Common use of Employment Relations Clause in Contracts

Employment Relations. (a) Neither Seller (in respect of the Power Generation Business) nor any Subject Company is engaged in any unfair labor practice; (b) no unfair labor practice complaint against Seller (in respect of the Power Generation Business) or any Subject Company is pending before the National Labor Relations Board or any other applicable regulatory authority or agency; (c) there is no organized labor strike, dispute, slowdown or stoppage actually pending or to the best knowledge of Seller and each Subject Company threatened against or involving Seller (in respect of the Power Generation Business) or any Subject Company; (d) to the best knowledge of Seller and each Subject Company, no representation question exists respecting the employees of Seller who are employed in the Power Generation Business, or any Subject Company; (e) neither Seller (in respect of the Power Generation Business) nor any Subject Company has been notified of any grievance which could reasonably be expected to have a Material Adverse Effect and no arbitration proceeding arising out of or under any collective bargaining agreement is pending; (f) except as set forth in Schedule 4.19 attached hereto, no collective bargaining agreement is binding upon or currently being negotiated by Seller (in respect of the Power Generation Business) or any Subject Company; (g) neither Seller (in respect of the Power Generation Business) nor any Subject Company has experienced any organized labor strike or material dispute, walkout, slowdown or stoppage during the three (3) years prior to the date hereof; and (h) neither Seller (in respect of the Power Generation Business) nor any Subject Company is in violation in any material respect of any collective bargaining agreement to which it is a party. Except as disclosed in Schedule 4.11(a) through (p), Schedule 4.19 or Schedule 4.20 or in the bylaws or the articles of incorporation of the Subject Companies, there exists no written or oral employment, consulting, severance, or indemnification agreements between Seller (in respect of the Power Generation Business) or any Subject Company and any officer or employee of Seller or of any Subject Company or any agreement that would give any Person the right to receive any payment from Purchasers or any Subject Company as a result of the transactions contemplated by this Agreement.

Employment Relations. (a) Neither To the best of Seller's and/or either Principal Shareholder respective knowledge, Seller (is in respect compliance with all Federal, state and other applicable laws, rules and regulations respecting employment and employment practices, terms and conditions of the Power Generation Business) nor any Subject Company is employment and wages and hours, and has not engaged in any unfair labor practicepractice which, in any of the foregoing cases, could have a Material Adverse Effect on the Assets or Business; (b) no there is not pending, or to the best of Seller's and/or either Principal Shareholders' respective knowledge, threatened any unfair labor practice charge or complaint against Seller (in respect of the Power Generation Business) by or any Subject Company is pending before the National Labor Relations Board or any other applicable regulatory authority comparable state agency or agencyauthority; (c) there is no organized labor strike, dispute, slowdown or stoppage actually pending or or, to the best knowledge of Seller and each Subject Company Seller's and/or either Principal Shareholders' respective knowledge, threatened against or involving Seller (in respect of the Power Generation Business) or any Subject CompanySeller; (d) to neither Seller either of the best knowledge Principal Shareholders is aware of Seller and each Subject Company, no representation question exists any union organization effort respecting the employees of Seller who are employed in the Power Generation Business, or any Subject CompanySeller; (e) neither no grievance which might have an adverse effect on Seller (in respect or the conduct of the Power Generation its Business) , nor any Subject Company has been notified of any grievance which could reasonably be expected to have a Material Adverse Effect and no arbitration proceeding arising out of or under any collective bargaining agreement agreement, is pendingpending and no claim therefor has been asserted; (f) except as set forth in Schedule 4.19 attached heretono litigation, arbitration, administrative proceeding or governmental investigation is now pending, and, to the best of Seller's and/or either Principal Shareholder's respective knowledge, no person or party has made any claim or has threatened litigation, arbitration, administrative proceeding or governmental investigation against Seller arising out of any law relating to discrimination against employees or employment practices; (g) no collective bargaining agreement is binding upon or currently being negotiated by Seller (in respect of the Power Generation Business) or any Subject Company; (g) neither Seller (in respect of the Power Generation Business) nor any Subject Company has experienced any organized labor strike or material dispute, walkout, slowdown or stoppage during the three (3) years prior to the date hereof; and (h) neither Seller (in respect of the Power Generation Business) nor any Subject Company is in violation in any material respect of any collective bargaining agreement to which it is a partySeller. Except as disclosed in set forth on Schedule 4.11(a) through (p), Schedule 4.19 3.23 attached hereto no officer or Schedule 4.20 or in the bylaws or the articles of incorporation key employee of the Subject Companies, there exists no written Seller has announced or oral employment, consulting, severance, or indemnification agreements between Seller (in respect of otherwise indicated that he/she will terminate his/her relationship with the Power Generation Business) or any Subject Company and any officer or employee of Seller or of any Subject Company or any agreement that would give any Person the right to receive any payment from Purchasers or any Subject Company team as a result of the announcement of the transactions contemplated by this Agreement. Without limiting the foregoing, to the best of Seller's and/or either Principal Shareholder's respective knowledge, Seller is in compliance with the Immigration Reform and Control Act of 1986, as amended, and maintains a current Form I-9 as required by such Act in the personnel file of each employee hired after November 9, 1986.

