Amendment and Termination of the Plan The Board may, by resolution, at any time, amend or terminate the Plan. The power to amend or terminate the Plan shall include the power to direct the Trustee to return to the Parent all or any part of the assets of the Trust, including shares of Common Stock held in the Plan Share Reserve, as well as shares of Common Stock and other assets subject to Plan Share Awards which have not yet been earned by the Participants to whom they have been awarded. However, the termination of the Trust shall not affect a Participant's right to earn Plan Share Awards and to the distribution of Common Stock relating thereto, including earnings thereon, in accordance with the terms of this Plan and the grant by the Committee or the Board. Notwithstanding the foregoing, no action of the Board may increase (other than as provided in Section 9.01 hereof) the maximum number of Plan Shares permitted to be awarded under the Plan as specified at Section 5.03, materially increase the benefits accruing to Participants under the Plan or materially modify the requirements for eligibility for participation in the Plan unless such action of the Board shall be subject to ratification by the stockholders of the Parent.
Amendment of the Agreement The Agreement is hereby amended as follows:
Administration of the Agreement The Agreement shall be administered by the Board of Directors of the Company or its delegate (the “Administrator”). Subject to the provisions of the Agreement, the Administrator shall have full and final authority in its discretion to take any action with respect to the Agreement including, without limitation, the authority to (i) determine all matters relating to the payments; (ii) establish, amend and rescind rules and regulations for the administration of the Agreement; and (iii) construe and interpret the Agreement, to interpret rules and regulations for administering the Agreement and to make all other determinations deemed necessary or advisable for administering the Agreement. Except to the extent otherwise required under Section 409A of the Internal Revenue Code of 1986, as amended (“Code”), the Administrator shall have the authority, in its sole discretion, to accelerate the date that any Consultation Payments or Separation Payments which were not otherwise vested or earned shall become vested or earned in whole or in part without any obligation to accelerate such date with respect to any other employee. The Administrator also may in its sole discretion determine that Executive’s rights or payments under the Agreement shall be subject to reduction, cancellation, forfeiture or recoupment due to conduct by Executive that is determined by the Administrator to be detrimental to the business or reputation of the Company, including, without limitation, upon termination of employment for cause; violation of policies of the Company; or breach of non-solicitation, noncompetition, confidentiality or other restrictive covenants that apply to the Executive. In addition to action by meeting in accordance with applicable laws, any action of the Administrator with respect to the Agreement may be taken by a written instrument signed by the Administrator (including, where the Board or a committee serves as the Administrator, by written consent signed by all of the members of the Board, or all of the members of a committee, and any such action so taken by written consent shall be as fully effective as if it had been taken by a majority of the members at a meeting duly held and called). No individual shall be liable while acting as Administrator for any action or determination made in good faith with respect to the Agreement, and any such individual shall be entitled to indemnification and reimbursement in the manner provided in the Company’s certificate of incorporation and bylaws and/or under applicable law.
Administration of the Plan a. The Plan will be administered by the Company in accordance with its terms and the costs of administration shall be the responsibility of the Company. Upon determination of each Quarterly Profit calculation, such calculation shall be forwarded to the Chair of the Union Negotiating Committee accompanied by a Certificate of Officer signed by the Chief Financial Officer of the Company, providing a detailed description of any adjustments made to Earnings Before Income and Taxes and stating that Profit was determined in accordance with GAAP and that Quarterly Profit was calculated in accordance with this Section.
Termination and Amendment 53 8.1. TERMINATION.............................................................................53 8.2.
Administration of Agreement All approvals referenced in this Agreement must be obtained from the parties' contract administrators or their designees. All notices must be given to the parties' contract administrators respectively. The OAG's contract administrator is Xxxxxxxxx X. Xxxxxx, Chief, Bureau of Advocacy and Grants Management. The Provider’s contract administrator will be provided at the time of execution. The parties will provide each other with written notification of any change in its designated representative for this Agreement. Such changes do not require a formal written amendment to this Agreement.
Integration and Amendment This Agreement represents the entire Agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties.
Modification and Amendment This Agreement may not be changed, modified, discharged or amended, except by an instrument signed by all of the parties hereto.
Modification and Amendments If a Fund shall determine that the coverage required by Rule 17g-1 for the Fund has changed, or that the amount of the total coverage allocated to the Fund should otherwise by modified, it shall so notify the other Funds and shall set forth the modification which it believes to be appropriate, and the proposed treatment of any increase in or return of premium paid to the insurance company. Within 60 days after such notice, the Funds shall seek the approvals required by Rule 17g-1, and if the approvals are obtained, shall effect an amendment to this Agreement and the bond. Any Fund may terminate this Agreement (except with respect to losses occurring prior to such withdrawal) by giving at least 60 days’ written notice to the other Funds and to the Commission before the effective date of such termination. The Fund terminating the Agreement shall thereafter be removed as a named insured under the bond in accordance with Rule 17g-1 and the Fund shall be entitled to receive a pro rata portion of any return of premium paid to the insurance company.
