prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control.
prevailing. Eastern Time on a Business Day, the Excess Collateral will be returned by the second Business Day following the date of notice. If the XXXX Supplier posted a Letter of Credit, the Excess Collateral shall be returned on the next Business Day following the Business Day on which the amendment to the Letter of Credit is received from the issuing bank, unless in each case the XXXX Supplier agrees in writing to extend such period for returning the Excess Collateral. The XXXX Supplier will not unreasonably deny a request for a one-day extension of the period for returning the Excess Collateral. If the XXXX Supplier is otherwise entitled to deliver or pledge its or its Guarantor’s First Mortgage Bonds to cover Surplus Margin, but cannot do so within the second Business Day time period or any extension thereof, the XXXX Supplier may initially post cash or a letter of credit to satisfy such obligation, which cash or letter of credit shall be returned by the Companies upon the subsequent delivery or pledge of its or its Guarantor’s First Mortgage Bonds in accordance with the provisions of Section 6.9(c) hereof.
prevailing. Central 70 Project: Project Agreement Execution Version Schedule 15 (Federal and State Requirements) Schedule 15-50 WAGE DETERMINATION APPEALS PROCESS
prevailing claus es The present agreement shall not affect any multilateral agreement concerning disaster relief and applicable to the Contracting parties which entered into force before or after the present agreement.
prevailing. In the event this Agreement conflicts with the Memorandum and Articles, this Agreement shall prevail and the Parties agree to amend the Memorandum and Articles accordingly to rectify any such conflicts as soon as practicable to the extent permitted by Law.
prevailing would have a conflict of interest in representing either the Corporation or Director in an action to determine Director’s rights under this Agreement. Such counsel, among other things, shall render its written opinion to the Corporation and Director as to whether and to what extent the Director should be permitted to be indemnified under applicable law. The Corporation agrees to pay the reasonable fees of any independent counsel engaged hereunder and to advance expenses for and indemnify fully such counsel against any and all expenses (including attorneys’ fees), claims, liabilities, loss and damages arising out of or relating to this Agreement or the engagement of independent counsel pursuant hereto. If the person or persons so empowered to make a determination pursuant to this Section 11 shall have failed to make the requested determination within ninety (90) days after any judgment, order, settlement, dismissal, arbitration award, conviction, acceptance of a plea of nolo contendre or its equivalent, or other disposition or partial disposition of any Proceeding or any other event that could enable the Corporation to determine the Director’s entitlement to indemnification, the requisite determination that the Director is entitled to indemnification shall be deemed to have been made.
prevailing. Wages This is a public works contract within the meaning of Part 7 of Division 2 of the California Labor Code (Sections 1720 et seq.). In accordance with California Labor Code Section 1771, all contractors and subcontractors on this public work project shall pay not less than current prevailing wage rates as determined by the California Department of Industrial Relations (“DIR”). Pursuant to Section 1773 of the California Labor Code, the City has obtained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is on file at 00000 Xxxxxxxxx Xxxxxx, Xxxxxxxx, Xxxxxxxxxx at the office of the Public Works Director, and shall be made available for viewing to any interested party upon request.
prevailing. 3 7. Part-time employees are eligible to bid on full-time positions after successful 4 completion of their probationary period. The Employer shall give first 5 consideration to part-time employees before hiring from the street.
prevailing. If no eligible bids are received from Trainee A, then placement of a Trainee A will be done at the discretion of the company. Plantwide seniority rules will apply to layoff within this training classification (e.g. a senior Trainee A will remain over a xxxxxx xxxx slide assembler, or a junior Trainee A can be bumped by a senior rough assembler).
prevailing. The heating and air conditioning systems shall be thermostatically controlled and zoned so as to automatically maintain preset temperature. Temperatures within a zone shall not vary more than 4 degrees Fahrenheit from the thermostatic setting. If Tenant intends to use the Demised Premises during nights and/or weekends and desires additional HVAC service for said non-ordinary business hours, Tenant must make special arrangements for such additional HVAC service with the Landlord during ordinary business hours at least twenty four (24) hours in advance and Tenant agrees to pay a fee which reflects a reasonable estimate of the extraordinary consumption of utilities which may be occasioned thereby. As of the commencement date of this Lease, Landlord and Tenant agree that the current reasonable estimate for the extra HVAC service is thirty dollars ($30.00) per hour for a minimum period of six (6) hours. This estimated cost is subject to increases over the term of the Lease based upon increased cost for utilities.
