Section 9.5. Judicial Leave Sample Clauses

Section 9.5. Judicial Leave. 20 In the event an employee is summoned to serve as a juror, or appear as a witness in court, or is named 21 as a codefendant with the District, such employee shall receive a normal day’s pay for each day of 22 required presence in court; provided, however, that any compensation received for such service shall 23 be paid to the District. Such repayment shall not exceed the employee's normal daily pay less bona fide
Sample 1Sample 2See All (7)
AutoNDA by SimpleDocs
Section 9.5. Judicial Leave. 12 In the event an employee is summoned to serve as a juror, or appear as a witness in court, or is named 13 as a codefendant with the District, such employee shall receive a normal day’s pay for each day of 14 required presence in court. In the event that an employee is a party in a court action, such employee 15 may request a leave of absence. If granted, such leave of absence will be without pay.
Sample 1See All (4)
Section 9.5. Judicial Leave. 24 Employees shall be allowed time off without loss of pay for serving on jury duty. Compensation 25 received from the court, excluding mileage, shall promptly be refunded to the Employer. All 26 employees are required to seek such compensation from the court.
Sample 1
Section 9.5. Judicial Leave. 27 In the event an employee subject to the Agreement is summoned to serve as a juror, or when required 28 to appear as a witness in court and paid a witness fee, or is named codefendant with the School 29 District, he/she shall receive his/her normal day's pay for each day he/she is required in court; 30 provided, however, that any compensation received for such service shall be paid to the District. Such 31 payment to the District shall not exceed the employee's normal daily pay less bona fide expenses. 33 the District. In the event that the employee is a party (plaintiff or defendant) in court action, he/she 34 may request a leave of absence which may be granted without pay.
Sample 1Sample 2
Section 9.5. Judicial Leave. In the event an employee is selected for duty on a jury or subpoenaed to appear 11 as a witness in a court of law, he or she shall be reimbursed for any loss of salary incurred while performing 12 such service with documentation from the court stating hours and days. The pay reimbursement shall be 13 determined by subtracting that amount received from jury service or witness fees from the employee's 14 straight time rate. This does not include travel allowance. 15
Sample 1
Section 9.5. Judicial Leave. 2 In the event an employee is summoned to serve as a juror, or appear as a witness in court, or is named as a 3 codefendant with the District, such employee shall receive a normal day’s pay for each day of required 4 presence in court; provided, however, that any compensation received for such service shall be paid to the 5 District. Such repayment shall not exceed the employee’s normal daily pay less bona fide expenses. In the 6 event that an employee, or their dependent, is a party in a court action, such employee may request a leave of 7 absence for all court dates associated with the case. The District shall not terminate, discipline, or 8 permanently replace employees for utilizing leave under this section.
Sample 1
Section 9.5. Judicial Leave. 39 In the event an employee is summoned to serve as a juror, or appear as a witness in court, or is named 40 as a codefendant with the District, such employee shall receive a normal day’s pay for each day of 41 required presence in court; provided, however, that any compensation received for such service shall 42 be paid to the District. Such repayment shall not exceed the employee’s normal daily pay less bona 43 fide expenses. In the event that an employee is a party in a court action, such employee may request a 44 leave of absence without pay. A copy of the jury summons or subpoena shall be attached to the 45 employee’s report of absence form. Additional documentation of days served may be required. 48
Sample 1
AutoNDA by SimpleDocs
Section 9.5. Judicial Leave. 23 In the event an employee subject to the Agreement is summoned to serve as a juror, or when required to 24 appear as a witness in court and paid a witness fee, or is named codefendant with the School District, 25 he/she shall receive his/her normal day's pay for each day he/she is required in court; provided, however, 26 that any compensation received for such service shall be paid to the District. Such payment to the 27 District shall not exceed the employee's normal daily pay less bona fide expenses. Such payment shall 28 not apply in any matters brought by or against the District, unless subpoenaed by the District. In the 29 event that the employee is a party (plaintiff or defendant) in court action, he/she may request a leave of 30 absence which may be granted without pay.
Sample 1
Section 9.5. Judicial Leave. 32 In the event an employee is summoned to serve as a juror, subpoenaed or is named as a codefendant 33 with the District, such employee shall receive a normal day's pay for each day of required presence. 34 Any compensation received for such service shall be kept by the employee. In the event that an 35 employee is released from jury duty prior to the conclusion of their shift, the employee will be 36 expected to return to his/her shift. Employees will be expected to work a total of eight (8) hours, or 37 their regular shift, inclusive of all jury duty hours’ served.
Sample 1

Related to Section 9.5. Judicial Leave

  • Judicial Leave 10.8.1 Unit members will be provided leave for regularly called jury duty and to appear as a witness in court, other that as a litigant, for reasons not brought about through the misconduct of the unit member. The unit member shall submit a request for an approved absence no less than twenty-four (24) hours prior to the beginning date of leave.

