Terminated. 3.02 A part-time employee changing to the status of a full-time employee shall retain his corporate service and seniority. Upon entering into a full-time employee status, he shall suffer no loss of wage rate and will then progress in seniority and wage rate increases in the same manner as other employees covered by this Agreement.
Terminated. Providers designated with the ‘Terminated’ status are prohibited from participation in the Pilot for the remainder of the Participation Agreement term. A Terminated Provider shall be removed from the NYSERDA website and shall not represent themselves as a Provider. A Terminated Provider forfeits its eligibility for Provider incentives and its customers will not have access to Pilot services. All references to NYSERDA must be removed from all marketing materials, vehicles, and advertising including vehicle clings and website as applicable. Customers with incomplete Ratings will be notified of the termination and may be offered such remedies as NYSERDA deems appropriate. If appropriate, NYSERDA may notify the New York State Attorney General, the New York State Department of Labor, the Better Business Bureau, or others of NYSERDA’s findings and decision to terminate the Provider. Further, the officers and owners of the terminated Provider are prohibited from being or becoming officers or owners of any other Provider. In the event a terminated Provider’s company is sold to new owners, it is NYSERDA’s sole discretion whether to allow the terminated Company’s name, or similar derivations, to once again be considered for Pilot Participation. Nothing in this process relieves the Provider of the responsibility to fulfill any remaining obligation to the Pilot, or Pilot customers. NYSERDA has sole discretion in determining whether to terminate a Provider. A Provider may be terminated from participation in the Pilot for any of the following reasons:
Terminated. Auditors designated with the ‘Terminated’ status are prohibited from offering audits to Customers for the remainder of the Participation Agreement term. A Terminated Auditor shall be removed from the NYSERDA website and shall not represent themselves as a Participating Auditor. A Terminated Auditor forfeits its eligibility to provide Residential Energy Audits to its Customers. All references to NYSERDA must be removed from all marketing materials, vehicles, and advertising including vehicle clings and websites, as applicable. If appropriate, NYSERDA may notify the New York State Attorney General, the New York State Department of Labor, the Better Business Bureau, the Building Performance Institute or other certifying bodies, or others of NYSERDA’s findings and decision to terminate the Participating Auditor. In the event a Terminated Auditor’s company is sold to new owners, the company must reapply; the use of the terminated Company’s name, or similar derivations, will be allowed at NYSERDA’s discretion.
Terminated. The status designation of Terminated may be imposed based on the PEC’s failure to adhere to New Construction Initiative policies and procedures as outlined in this Terms and Conditions Agreement or other applicable NYSERDA documents. Additionally, a PEC which voluntarily decides to end participation in NCP will be placed in Terminated status. A PEC may be assigned to the Terminated PEC status for any reason deemed sufficient by NYSERDA, including, but not limited to the following: • PEC repeatedly fails to meet submission or report extension request deadlines and guidelines. • PEC consistently submits inaccurate or deficient work products. • PEC fails to address issues identified during QA/QC review. • Non-Compliance with Initiative Requirements, Policies and Procedures, as outlined in this Agreement, in relevant Program Opportunity Notice(s), and by official Announcements. • PEC repeatedly submits incomplete project Applications, where applicable. • Building Performance Plans, Modeling Reports, Technical Reports, or other submittals are consistently deficient due to: o Failure to adhere to Initiative requirements; or, o Failure to adhere to Simulation Guidelines or generally accepted energy analysis practice; or, o Generally being of such poor quality that technical review is not considered possible. • PEC repeatedly fails to comply with invoicing or inspection documentation requirements, due to misrepresentation of progress, or installations not meeting Initiative prerequisites or other requirements. • The PEC has submitted false or fraudulent documentation at any time, during any phase of participation in the Initiative. • The PEC has misrepresented the Initiative, their relationship to NYSERDA, or information about the Initiative, to potential or existing project owners or other stakeholders. • The PEC misrepresents a project to NYSERDA or its Designee. • NYSERDA receives legitimate and serious complaint(s) about the PEC from current or prospective project owners or stakeholders. If the PEC is assigned the status of ‘Terminated’, the PEC forfeits eligibility to submit applications for, or accept assignments for, new projects. NYSERDA has sole discretion in determining whether to terminate the PEC. Terminated PECs are ineligible for all New Construction Initiative incentives. The Terminated PEC may be prohibited from completing work in progress, as determined by NYSERDA. The Terminated PEC must immediately remove any New Construction Initiative refere...
Terminated. Nothing contained herein shall be construed to waive any claim which the Facility Lessee might have under any of the Operative Documents or otherwise or to limit the right of the Facility Lessee to make any claim it might have against the Owner Lessor or any other Person or to pursue such claim in such manner as the Facility Lessee shall deem appropriate.
