.6 Right of Lessor to Perform 26 ARTICLE 12. LESSOR'S DEFAULT 26 12.1 Lessor's Default Defined 26 12.2 Lessee's Remedies 26 12.3 Limitations on Lessor's Liability 27 12.4 Termination of Services by Lessor 28 ARTICLE 13. ESTOPPEL CERTIFICATES AND SALE BY LESSOR 29 13.1 Estoppel Certificates, etc. 29 13.2 Failure to Deliver Estoppel Certificates 29 13.3 Liability Upon Transfer 29 ARTICLE 14. ASSIGNMENT AND SUBLETTING 30 14.1 Generally Forbidden 30 [***] Confidential portions of this document have been redacted and filed separately with the Commission. 14.2 Permitted Transactions 30 14.3 Transfer Procedures 30 14.4 Prohibited Persons 31 14.5 Miscellaneous Provisions 31 ARTICLE 15. RIGHT OF FIRST REFUSAL 31 15.1 ROFR Notice 31 15.2 Response to ROFR Notice 31 15.3 Timing of Transfer; Change of Terms 32 15.4 Termination of Right 32 15.5 Valuation 32 15.6 Transfer Defined 32 15.7 Right of First Refusal Exercised 32 15.8 No Waiver of Assignment Restrictions 32 ARTICLE 16. FORCE MAJEURE 32 16.1 Effect of Force Majeure Events 32 16.2 Certain Delays not Excused 33 16.3 Notice of Force Majeure Events 33 16.4 Period of Suspension or Delay and Mitigation 33 ARTICLE 17. REPRESENTATIONS AND WARRANTIES 33 17.1 Representations and Warranties of Lessee 33 17.2 Representations and Warranties of Lessor 34 17.3 Acknowledgment 34 ARTICLE 18. JOINDER 35 18.1 Joinder of CE Construction 35 ARTICLE 19. MISCELLANEOUS PROVISIONS 35 19.1 Headings 35 19...
Page. Stock Exchange De-listing 47 6.8 Publicity 47 6.9 Employee Benefits 47 6.10 Expenses 48 6.11 Indemnification; Directors’ and Officers’ Insurance 49 6.12 Other Actions by the Company 51
Page. Title to Property; Leases 7 Section 5.11 Licenses, Permits, Etc 7 Section 5.12 Compliance with ERISA 8 Section 5.13 Private Offering by the Company 9 Section 5.14 Use of Proceeds; Margin Regulations 9 Section 5.15 Existing Debt; Future Liens 9 Section 5.16 Foreign Assets Control Regulations, Etc 10 Section 5.17 Status under Certain Statutes 10 Section 5.18 Investment Company Act 10 Section 5.19 Environmental Matters 11 Section 5.20 Notes Rank Pari Passu 11 Section 5.21 Credit and Collection Policy 11 SECTION 6. REPRESENTATIONS OF THE PURCHASERS 11 Section 6.1 Purchase for Investment 11 Section 6.2 Source of Funds 12 Section 6.3 Accredited Investor 13 SECTION 7. INFORMATION AS TO COMPANY 13 Section 7.1 Financial and Business Information 13 Section 7.2 Officer’s Certificate 15 Section 7.3 Inspection 16 SECTION 8. PREPAYMENT OF THE NOTES 16 Section 8.1 Required Prepayments 16 Section 8.2 Optional Prepayments with Make-Whole Amount 16 Section 8.3 Prepayment for Tax Reasons 17 Section 8.4 Allocation of Partial Prepayments 18 Section 8.5 Maturity; Surrender, Etc 18 Section 8.6 Purchase of Notes 18 Section 8.7 Make-Whole Amount 18 Section 8.8 Payments Free and Clear of Taxes 20 SECTION 9. AFFIRMATIVE COVENANTS 23 Section 9.1 Compliance with Law 23 SECTION HEADING
Page. Employee and Union Co-operation Union Security Hours of Work Overtime Rate of Pay Statutory Holidays Rest Periods Wages Travel Time Vacations Maternity Leave Jury Duty No Strike No Lockout Seniority Discharge of Employees Subject to Arbitration Notice Required for Pay in Lieu of Notice in Cases of Dismissal Business Agents Visits Complaints and Cash Shortages Sick Leave With Pay Bereavement Leave With Pay Leave of Absence Without Pay Doctor’s Appointment Health and Welfare Canadian Commercial Workers Industry Pension Plan Company Meetings Supplier’s Representative Employee Privileges Disciplinary Interviews Union Decal Expiration and Renewal Hours of Work Employee and Union Co-operation Rest Periods No Strike No Lockout Seniority Discharge of Employees Subject to Notice Required for Pay in Lieu of Notice in Cases of Dismissal Business Agents Visits Complaints and Grievance Procedure Cash Shortages Dental Plan Wages Maternity Leave Bereavement Leave Sick Leave Work Closest to Home Travel Time Leave of Absence Without Pay Canadian Commercial Workers Industry Pension Plan Health and Welfare Company Meetings Disciplinary Interviews Expiration and Renewal Appendix Wages Appendix Wages Appendix Wages Appendix Wages Appendix Appendix D Letters of Agreement Letter of Agreement Letter of Agreement Former Kent Drugs Letter of Agreement Drug Warehouse Retail Stores Letter of Agreement Cosmetic Commission Letter of Agreement Protocol for New Stores Acquisitions Letter of Agreement Technological Letter of Agreement Staff Training Letter of Agreement Par-time Drug Benefit Letter of Agreement Leukemia Letter of Agreement Liability Insurance with respect to its stores in Ontario except the stores in the Regional Municipality of Ottawa-Carleton (Hereinafter referred to as the “Company”) (Hereinafter referred to as the “Union”)
Page. Section 6.04 No Duties Except as Specified in this Agreement or in Instructions ........................................... 11 Section 6.05 No Action Except Under Specified Documents or Instructions ................................................ 11