  • California Judicial Reference If any action or proceeding is filed in a court of the State of California by or against any party hereto in connection with any of the transactions contemplated by this Agreement or any other Loan Document, (a) the court shall, and is hereby directed to, make a general reference pursuant to California Code of Civil Procedure Section 638 to a referee (who shall be a single active or retired judge) to hear and determine all of the issues in such action or proceeding (whether of fact or of law) and to report a statement of decision, provided that at the option of any party to such proceeding, any such issues pertaining to a “provisional remedy” as defined in California Code of Civil Procedure Section 1281.8 shall be heard and determined by the court, and (b) without limiting the generality of Section 10.04, the Borrower shall be solely responsible to pay all fees and expenses of any referee appointed in such action or proceeding.

  • Judicial Actions Issuance of a notice of Lien, levy, assessment, injunction or attachment against any Borrower’s Inventory or Receivables or against a material portion of any Borrower’s other property which is not stayed or lifted within thirty (30) days;

  • Limitation on Judicial Council 's Liability The Judicial Council will not be responsible for loss or damage to any non-Judicial Council equipment or property arising from causes beyond the Judicial Council's control. In any event, the Judicial Council's responsibility for repairs and liability for damages or loss shall be limited to that made necessary by or resulting from the negligent acts or omissions of the Judicial Council or its officers, employees, or agents. The Judicial Council will not be liable for any charges incurred in connection with this Program, or any Judicial Council activities, unless expressly provided for under this Agreement.

  • Waivers and Judicial Proceedings 36 10.1 Waivers............................................................................... 36 10.2 Delay; No Waiver of Defaults.......................................................... 36 10.3

  • CHOICE OF LAW, VENUE, JURY TRIAL WAIVER AND JUDICIAL REFERENCE California law governs the Loan Documents without regard to principles of conflicts of law. Borrower and Bank each submit to the exclusive jurisdiction of the State and Federal courts in Santa Xxxxx County, California; provided, however, that nothing in this Agreement shall be deemed to operate to preclude Bank from bringing suit or taking other legal action in any other jurisdiction to realize on the Collateral or any other security for the Obligations, or to enforce a judgment or other court order in favor of Bank. Borrower expressly submits and consents in advance to such jurisdiction in any action or suit commenced in any such court, and Borrower hereby waives any objection that it may have based upon lack of personal jurisdiction, improper venue, or forum non conveniens and hereby consents to the granting of such legal or equitable relief as is deemed appropriate by such court. Borrower hereby waives personal service of the summons, complaints, and other process issued in such action or suit and agrees that service of such summons, complaints, and other process may be made by registered or certified mail addressed to Borrower at the address set forth in, or subsequently provided by Borrower in accordance with, Section 10 of this Agreement and that service so made shall be deemed completed upon the earlier to occur of Borrower’s actual receipt thereof or three (3) days after deposit in the U.S. mails, proper postage prepaid. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BORROWER AND BANK EACH WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR BASED UPON THIS AGREEMENT, THE LOAN DOCUMENTS OR ANY CONTEMPLATED TRANSACTION, INCLUDING CONTRACT, TORT, BREACH OF DUTY AND ALL OTHER CLAIMS. THIS WAIVER IS A MATERIAL INDUCEMENT FOR BOTH PARTIES TO ENTER INTO THIS AGREEMENT. EACH PARTY HAS REVIEWED THIS WAIVER WITH ITS COUNSEL. WITHOUT INTENDING IN ANY WAY TO LIMIT THE PARTIES’ AGREEMENT TO WAIVE THEIR RESPECTIVE RIGHT TO A TRIAL BY JURY, if the above waiver of the right to a trial by jury is not enforceable, the parties hereto agree that any and all disputes or controversies of any nature between them arising at any time shall be decided by a reference to a private judge, mutually selected by the parties (or, if they cannot agree, by the Presiding Judge of the Santa Xxxxx County, California Superior Court) appointed in accordance with California Code of Civil Procedure Section 638 (or pursuant to comparable provisions of federal law if the dispute falls within the exclusive jurisdiction of the federal courts), sitting without a jury, in Santa Xxxxx County, California; and the parties hereby submit to the jurisdiction of such court. The reference proceedings shall be conducted pursuant to and in accordance with the provisions of California Code of Civil Procedure §§ 638 through 645.1, inclusive. The private judge shall have the power, among others, to grant provisional relief, including without limitation, entering temporary restraining orders, issuing preliminary and permanent injunctions and appointing receivers. All such proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed. If during the course of any dispute, a party desires to seek provisional relief, but a judge has not been appointed at that point pursuant to the judicial reference procedures, then such party may apply to the Santa Xxxxx County, California Superior Court for such relief. The proceeding before the private judge shall be conducted in the same manner as it would be before a court under the rules of evidence applicable to judicial proceedings. The parties shall be entitled to discovery which shall be conducted in the same manner as it would be before a court under the rules of discovery applicable to judicial proceedings. The private judge shall oversee discovery and may enforce all discovery rules and orders applicable to judicial proceedings in the same manner as a trial court judge. The parties agree that the selected or appointed private judge shall have the power to decide all issues in the action or proceeding, whether of fact or of law, and shall report a statement of decision thereon pursuant to California Code of Civil Procedure § 644(a). Nothing in this paragraph shall limit the right of any party at any time to exercise self-help remedies, foreclose against collateral, or obtain provisional remedies. The private judge shall also determine all issues relating to the applicability, interpretation, and enforceability of this paragraph.