Terminated. A part-time employee changing to the status of a full-time employee shall retain her corporate service and seniority. Upon entering into a full-time employee status, she shall no loss of wage rate and will then progress in seniority and wage rate increases in the same manner as other employees covered by this Agreement. A full-time employee changing her status to that of a part-time employee shall retain her corporate service and her seniority. Upon entering into a part-time status, she shall suffer no loss of wage rate and will progress in seniority and wage rate increases in the same as other part-time employees covered by this Agreement. The Corporation recognizes the Union as the exclusive bargaining agent for all Service Worker employees of The Corporation of the City of Thunder Bay in the City of Thunder Bay, employed in the Homes for the Aged Division, save and except and persons above the rank of Supervisor. The Corporation undertakes that it will not enter into any other or contract with the employees described in the above recited bargaining unit represented by the Union either individually or collectively, which will conflict with any of the provisions of this Agreement. V Each of the parties hereto agrees there will be no discrimination, interference, restraint or coercion exercised or practiced upon any employee because of or lack of membership in the Union. It will be a condition of employment for present and new employees completing the period that amounts equivalent to regular monthly dues will be deducted from their wages and remitted to the Union whether or not they sign applications for membership in the month following the month in which the employee was hired. On or before the of his or her employment, the Corporation will give to each new employee, a copy of the Union agreement. or The Union agrees that there will be no unlawful strike or collective VI No or action designed to restrict or limit output by the employees represented by the Union and if such action should be taken by the employees, the Union will instruct the said employees to return to work and their usual duties forthwith and resort to the grievance procedure established herein for the settlement of any complaint or grievance. Should there be a violation of this section, there shall be discussion or negotiation of the matter in dispute between the said Corporation and the Union until normal work has been resumed. The Corporation agrees there will be no of employees. of ...
Terminated. (4) The Rental and Maintenance Payments will be linked to the Index as detailed below, and shall be referred to as "the Rental Payments". In this Contract the following terms shall have the following meaning: The "Index" – the consumer price index including the index of fruits and vegetables, as shall be published by the Central Bureau of Statistics or any other substitute official institute. The "Basic Index" – the Index of November 2012 as published on 15/12/2012. The "New Index" – the Index known on the day of payment. Calculation of the Rental and Maintenance Payments as linked to the Index shall be made as follows: To the Rental and Maintenance Payments will be added linkage differentials at the rate of the Index changes (increase or decrease) on the actual payment date, as compared to the Basic Index, but in any event not less than the Basic Index. The linkage differentials shall be paid along with the Rental and Maintenance Payments and shall be an integral part thereof. It is agreed that in case the New Index shall decrease below the Basic Index, the Landlord shall be paid Rental and Maintenance Payments in the amount that was paid for the last month (including the linkage differentials) before the day on which each of the payments of the Rental and Maintenance payments shall be made. Nonpayment of the linkage differentials on their due date shall be deemed as nonpayment of the Rental and Maintenance Payments on their due date. The settlement between the parties in respect of the linkage differentials shall be made on the actual payment date of the Rental and Maintenance Payments. This document constitutes a translation from Hebrew for convenience purpose only.
Terminated. The termination of this Agreement will in no way limit any obligation or liability of any party based on or arising from a breach or default by such party with respect to any of its representations, warranties, covenants or agreements contained in this Agreement at or before the date of termination.
Terminated. If the Partner is assigned the status of ‘Terminated’, the Partner forfeits eligibility to submit applications for new projects. NYSERDA has sole discretion in determining whether to terminate the Partner. Grounds for Partner Termination shall include, but are not limited to: • The Partner is on Probation status and has been either unresponsive to, or failed to adequately fulfill, the terms of its Probation. • The Partner has failed to adhere to Program requirements, policies and procedures as outlined in this Agreement, PON 2309, PON 3319, or Program announcements. • The Partner has submitted false or fraudulent documentation at any time, during any phase of participation in the Program. • The Partner has misrepresented the Programs, their relationship to the Programs, or information about the Programs, to potential or existing project Applicants or other stakeholders. • The Partner misrepresents a project to NYSERDA or Implementation Contractor staff. • NYSERDA receives legitimate and serious complaint(s) about the Partner from current or prospective Program Applicants or stakeholders. Terminated Partners are ineligible for all Residential and Multifamily New Construction Programs incentives. The Terminated Partner may be prohibited from completing program-work in progress, as determined by NYSERDA. The Terminated Partner must immediately remove any Program references from any of their company’s materials, inclusive of all marketing or advertising. The names of Terminated Partners will not be displayed on the NYSERDA website’s Resource Locator Map.