Part 2. To enable the effective use of flexible rostering the parties also agree to the following payment of shift penalties:
Part 2. 15(b) of the Disclosure Schedule contains an accurate and complete list of each Company Employee Plan. Neither the Company nor any ERISA Affiliate contributes to or has any contingent obligations to any Multiemployer Plan. Neither the Company nor any ERISA Affiliate has incurred any liability (including secondary liability) to any Multiemployer Plan as a result of a complete or partial withdrawal from such Multiemployer Plan under Section 4201 of ERISA or as a result of a sale of assets described in Section 4204 of ERISA.
Part 2. The Purposes and Bases of Sharing
Part 2. If the employee believes that the position they occupy is improperly classified, the employee shall complete Part 2 of the Classification Appeal Form and forward it to the Employer and the Union within 30 days of receipt of the written job description or when the response was due at Clause 28.3(a)(1) or the appeal will be deemed to have been abandoned. Differences between the employee and the excluded manager or designate respecting any areas in the job description not being consistent with the assigned duties may be clarified, and where possible, resolved at the "joint on-site" interview or telephone conference. The Union's classification representative will be advised of the date, time and location of on-site interviews in order that they may attend. The Employer shall respond within 60 days of receipt of such a request.
Part 2. If Rosetta decides that it does not need to continue using any of the applications listed on Annex 3.3(a) Part 2, it may terminate the receipt of software maintenance services for that application and reduce the total monthly fee for software maintenance services by the amount set forth on Annex 3.3(a) Part 2 for such application. Such termination shall be effective as of the beginning of a month, provided that (i) written notice of such termination and reduction is given to Sellers at least 20 days prior to the beginning of such month and (ii) Seller will be required to pay the fee with respect to any month and application, only to the extent amounts Sellers have paid as a third party a maintenance fee for that month and application. Sellers shall also use commercially reasonable efforts to assist Rosetta in establishing relationships with third-party service providers to provide each of the services as described in this Section 3.3(a). If Rosetta desires any new hardware or software, Sellers shall install such hardware and software if Rosetta negotiates to acquire and prepays all costs and expenses associated with the acquisition, training and installation of such hardware and software, provided that Seller not be obligated to provide any of the services described in this Section 3.3(a) and Annex 3.3(a) Part 1 with respect to any such hardware or software requested by Rosetta unless Sellers determine, in their reasonable judgment, that such hardware and software comply with Sellers’ standards and can be legally used by Sellers and does not materially conflict with or limit the use of Sellers’ systems.
Part 2. 8(a)(i) of the Company Schedules lists the real property interests owned by the Company as of the date of this Agreement. Part 2.8(a)(ii) of the Company Schedules lists all real property leases to which the Company is a party as of the date of this Agreement and each amendment thereto that is in effect as of the date of this Agreement. All such current leases are in full force and effect and are valid and effective in accordance with their respective terms, and there is not, under any of such leases, any existing default or event of default (or event which with notice or lapse of time, or both, would constitute a default) that would give rise to a material claim. Other than the leaseholds created under the real property leases identified in Part 2.8(a)(ii) of the Company Schedules, the Company owns no interest in real property.
Part 2. 7(a) of the Disclosure Schedule identifies (by institution, account number and account name) each account maintained by or for the benefit of the Company at any bank or other financial institution (each, a “Bank Account”), and sets forth the respective balance of each such Bank Account as of the date hereof.
Part 2. 9(b) of the Company Schedules is a complete and accurate list of all Company Registered Intellectual Property and specifies, where applicable, the jurisdictions in which each such item of Company Registered Intellectual Property has been issued or registered or in which an application for such issuance and registration has been filed, including the respective registration or application numbers. Each material item of Company Registered Intellectual Property is valid and subsisting, all necessary registration, maintenance and renewal fees currently due in connection with such Registered Intellectual Property have been made and all necessary documents, recordations and certificates in connection with such Registered Intellectual Property have been filed with the relevant patent, copyright, trademark or other authorities in the United States or foreign jurisdictions, as the case may be, for the purposes of maintaining such Registered Intellectual Property.