Compensatory Clause Examples
A compensatory clause establishes the obligation for one party to provide payment or other forms of compensation to another party in the event of a loss, damage, or breach of contract. Typically, this clause outlines the circumstances under which compensation is due, such as failure to deliver goods or services as agreed, and may specify the method and timing of payment. Its core practical function is to ensure that parties are made whole after suffering a loss, thereby allocating risk and providing a clear mechanism for financial redress.
Compensatory. Discretionary Leave Days shall be tracked separately from regular discretionary leave days. They may be banked and used in addition to the Employee's regular Discretionary and Sick Leave.
Compensatory. Such activities shall be positions where an extra payment is made by the Board for the performance of such duty or where compensatory time off is given for the performance of such duties.
Compensatory. COUNTY may seek compensatory damages, including:
(1) amounts equal to any franchise fees, liquidated damages or other amounts that FRANCHISEE has paid to COUNTY but that are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise; and
(2) the full amount of any commission, percentage, brokerage or contingent fee proscribed under the County Code.
Compensatory. Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.
Compensatory. An employee who is unable to work and who furnishes satisfactory evidence thereof may be granted a medical leave of absence without pay covering the period of such illness. During said leave, the employee shall accrue his/her seniority. Hospital and group life insurance premiums shall continue to be paid by the Board of Education to cover the extended illness of an employee for a period not to exceed one (1) year, but the employee will not accrue sick leave days or holiday benefits. Return from the stated leave shall be conditioned upon medical proof of fitness and ability to perform all necessary duties and functions of the job assignment. Before returning to work after an operation, injury, or serious illness, an employee shall present to the central office a statement from the doctor indicating that the employee has satisfactorily recovered and is able to return to work with or without restrictions. An employee unable to return to their assigned position at the conclusion of 365 calendar days shall be terminated from employment, without cause.
Compensatory damages because of bodily injury include compensatory damages claimed by any person or organization for care, loss of services or death resulting at any time from the bodily injury.
Compensatory. Base salary is $42,300 for the 2019-20 school year. Base salary is pursuant to chapter 15.1-05 of the North Dakota Century Code, plus one work day. $500 horizontal increments based on semester hours of BS+0, BS+8, BS+16, BS+24, BS+32, BS+40, BS+48, MS, MS+8 and MS+16. $500 vertical increments through year 31. (Addendum #1) Teachers can only move one vertical step each year.
Compensatory and consequential damages against Mohawk in an amount to be proven at the arbitration hearing;
Compensatory. Any overtime hours worked at the regular hourly rate, for the purpose of extending the vacation period, year-end vacation or creating a long weekend, could be scheduled, provided it is approved by the employees of the "Employer", by at least a two-thirds (213)majority of all employees of the Employer. It is mutually agreed that there shall be a vacation period for employees entitled to vacation pay as herein provided during July and August. The "Employer" will post Noticeof Vacation schedules in his Shop no later than the end of February. Shipping staff vacation will be scheduled between the last week of June and the of August or as otherwise agreed between the employees and the "Employer." Seniority and ability to do the job will determine priority. There will be two thirds (213)coverage of Shipping Room staff each week during this period. To accommodate the foregoing, the "Employer" reserves the right to employ temporary help to meet peak shipping requirements during this period. First preferencewill be given to existing employees to work in the Shipping Room during this period. A holiday and work schedule will be mutually agreed between the "Employer" and "Union" by March In the event that a legal holiday falls during the annual vacation period, the "Employer" will also, at the same time, post notice of the day's paid holiday which employees will receive in lieu of that legal holiday. The "Employer" shall grant to each of his employees, subject to Article at the time of the commencement of the annual summer vacation, a vacation period of three (3) weeks. Any extended vacation time, authorized by the "Employer", must be in writing. Extensions to vacation must be applied for, in writing, using the "Leave of Absence" form available from the Personnel Office no sooner than notice of vacation period is posted and no later than March 15th. The "Employer" shall respond to such request no later than March The number of employees and length of unpaid, authorized vacation extension allowed will be at the discretion of the Employer. However, should extended vacation or leave on compassionate grounds be required, permission will not be unreasonably withheld. The burden of proof will be the responsibility of the employee.
Compensatory. COUNTY may seek compensatory damages, including the following:
a. Amounts equal to any Franchise Fees, liquidated damages, or other amounts that FRANCHISEE has previously paid to COUNTY but are subsequently recovered from COUNTY by a trustee in bankruptcy as preferential payments or otherwise;
b. If COUNTY terminates this AGREEMENT for a Franchisee Default or in the event of Criminal Activity in accordance with Section 17D2a or c, respectively, costs incurred by COUNTY to provide or reprocure MSW Management Services in lieu of Franchise Services; and
c. If COUNTY terminates this AGREEMENT before expiration for a Franchisee Default or in the event of Criminal Activity in accordance with Section 17D2a or c, respectively, costs of MSW Management Services provided or reprocured in lieu of Franchise Services in excess of Customer Service Charges for the balance of the Term remaining if this AGREEMENT had not been terminated. COUNTY may draw upon the performance bond, letter of credit, certificate of deposit, or other form of performance assurance provided by FRANCHISEE in accordance with Section 15 to pay compensatory damages. For FRANCHISEE'S misrepresentation regarding contingent fees in Exhibit 20H, in addition to terminating this AGREEMENT, COUNTY may recover from FRANCHISEE the full amount of the proscribed commission, percentage, brokerage, or contingent fee.