Page. 1.1 INVITATION TO TENDER 2 1.2 TENDER CONDITIONS AND INFORMATION 3 1.3 GENERAL CONDITIONS OF CONTRACT 9 1.4 TERMS OF REFERENCE AND GENERAL INFORMATION 15 SECTION 2 2.1 SPECIAL CONDITIONS OF CONTRACT 20 SECTION 3
3.1 MBD1: BID FOR REQUIREMENTS OF THE MUNICIPALITY OF MOSSEL BAY 22 SECTION 4 4.1 MBD4: DECLARATION OF INTEREST 23 4.2 MBD6.1: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL PROCUREMENT REGULATIONS, 2001 25 4.3 MBD6.11: PREFERENCE POINTS CLAIM FORM IN TERMS OF THE PREFERENTIAL POCUREMENT REGULATIONS 2001 - PROMOTION OF ENTERPRISES LOCATED IN A SPECIFIC MUNICIPAL AREA 34 4.4 MBD8: DECLARATION OF ▇▇▇▇▇▇’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 37 4.5 MBD9: CERTIFICATE OF INDEPENDENT BID DETERMINATION 40 SECTION 5 DECLARATION 43 SECTION 6 CONTRACT FORM 44 SECTION 1.1: INVITATION TO TENDER CLOSING TIME: 12:00 CLOSING DATE: 9 DECEMBER 2011 TENDER 97/2011: LEASE OF MUNICIPAL BUILDING, OLD TOLL HOUSE, HARTENBOS (PORTION OF ERF 2394, ±600m²) The Mossel Bay Municipality hereby invites tenders for the leasing of the municipal building known as the Old Toll House in Hartenbos, for a period of three (3) years. The building is in need of upgrading, which will be for the account of the lessee. Tenders must be submitted on the original documents and remain valid for ninety (90) days after the closing date of the tender. Enquiries pertaining to the specifications can be addressed to ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ at telephone (▇▇▇) ▇▇▇-▇▇▇▇. Enquiries pertaining to the completion of the documents can be addressed to Mr ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ at telephone (▇▇▇) ▇▇▇-▇▇▇▇. A set of tender documents can be obtained at a non-refundable cost of R50 per set from ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ at telephone (▇▇▇) ▇▇▇-▇▇▇▇. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. Documents that are e-mailed to prospective bidders will be free of charge. Documents will only be handed to prospective bidders who produce a receipt for the payment of the tender document. Payments must be made by crossed cheque payable to the Mossel Bay Municipality. A set of fully completed tender documents must be placed in a sealed envelope and placed in the tender box on the Lower Ground floor (seaside) at the Mossel Bay Municipality by not later than 12:00 on Friday, 9 December 2011 or be mailed to reach the Tender Box, Mossel Bay Municipality, PO Box 25, Mossel Bay, 6500 before the specified closing date and time. The envelopes must be endorsed clearly with the number, title and closing...
Page. All employees shall, as a condition of employment, authorize the Company to deduct the amount equal to the Local Union's Initiation Fees in instalments of dollars per week after the completion of the probationary period. This deduction shall continue until the Initiation Fee is paid in full. The Company agrees to remit such monies so deducted to the head office of the Local Union along with a list of the employees from whom the money was deducted at the same time as the Union dues are remitted. The Company agrees, for the duration of this Agreement, to deduct from the last pay cheque each month the monthly dues of any employee covered by this Agreement, and to remit such monies so deducted to the head office of the Local Union along with a list of the employees from whom were deducted not later than the tenth day of the month following the date upon which such monies were deducted. The checkoff list will include social insurance numbers and names. The Union will notify the Company in writing of any arrears in dues caused for any reason or any arrears in initiation or fees and the Company will commence deductions in amounts prescribed by the Local Union in such written notice and forward such monies to the Local Union along with the monthly dues as provided for above. Such notice of arrears served on the Company shall prescribe payroll deductions of not more than dollars ($25.00) per week. The Union will refund directly to the employee any such monies deducted in error along with confirmation of such refund to the Company. The Union will supply the Company with a supply of printed checkoff forms which shall provide a column for "Dues", "Arrears in Dues", "Initiation and The Company shall each month add the of each new employee hired on since the remittance of the previous checkoff along with the starting date and the Company shall give an explanation alongside the name of each employee who appeared on the previous checkoff sheet for whom a remittance is not made for any reason. The Union will supply with Initiation Deduction Authorization Forms, Application for Membership Dues Deduction Authorization Forms and Health and Welfare Enrolment Forms, all of which shall be signed by a l l new employees on the date of hire. It will be the responsibility of the Company to ensure that all completed Application for Membership Forms are returned to the Union. All forms shall be returned to the Union within seven days from the date of hire. The deduction of Union dues ...
