Rule No. 1: Agway shall determine whether Agway's CPG Nutrients business selling Products ("CPG Nutrients") has positive quarterly Pre-Tax Earnings Before Sales Royalty on Products for the fiscal quarter being measured; if CPG Nutrients has positive quarterly Pre-Tax Earnings Before Sales Royalty on Products for said quarter, the Sales Royalty payment due Planet shall be calculated as set forth above; however, if CPG Nutrients did not have positive quarterly Pre-Tax Earnings Before Sales Royalty on Products for said quarter, no Sales Royalty shall be due Planet for said quarter. This Rule No. 1 is personal to Agway and shall not apply to any assignee or successor of Agway except for purposes of calculating the cumulative Pre-Tax Loss Before Sales Royalty carry forward for the benefit of the assignee at the time of assignment of this Agreement.
Rule No. 2: The quarterly Sales Royalty payment to Planet shall not exceed 50% of CPG Nutrients' positive quarterly Pre-Tax Earnings Before Sales Royalty on Products; if the quarterly Sales Royalty payment otherwise due Planet exceeds 50% of CPG Nutrients' positive quarterly Pre-Tax Earnings/(Loss) Before Sales Royalty on Products for that quarter, then, the quarterly Sales Royalty payment due Planet shall be reduced to an amount equal to 50% of CPG Nutrients' positive quarterly Pre-Tax Earnings/(Loss) Before Sales Royalty on Products for that quarter. This Rule No. 2 is personal to Agway and shall not apply to any assignee or successor of Agway except for purposes of calculating the cumulative Pre-Tax Loss Before Sales Royalty carry forward for the benefit of the assignee at the time of assignment of this Agreement.
Rule No. 3: Until and unless CPG Nutrients or any of its successors has recouped CPG Nutrients' cumulative Pre-Tax Loss Before Sales Royalty (as determined below), the quarterly Sales Royalty payable to Planet, as calculated under Section 6a (ii) (2) and modified as specified under Rule No. 1 and Rule No. 2 above in this Section 6a(ii) (3), will be reduced by one-half. The cumulative Pre-Tax Loss Before Sales Royalty from January 1, 1999, through December 31, 2002, was $6,430,537.00 calculated as set forth on Exhibit E attached to this Agreement. Additional Pre-Tax Losses Before Sales Royalty incurred by Agway (but not any assignee or successor to Agway) after December 31, 2002, determined utilizing the same methodology and basis as set forth on Exhibit "E," shall increase the cumulative Pre-Tax Loss Before Sales Royalty. Pre-
Rule No. 4: Any quarterly Sales Royalty payment to Planet, as calculated under Section 6a(ii)(2) and modified as specified under Rule Xx. 0, Xxxx Xx. 0 and Rule No. 3 above in this Section 6a(ii)(3), shall be further reduced by any amount or amounts required to be paid to third parties by Agway for that quarter for any licenses of additional technology incorporated in the Products pursuant to a settlement as provided in Section 10e of this Agreement.
Rule No. 0520-1-3-07.
Rule No. 2 - Regulation & Elimination of Paint Materials Injurious to Health. It shall be unfair and discriminatory to discharge a JOURNEYPERSON or apprentice for refusing to handle materials which are determined by competent authority to be injurious to health. If the Joint Trade Committee shall, after hearing, determine that such a violation has occurred, reinstatement shall be ordered where possible, with a view towards adequately compensating the JOURNEYPERSON or apprentice for any damages sustained, and ensuring that the problem will not reoccur. Rule No. 3 - Adequate Washing Facilities. Where running hot or cold water is not available in or about the clothes locker, a sufficient supply of hand cleaner shall be furnished to the JOURNEYPERSONS and apprentices twice a day to provide adequate facilities for clean washing. Five (5) minutes shall be allowed for washing up at noon, and at quitting time. Rule No. 4 - Drinking Water. Fresh drinking water and sanitary cups shall be provided to all JOURNEYPERSONS twice a day during working hours. Rule No. 5 - Drop Cloths. Drop cloths shall be maintained in a sanitary condition by the Employer.
Rule No. 9 - Scaffolds. The scaffold work rate shall be paid for (i) interior and exterior swing scaffold work, which shall include any work on an exterior job where a swing scaffold is used during the performance of the job (whether or not the particular work is done from the scaffold, on a fire escape, or otherwise); (ii) any interior portion of the work on a job where a swing scaffold is required in the performance of that interior work; (iii) work done with window belts or from boatswain chairs; and (iv) work performed twenty (20) feet or more from the floor or ground, including such work when done from extension ladders, or from stationary or rolling platforms, but not including such work when done from completely decked-over platforms. In determining the height of the work, the highest point of work on the surface shall govern, and all work on that surface shall be compensated at the rate so determined. Rule No. 10 - Blood Testing. Whenever blood testing, urine analysis or any other form of testing is a condition of employment on a job, all costs related to said testing shall be borne by the Association employer.
Rule No. 31 If it can be shown that according to linguistics, a meaning can be implicitly read into a treaty provision, and that such an implication is necessary to avoid that, by applying the provision, another part of the treaty will in practice be normatively useless, then this meaning shall be adopted.117
