Common use of Employees and Independent Contractors Clause in Contracts

Employees and Independent Contractors. Schedule 4.14 contains a true and complete list of all of the Business Employees (whether full-time, part-time or otherwise) and all of the Independent Contractors, in each case as of the date hereof, specifying their position, status, annual salary, hourly wages or consulting or other independent contractor fees, as applicable, date of hire (or entry into an independent contractor agreement), work location, length of service, hours of service, respectively, together with a notation next to the name of any employee or independent contractor on such list who is subject to any written Employment Agreement aside from the CBAs. The Sellers have provided to the Purchaser true, correct and complete copies of each such Employment Agreement. To the Sellers’ Knowledge, except as set forth in the Employment Agreements or the CBAs, neither Seller nor any of their respective Affiliates has made a binding commitment (written or otherwise) to any Business Employee or Independent Contractor with respect to compensation, promotion, retention, termination, or severance in connection with the transaction contemplated by this Agreement. Neither Seller has received a pending claim from any Governmental Entity to the effect that such Seller has improperly classified as an independent contractor any Person named as an Independent Contractor on Schedule 4.14. Unless otherwise indicated on Schedule 4.14, and except in connection with the JCO RIF, as of the date hereof, no Business Employee or Independent Contractor has given written notice, or has been given notice by either Seller or any of its respective Affiliates, of an intent to terminate his or her employment or independent contractor relationship with either Seller or any of its respective Affiliates. The records of the Sellers accurately reflect employment histories of all Business Employees, including their hours of service, and all such data is maintained in a usable form.

Employees and Independent Contractors. Schedule 4.14 4.13 contains a true and complete list of all of the Business Employees employees (whether full-time, part-time or otherwise) and all of the Independent ContractorsContractors employed or contracted by the Sellers or their Affiliates primarily in connection with the Business, in each case as of the date hereof, specifying their position, status, annual annualized salary, hourly wages or consulting or other independent contractor fees, as applicable, date of hire (or entry into an independent contractor agreement), work location, length of service, or hours of service, respectively, together with a notation next to the name of any employee or independent contractor Independent Contractor on such list who is subject to any written Employment Agreement aside from the CBAsLabor Agreements. The Schedule 4.13 sets forth a list of all such Employment Agreements, and the Sellers have provided to the Purchaser true, true and correct and complete copies of each such Employment Agreement. To the Sellers’ Knowledge, except as set forth in Schedule 4.13, the Employment Agreements or the CBAsLabor Agreements, neither Seller none of the Sellers nor any of their respective Affiliates has made a binding commitment (written or otherwise) to any Business Employee or Independent Contractor with respect to compensation, promotion, retention, termination, or severance in connection with the transaction contemplated by this Agreement. Neither Seller None of the Sellers nor their Affiliates has received a pending claim from any Governmental Entity to the effect that such Seller Person has improperly classified as an independent contractor any Person named as an Independent Contractor on Schedule 4.144.13. Unless otherwise indicated on Schedule 4.14, and except in connection with the JCO RIF4.13, as of the date hereof, no Business Employee or Independent Contractor has given written notice, or has been given notice by either Seller any of the Sellers or any of its respective their Affiliates, of an intent to terminate his or her employment or independent contractor relationship with either Seller any of the Sellers or any of its respective their Affiliates. The records of the Sellers accurately reflect employment histories of all Business Employees, including their hours of service, and all such data is maintained in a usable form.