Page. 1. SENIORITY 31 Definition 31 Local Union Seniority 31 Departmental Seniority 31 Seniority in Event of Transfer Outside or Within Jurisdiction of the Union 31 Seniority as of July 1, 1950 31 Seniority of New Employees and of Employees Returning to Work After Leaving Employment 32 Rights and Privileges Arising From Seniority 33 Bidding Procedure 33 Acceptance and Job Anniversary Date 34 Transfers and Vacancies 34 Temporary Transfers 34 Temporary Employees 35 Seniority Lists 35 Choice of Vacation 35 Seniority of Employees Serving in the Defense Of the United States 35 2. OVERTIME 36
3. EMPLOYMENT 40
4. SCHEDULES 40 Continuous Rotating Shifts 40 Change in Schedule of Non-rotating shift Employees 41 5. HOLIDAYS 41 6. SAFETY RULES 42 a. Items Included by Reference 42 b. Cooperation 42 c. Work on Voltages Between 600 Volts And 15, 000 volts 42 d. Work Above 15,000 Volts 43
Page. Section 902. Supplemental Indentures and Agreements with Consent of Holders. 97 Section 903. Execution of Supplemental Indentures and Agreements. 98 Section 904. Effect of Supplemental Indentures 98 Section 905. Conformity with Trust Indenture Act. 98 Section 906. Reference in Securities to Supplemental Indentures. 99 Section 907. Notice of Supplemental Indentures 99 Section 1001. Payment of Principal, Premium and Interest. 100 Section 1002. Maintenance of Office or Agency 100 Section 1003. Money for Security Payments to Be Held in Trust. 100 Section 1004. Corporate Existence. 102 Section 1005. Payment of Taxes and Other Claims. 102 Section 1006. Maintenance of Properties. 102 Section 1007. Maintenance of Insurance. 103 Section 1008. Limitation on Indebtedness. 103 Section 1009. Limitation on Restricted Payments. 106 Section 1010. Limitation on Transactions with Affiliates. 111 Section 1011. Limitation on Liens. 112 Section 1012. Limitation on Sale of Assets. 113 Section 1013. Limitation on Issuances of Guarantees of and Pledges for Indebtedness 117 Section 1014. Purchase of Securities upon a Change of Control. 118 Section 1015. Limitation on Subsidiary Preferred Stock 122 Section 1016. Limitation on Dividends and Other Payment Restrictions Affecting Subsidiaries. 122 Section 1017. Limitation on Senior Subordinated Indebtedness. 123 Section 1018. Limitations on Unrestricted Subsidiaries. 124 Section 1019. Provision of Financial Statements. 125 Section 1020. Statement by Officers as to Default. 126 Section 1021. Waiver of Certain Covenants 126 Section 1101. Rights of Redemption. 127 Section 1102. Applicability of Article. 127 Section 1103. Election to Redeem; Notice to Trustee. 127 Section 1104. Selection by Trustee of Securities to Be Redeemed. 127 Section 1105. Notice of Redemption. 128 Section 1106. Deposit of Redemption Price. 129 Section 1107. Securities Payable on Redemption Date. 129 Section 1108. Securities Redeemed or Purchased in Part 129 Section 1201. Satisfaction and Discharge of Indenture. 130 Section 1202. Application of Trust Money 131 Section 1301. Guarantors’ Guarantee. 131 Section 1302. Continuing Guarantee; No Right of Set-Off; Independent Obligation. 131 Section 1303. Guarantee Absolute 132 Section 1304. Right to Demand Full Performance. 135 Section 1305. Waivers. 135 Section 1306. The Guarantors Remain Obligated in Event the Company Is No Longer Obligated to Discharge Indenture Obligations. 136 Section 1307. Fraudulent Conveyance; Contr...
Page. At any time the Company may apply to any officer of the Investment Company or Fund for instructions, and may consult with legal counsel or the Investment Company's independent accountants with respect to any matter arising in connection with the services to be performed by the Company under this Agreement, and the Company and its agents or subcontractors shall not be liable and shall be indemnified by the Investment Company or the appropriate Fund for any action reasonably taken or omitted by it in reliance upon such instructions or upon the opinion of such counsel or independent accountant provided such action is not in violation of applicable federal or state laws or regulations.