Staleness Sample Clauses

Staleness. If an employee received a written reprimand about the employee’s conduct, should the employee not receive a similar written statement or greater degree of discipline within one (1) year, said item shall be considered stale. Should employee receive a disciplinary pay reduction or suspension and the employee not engage in similar conduct within two (2) years from the date of receipt of the economic sanction, then the economic sanction shall be deemed to be stale.
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Staleness. The Administrative Agent and the Lenders may not, and each agrees not to, take any of the actions set forth in Sections 9.02(a) or (b) on any date in respect of a Default or Event of Default (or an alleged Default or Event of Default) if such Default or Event of Default (or alleged Default or Event of Default) relates to actions taken, actions that have not been taken, or other circumstances, in each case, that first arose more than two years prior to such date; provided that (A) that any such actions or circumstances have been disclosed to the Administrative Agent and the Lenders in reasonable detail and (B) any such Default or Event of Default (or alleged Default or Event of Default) shall be deemed cured for all purposes under the Loan Documents as of such date.
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Staleness. All letters of warning, reprimand, and other documented disciplinary action shall be considered stale three (3) years from the date of issuance upon written request from the employee or the Association, unless the employee has committed the same or similar infraction during the three (3) year period, in which case the date on which the discipline becomes stale will be three (3) years from the issuance of the subsequent disciplinary action. Stale disciplinary action shall not be used for the purpose of progressive discipline, except for the express purpose of demonstrating that an employee had notice and/or knowledge of expected conduct. Notwithstanding any other provision of this section, documented disciplinary action related to prohibited harassment or discrimination (e.g., sex, race, etc.), bullying, truthfulness, excessive use of force, fraud, workplace violence, or insubordination shall be subject to use for the purposes of future progressive discipline and shall not become stale. The Parties agree to reopen negotiations on the subject of stale disciplinary action and progressive discipline when the Commission on Statewide Law Enforcement Standards of Conduct and Discipline publishes its adopted rules pursuant to ORS 243.808, 809 and 812, regardless of whether there is a PECBA requirement for the Parties to bargain. The Parties will engage in interim bargaining pursuant to ORS 243.698.
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Related to Staleness

  • Reasonableness In the event that the provisions of this Section 10 shall ever be deemed to exceed the time, scope or geographic limitations permitted by applicable laws, then such provisions shall be reformed to the maximum time, scope or geographic limitations, as the case may be, permitted by applicable laws.

  • Intent of the Parties; Reasonableness The Seller, Servicer, Sponsor and Issuer acknowledge and agree that the purpose of Article Three of this Agreement is to facilitate compliance by the Issuer and the Depositor with the provisions of Regulation AB and related rules and regulations of the Commission. None of the Sponsor, the Administrator nor the Issuer shall exercise its right to request delivery of information or other performance under these provisions other than in good faith, or for purposes other than compliance with the Securities Act, the Exchange Act and the rules and regulations of the Commission thereunder (or the provision in a private offering of disclosure comparable to that required under the Securities Act). The Servicer acknowledges that interpretations of the requirements of Regulation AB may change over time, whether due to interpretive guidance provided by the Commission or its staff, consensus among participants in the asset-backed securities markets, advice of counsel, or otherwise, and agrees to comply with requests made by the Issuer or the Administrator in good faith for delivery of information under these provisions on the basis of evolving interpretations of Regulation AB. In connection with this transaction, the Servicer shall cooperate fully with the Administrator and the Issuer to deliver to the Administrator or Issuer, as applicable (including any of its assignees or designees), any and all statements, reports, certifications, records and any other information necessary in the good faith determination of the Issuer or the Administrator to permit the Issuer or Administrator (acting on behalf of the Issuer) to comply with the provisions of Regulation AB, together with such disclosures relating to the Servicer, any Subservicer and the Receivables, or the servicing of the Receivables, reasonably believed by the Issuer or the Administrator to be necessary in order to effect such compliance. The Issuer shall, and shall cause the Administrator (including any of its assignees or designees) to cooperate with the Servicer by providing timely notice of requests for information under these provisions and by reasonably limiting such requests to information required, in the reasonable judgment or the Issuer or the Administrator, as applicable, to comply with Regulation AB.

  • Standards for Determining Commercial Reasonableness Borrower and Silicon agree that a sale or other disposition (collectively, "sale") of any Collateral which complies with the following standards will conclusively be deemed to be commercially reasonable: (i) Notice of the sale is given to Borrower at least seven days prior to the sale, and, in the case of a public sale, notice of the sale is published at least seven days before the sale in a newspaper of general circulation in the county where the sale is to be conducted; (ii) Notice of the sale describes the collateral in general, non-specific terms; (iii) The sale is conducted at a place designated by Silicon, with or without the Collateral being present; (iv) The sale commences at any time between 8:00 a.m. and 6:00 p.m; (v) Payment of the purchase price in cash or by cashier's check or wire transfer is required; (vi) With respect to any sale of any of the Collateral, Silicon may (but is not obligated to) direct any prospective purchaser to ascertain directly from Borrower any and all information concerning the same. Silicon shall be free to employ other methods of noticing and selling the Collateral, in its discretion, if they are commercially reasonable.

  • Timeliness Time is of the essence in this Agreement.

  • Quality All products will be new and unused. All products provided by the Contractor must meet all federal, state, and local standards for quality and safety requirements. Products not meeting the requirements of this section will be deemed unacceptable and returned to the Contractor for credit at no charge to the State.