Duration and Amendment 1114 Agreement shall continue in full force and effect from September 1, 2015 to and including August 31, 2019. The Agreement shall continue in effect from year-to-year thereafter unless either party notifies the other in writing not less than ninety (90) calendar days prior to the expiration date that a modification or termination of the Agreement is desired. Should either party to this Agreement serve such notice upon the other party, EMU and the Association shall meet for the purpose of negotiation and shall commence consideration of proposed changes or modifications in the Agreement not less than sixty (60) calendar days prior to the expiration of the Agreement. 1115 If, pursuant to such negotiation, an Agreement on the renewal or modification of this Agreement is not reached prior to the expiration date, this Agreement shall expire at the expiration date unless it is extended for a specified period by mutual agreement of the parties. 1116 In witness whereof, this Agreement has been executed by the parties by their duly authorized representatives this 7th day of August, 2015. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx, Chief Negotiator Xxxxxx Xxxxx, Associate Professor Chief Negotiator Accounting and Finance Geography and Geology Xxxxxxxxx Xxxxxxx, Associate Xxxx Xxxxx Xxxxxx, Contract Administrator Xxxxxxxxx Xxxxxxx, Professor Health and Human Services EMU-AAUP CMTA Xxxxxx Xxxxxxxxx, Assoc. Vice President Xxxxxx Xxxxxx, Xxxxxxxxx Xxxx Xxxxxxxxx, Professor Academic Programming Accounting and Finance Special Education Xxxx Xxxxx, Executive Director Finance Xxxxxxx Xxxxx, Associate Professor CMTA Xxxxxx Xxxx, Associate Professor Economics Xxxxx Xxxxx, Asst. Vice President Academic Affairs Xxxxxx Xxxxxx, Associate Professor Library Appendix A MFA Equivalency MEMORANDUM OF UNDERSTANDING BY AND BETWEEN EASTERN MICHIGAN UNIVERSITY AND THE EASTERN MICHIGAN UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS It is agreed and understood that the MFA designated as equivalent to the Ph.D. is intended to reflect the decision of Arbitrator Xxxxxxx Xxxxx of June 29, 1977. Accordingly, only Faculty Members covered by that decision shall be considered to be automatically entitled to such equivalencies. However, in those cases in other disciplines where the MFA is determined by EMU and AAUP to be the terminal degree and considered equivalent to a Ph.D., Faculty Members with the MFA in such a discipline shall, upon approval of the parties, have such degree equivalency recognized. A request for such a determination may be initiated by a Department to either EMU or the AAUP. It is further understood that educational equivalencies which have been or may be included in the Departmental Evaluation Documents developed in accordance with the provisions of Article XIII of the Collective Bargaining Agreement, shall not be construed to imply equivalency for the Ph.D. except in those limited instances where the X.X. degree has been determined in the Department Evaluation Documents to be the appropriate terminal degree for Faculty Members specifically assigned specialized courses related to law and/or the legal system. Faculty Members who attain degrees equivalent to the Ph.D. as provided herein, shall not be eligible for compensation for the attainment of the doctorate as provided in Article XVIII.K. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx Chief Negotiator Chief Negotiator Appendix B MEMORANDUM OF UNDERSTANDING BY AND BETWEEN EASTERN MICHIGAN UNIVERSITY AND THE EASTERN MICHIGAN UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS It is hereby understood and agreed between Eastern Michigan University and Eastern Michigan University Chapter of the American Association of University Professors that one Faculty Short-term Service Parking space will be available for Faculty Members to load and unload instructional materials used in their teaching assignments off campus, in each of the following parking lots, Xxxxx, Sill, Xxxx Xxxxxxxxx, Xxxx- Xxxxxxx, and Xxxxxxxxx. In addition EMU agrees to make available parking permits for faculty members to use the referenced parking spaces. The parking permits shall be available in the Office of the Building Administrator of Sill Hall, Rackham, Roosevelt, Xxxx-Xxxxxxx, and Xxxx Xxxxxxxxx. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx, Chief Negotiator Chief Negotiator Appendix C DID Committee MEMORANDUM OF UNDERSTANDING BY AND BETWEEN EASTERN MICHIGAN UNIVERSITY AND THE EASTERN MICHIGAN UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS It is xxxxxx understood and agreed between Eastern Michigan University and the Eastern Michigan University Chapter of the American Association of University Professors that the Assistant Vice President for Academic Affairs (and their designees) and the President of the EMU- AAUP (and their designees) will form a temporary DID committee to: • Review and approve the Department Input Document changes based on the addition of equivalencies to Department Input Documents. • The term of this committee will be effective September 1, 2015 to August 31, 2016. • This committee will ensure the consistency and fairness of equivalencies across departments and will have final approval. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the AAUP, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx Chief Negotiator Chief Negotiator Appendix D Multi-Year Contract Joint Task Force MEMORANDUM OF UNDERSTANDING BY AND BETWEEN EASTERN MICHIGAN UNIVERSITY AND THE EASTERN MICHIGAN UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS It is hereby understood and agreed between Eastern Michigan University and the Eastern Michigan University Chapter of the American Association of University Professors agree to participate in a joint task force to develop and test an implementation plan to roll out the new multi-year contract evaluation procedure by September 1, 2016. The plan will include the establishment of an electronic evaluation dossier, including all process features and contractual requirements of the faculty evaluation process. The committee will also choose a new student evaluation system. The committee will include up to four (4) members selected by the EMU-AAUP and up to four (4) members selected by the administration. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the AAUP, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. EASTERN EASTERN MICHIGAN UNIVERSITY MICHIGAN CHAPTER OF THE AMERICAN UNIVERSITY ASSOCIATION OF UNIVERSITY PROFESSORS Xxxxx Xxxxxxx, III Xxxxx Xxxxxxx Chief Negotiator Chief Negotiator Appendix E Faculty Hired Prior to September 1, 2015 will use Article XV (below), from the 2012-2015 Collective Bargaining Agreement for evaluative purposes.