  • Compliance with Civil Rights Laws The Contractor hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000 (e) (17), to the end that no person shall, on the grounds of race, creed, color, sex, religion, ancestry, age, condition of physical handicap, marital status, political affiliation, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Contract or under any project, program, or activity supported by this Contract. The Contractor shall comply with Exhibit D - Contractor’s EEO Certification.

  • Judicial Reference (1) Other than (a) nonjudicial foreclosure and all matters in connection therewith regarding security interests in real or personal property; or (b) the appointment of a receiver, or the exercise of other provisional remedies (any and all of which may be initiated pursuant to applicable law), each controversy, dispute or claim between the parties arising out of or relating to this Loan Agreement or the other Loan Documents, which controversy, dispute or claim is not settled in writing within thirty (30) days after the "Claim Date" (defined as the date on which a party subject to this Loan Agreement gives written notice to all other parties that a controversy, dispute or claim exists), will be settled by a reference proceeding in California in accordance with the provisions of Section 638 et seq. of the California Code of Civil Procedure, or their successor section ("CCP"), which shall constitute the exclusive remedy for the settlement of any controversy, dispute or claim concerning this Loan Agreement, including whether such controversy, dispute or claim is subject to the reference proceeding and except as set forth above, the parties waive their rights to initiate any legal proceedings against each other in any court or jurisdiction other than the Superior Court in the County where the real property, if any, is located or Santa Xxxxx County, if none (the "Court"). The referee shall be a retired Judge of the Court selected by mutual agreement of the parties, and if they cannot so agree within forty-five (45) days after the Claim Date, the referee shall be promptly selected by the Presiding Judge of the Court (or his/her representative). The referee shall be appointed to sit as a temporary judge, with all of the powers for a temporary judge, as authorized by law, and upon selection should take and subscribe to the oath of office as provided for in Rule 244 of the California Rules of Court (or any subsequently enacted Rule). Each party shall have one peremptory challenge pursuant to CCP (S) 170.6. The referee shall (x) be requested to set the matter for hearing within sixty (60) days after the date of selection of the referee and (y) try any and all issues of law or fact and report a statement of decision upon them, if possible, within ninety (90) days of the Claim Date. Any decision rendered by the referee will be final, binding and conclusive and judgement shall be entered pursuant to CCP (S) 644 in any court in the State of California having jurisdiction. Any party may apply for a reference proceeding at any time after thirty (30) days following notice to any other party of the nature of the controversy, dispute or claim, by filing a petition for a hearing and/or trial. All discovery permitted by this Loan Agreement shall be completed no later than fifteen (15) days before the first hearing date established by the referee. The referee may extend such period in the event of a party's refusal to provide requested discovery for any reason whatsoever, including, without limitation, legal objections raised to such discovery or unavailability of a witness due to absence or illness. No party shall be entitled to "priority" in conducting discovery. Depositions may be taken by either party upon seven (7) days written notice, and request for production or inspection of documents shall be responded to within ten (10) days after service. All disputes relating to discovery which cannot be resolved by the parties shall be submitted to the referee whose decision shall be final and binding upon the parties. Pending appointment of the referee as provided herein, the Superior Court is empowered to issue temporary and/or provisional remedies, as appropriate.

  • Judicial Modification If any court determines that any of the covenants in Section 6, or any part of any of them, is invalid or unenforceable, the remainder of such covenants and parts thereof shall not thereby be affected and shall be given full effect, without regard to the invalid portion. If any court determines that any of such covenants, or any part thereof, is invalid or unenforceable because of the geographic or temporal scope of such provision, such court shall reduce such scope to the minimum extent necessary to make such covenants valid and enforceable.

  • Waiver of Jury Trial; Judicial Reference (a) LANDLORD AND TENANT EACH ACKNOWLEDGES THAT IT IS AWARE OF AND HAS HAD THE ADVICE OF COUNSEL OF ITS CHOICE WITH RESPECT TO ITS RIGHT TO TRIAL BY JURY, AND EACH PARTY DOES HEREBY EXPRESSLY AND KNOWINGLY WAIVE AND RELEASE ALL SUCH RIGHTS TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY EITHER PARTY HERETO AGAINST THE OTHER (AND/OR AGAINST ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUBSIDIARY OR AFFILIATED ENTITIES) ON ANY MATTERS WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LEASE, TENANT’S USE OR OCCUPANCY OF THE PREMISES, AND/OR ANY CLAIM OF INJURY OR DAMAGE.

Time is Money Join Law Insider Premium to draft better contracts faster.