Section X Clause Samples

Section X. Pulp of wood or of other fibrous cellulosic material recovered; paper and paperboard or waste (scrap paper and paperboard) or applications.
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Section X. C.1.c. of the Agreement is deleted in its entirety and replaced with the following: "c. * * *
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Section X. 1. For ease of reference, the following provisions, which were previously listed in Bulletin boards 23 Union notification 20 Discipline 27 Position vacancies 18 Working out of class 33 Call-in pay 43 Bereavement leave 8 Jury duty 5 Military leave 2 Unpaid leaves of absence 3 Family and medical leave 7 Military duty 2 Leave without pay 3 Grievance procedure 26, 27 Automobile usage 24, 34 Bus passes 34 Separability 30 Duration 41
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Section X. C.1.(b) of the Agreement is amended to read in its entirety as follows: "Either TS or AOL may terminate this Agreement at any time upon written notice to the other upon a material breach by the other in the performance of its agreements and obligations hereunder and such other party's failure to cure such breach within 30 days after written notice thereof (the "Cure Period"); provided, however, that in the case of a scheduled payment hereunder, the Cure Period shall be five (5) business days after written notice thereof. Notwithstanding the foregoing, no party shall have the right to terminate this Agreement for a material breach of this Agreement pursuant to this Section X.C.1.b based on any asserted breach unless such breach shall not have been cured during the applicable Cure Period and it is determined by an arbitration proceeding convened under Section XI.D that the breach was a material breach as referenced in the preceding sentence and the breaching party fails to comply with the arbitrators' order, or any portion thereof, in which event the non-breaching party may terminate this Agreement immediately upon written notice to the other party; provided, however, that this sentence shall not apply in the event of any recurrence of the same breach or the occurrence of any substantially similar breach by the previously breaching party if such further asserted breach shall be material and the foregoing notice and opportunity to cure shall have been given and such breach shall continue uncured. Nothing in this provision is intended to impair the right of any party to contest a termination by invoking the dispute resolution procedures of this Agreement, provided that in the event that the breaching party fails to comply with an order issued by an arbitration panel or in the event of a recurrence of a breach or occurrence of any substantially similar breach, a notice of termination from the non-breaching party shall take effect immediately and all performance obligations of the non-breaching party shall be immediately suspended (provided that, if such terminating party shall be determined not to have been entitled so to terminate, the other party shall be entitled to damages for wrongful termination and suspension of such performance obligations)."
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Section X. A shall not apply where the State of Rhode Island meets the eligibility criteria for and is entitled to Incentive Payment A for the Payment Year at issue, except as expressly provided therein. For the avoidance of doubt, because the State of Rhode Island is deemed eligible for Incentive Payment A for Payment Years 1 and 2 under Section V.F.1.a, a suspension of Payments under Section X.A.2 shall not apply to the State of Rhode Island for those Payment Years.
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Related to Section X

  • Plenary authority of the Board of Trustees The Sub-Adviser and Adviser both acknowledge that the Fund is a mutual fund that operates as a series of the Trust under the authority of the Board of Trustees.

  • The Board of Trustees Section 1. NUMBER, ELECTION, TERM, REMOVAL AND RESIGNATION. (a) The initial Board of Trustees shall be comprised of the Trustees entering into this Declaration of Trust on the date first written above, who shall hold office until the initial holder of a Share executes a consent in writing to elect a Board of Trustees that holds office in accordance with paragraph (c) of this Section 1. The initial Trustees shall (i) execute and file or cause to be filed the Certificate of Trust with the office of the Secretary of State of the State of Delaware and (ii) adopt the By-Laws. In accordance with Section 3801 of the DSTA, each Trustee shall become a Trustee and be bound by this Declaration of Trust and the By-Laws when such Person signs this Declaration of Trust as a trustee and/or is duly elected or appointed, qualified and serving on the Board of Trustees in accordance with the provisions hereof and the By-Laws, so long as such signatory or other Person continues in office in accordance with the terms hereof. (b) The number of Trustees constituting the entire Board of Trustees may be fixed from time to time by the vote of a majority of the then Board of Trustees; PROVIDED, HOWEVER, that the number of Trustees shall in no event be less than one (1) nor more than fifteen (15). The number of Trustees shall not be reduced so as to shorten the term of any Trustee then in office. (c) Each Trustee shall hold office for the lifetime of the Trust or until such Trustee's earlier death, resignation, removal, retirement or inability otherwise to serve, or, if sooner than any of such events, until the next meeting of Shareholders called for the purpose of electing Trustees or consent of Shareholders in lieu thereof for the election of Trustees, and until the election and qualification of his or her successor. (d) Any Trustee may be removed, with or without cause, by the Board of Trustees, by action of a majority of the Trustees then in office, or by vote of the Shareholders at any meeting called for that purpose. (e) Any Trustee may resign at any time by giving written notice to the secretary of the Trust or to a meeting of the Board of Trustees. Such resignation shall be effective upon receipt, unless specified to be effective at some later time.

  • Board of Trustees The Board of Trustees will be comprised of 9 voting members that include 5 CUPE employee representatives and 4 employer representatives, including the Crown. The Board of Trustees will include among its members 2 independent experts, 1 appointed by the employer representatives and 1 appointed by the employee representatives. CUPE will be responsible for the appointment and termination of the employee Trustees, and the employer representatives will be responsible for the appointment and termination of the employer Trustees.

  • Determinations and Actions by the Board of Directors, etc For all purposes of this Agreement, any calculation of the number of Common Shares outstanding at any particular time, including for purposes of determining the particular percentage of such outstanding Common Shares of which any Person is the Beneficial Owner, shall be made in accordance with the last sentence of Rule 13d-3(d)(1)(i) of the General Rules and Regulations under the Exchange Act. The Board of Directors of the Company shall have the exclusive power and authority to administer this Agreement and to exercise all rights and powers specifically granted to the Board, or the Company, or as may be necessary or advisable in the administration of this Agreement, including, without limitation, the right and power to (i) interpret the provisions of this Agreement and (ii) make all determinations deemed necessary or advisable for the administration of this Agreement (including a determination to redeem or not redeem the Rights or to amend the Agreement). All such actions, calculations, interpretations and determinations (including, for purposes of clause (y) below, all omissions with respect to the foregoing) which are done or made by the Board in good faith, shall (x) be final, conclusive and binding on the Company, the Rights Agent, the holders of the Rights Certificates and all other parties and (y) not subject the Board to any liability to the holders of the Rights.

  • Determination and Actions by the Board of Directors, etc For all purposes of this Agreement, any calculation of the number of Common Shares outstanding at any particular time, including for purposes of determining the particular percentage of such outstanding Common Shares or any other securities of which any Person is the Beneficial Owner, shall be made in accordance with the last sentence of Rule 13d-3(d)(1)(i) of the General Rules and Regulations under the Exchange Act as in effect on the date of this Agreement. The Board of Directors of the Company shall have the exclusive power and authority to administer this Agreement and to exercise all rights and powers specifically granted to the Board, or the Company, or as may be necessary or advisable in the administration of this Agreement, including without limitation, the right and power to (i) interpret the provisions of this Agreement, and (ii) make all determinations deemed necessary or advisable for the administration of this Agreement (including a determination to redeem or not redeem the Rights or to amend the Agreement). All such actions, calculations, interpretations and determinations (including, for purposes of clause (y) below, all omissions with respect to the foregoing) which are done or made by the Board in good faith, shall (x) be final, conclusive and binding on the Rights Agent and the holders of the Rights, and (y) not subject the Board to any liability to the holders of the Rights.