Examples of NBCWA in a sentence
If PHC provides written notice that any amounts were paid under this agreement in excess of the actual NBCWA Individual Employer Plan Liabilities, Patriot and PCC will use its commercially reasonable efforts to recover such excess amounts for PHC’s benefit.
PHC agrees that it shall indemnify, defend and hold harmless each of Patriot, PCC and their respective affiliates and the successors, assigns, employees, officers, directors and agents of each, from and against any claims, actions or causes of action, damages, penalties, fines, assessments, attorney fees or other costs or expenses principally resulting from the failure of PHC to timely pay and discharge the NBCWA Individual Employer Plan Liabilities.
Patriot shall, at all times during the continuance of this Agreement, maintain full and complete books of account and other records with respect to all activities under this Agreement including, but not limited to, records of all payments made in connection with, or as a result of, such activities and all contracts entered and evaluations performed with respect to payment of NBCWA Individual Employer Plan Liabilities.
Patriot shall immediately notify PHC when Patriot or any of its subsidiaries is sued by the UMWA or a former employee or his or her eligible dependents or when an administrative claim has been filed with the trustees under the NBCWA, in each case regarding the NBCWA Individual Employer Plan Liabilities.
If PHC determines that Patriot and/or PCC is failing to pursue with reasonable diligence a claim or defense related to any NBCWA Individual Employer Plan Liabilities, it shall notify Patriot and/or PCC in writing of such failure.
The term “NBCWA Individual Employer Plan” shall mean a plan for the provision of healthcare benefits to retirees of [Heritage] and their eligible dependents maintained by [Heritage] pursuant to Article XX of the NBCWA.
Pittston Co., 984 F.2d at 472 (footnotes omitted).The trustees’ theory in the Pittston litigation was that the employers were subject to the evergreen clause in the Trust’s governing documents by virtue of having signed one or more NBCWAs (or other agreements incorporating the Trust’s governing documents), and that the evergreen clause imposed a perpetual obligation on those employers to contribute to the Trustat rates set forth in “any successor agreements” to the 1978 NBCWA.
Employers B and C, however, are successors to Employer A, within the meaning of Q&A H-16, for the following reasons: Employers B and C signed the NBCWA of 1978 for Mines H and S respectively, and have continued to operate those mines, with no significant suspension of operations following the transfer of ownership of the Mines.
Contract Defense Argument The coal mining companies devote many pages to the alleged misconduct of BCOA and the Union during and after negotiation of the 2007 NBCWA.
Freeman and Monterey do argue (at length) that BCOA and the Union acted selfishly and perhaps even underhandedly in negotiating the 2007 NBCWA and in “urging” other coal mining companies to adopt its terms.