Employment Relations. Except as described in Schedule 5.24, (a) Neither Seller (the Companies are and have been at all times in respect compliance with all legal requirements respecting employment and employment practices, terms and conditions of the Power Generation Business) nor any Subject Company is employment and wages and hours, and are not engaged in any unfair labor practice; (b) no unfair labor practice complaint against Seller (before any legal body, no discharge or grievance before any legal body responsible for the prevention of wrongful or unlawful employment practices and no complaint, charge or grievance of any nature before any such legal body, in respect any case relating to the Companies or the conduct of the Power Generation Business) or any Subject Company its business is pending before or, to the National Labor Relations Board or Seller Parties' knowledge, threatened nor has any other applicable regulatory authority or agencysuch action occurred within the past five years; (c) the Companies have not received notice, and have no knowledge, of the intent of any legal body responsible for the enforcement of labor or employment laws to conduct any investigation of or relating to the Companies or the conduct of their business; (d) to the Best Knowledge of Seller, no officer or key employee of any Company has any plans to terminate his or her employment with such Company; (e) there is no organized labor strike, dispute, slowdown or stoppage actually pending or or, to the best knowledge Best Knowledge of Seller and each Subject Company Seller, threatened against or involving Seller (in respect of the Power Generation Business) or Companies nor has any Subject Companysuch action occurred within the past five years; (df) to the best knowledge Best Knowledge of Seller and each Subject CompanySeller, no representation question exists respecting grievance which might have an adverse effect on the employees of Seller who are employed in the Power Generation Business, Companies or any Subject Company; (e) neither Seller (in respect of the Power Generation Business) their business nor any Subject Company has been notified of any grievance which could reasonably be expected to have a Material Adverse Effect and no arbitration proceeding arising out of or under any collective bargaining agreement is pendingpending and no claim therefor has been asserted nor has any such action occurred within the past five years; (fg) except as set forth in Schedule 4.19 attached hereto, no collective bargaining agreement is binding upon currently in effect or currently being negotiated by Seller (in respect of the Power Generation Business) or any Subject Company; (g) neither Seller (in respect of the Power Generation Business) nor any Subject Company has experienced any organized labor strike or material dispute, walkout, slowdown or stoppage during the three (3) years prior to the date hereofCompanies; and (h) neither Seller (in respect there has not been, and none of the Power Generation Business) nor Seller Parties anticipates, any Subject Company is materially adverse change in violation in any material respect of any collective bargaining agreement to which it is a party. Except as disclosed in Schedule 4.11(a) through (p)relations with employees, Schedule 4.19 consultants or Schedule 4.20 or in the bylaws or the articles of incorporation of the Subject Companies, there exists no written or oral employment, consulting, severance, or indemnification agreements between Seller (in respect of the Power Generation Business) or any Subject Company and any officer or employee of Seller or of any Subject Company or any agreement that would give any Person the right to receive any payment from Purchasers or any Subject Company independent contractors as a result of the announcement or consummation of the transactions contemplated by this Agreement. The details regarding the employees of the Companies as set forth in Schedule 5.24 are true, complete and accurate and all of such employees are employed by the Companies and there are no other employees of the Companies.

Employment Relations. (a) Neither Seller (Compu-DAWN is in respect compliance with xxx United States federal, state, local, forxxxx, xxx xxxxx xxxxxxxxxx laws, rules and regulations respecting employment and employment practices, terms and conditions of the Power Generation Business) nor any Subject Company is employment and wages and hours, and has not engaged in any unfair labor practicepractice which, in any of the foregoing cases, could have a Material Adverse Effect; (b) no unfair labor there is not pending, or, to the knowledge of Compu-DAWN, threatened, any unfaix xxbor practice charge or complaint against Seller (in respect of the Power Generation Business) Compu-DAWN by or any Subject Company is pending before the Unitex Xxates federal National Labor Relations Board or any other applicable regulatory authority comparable state, local or agencyforeign agency or authority; (c) there thee is no organized labor strike, dispute, slowdown or stoppage actually pending or or, to the best knowledge of Seller and each Subject Company Compu- DAWN, threatened against or involving Seller (in respect of the Power Generation Business) or any Subject Companyxx xnvolving Compu-DAWN; (d) to the best knowledge Compu-DAWN is xxx aware of Seller and each Subject Company, no representation question exists any uxxxx organization effort respecting the employees of Seller who are employed in the Power Generation Business, or any Subject CompanyCompu-DAWN; (e) neither Seller (in respect no grievance whicx xxght have an adverse effect on Compu-DAWN or the conduct of the Power Generation Xxxxery Business) , nor any Subject Company has been notified of any grievance which could reasonably be expected to have a Material Adverse Effect and no arbitration proceeding arising out of or under any collective bargaining agreement agreement, is pendingpending and no claim therefor has been asserted; (f) except as set forth in Schedule 4.19 attached heretono litigation, arbitration, administrative proceeding or governmental investigation is now pending, and, to the knowledge of Compu-DAWN, no Person has made axx xlaim or has threatened litigation, arbitration, administrative proceeding or governmental investigation against, arising out of any law relating to discrimination against employees or employment practices; (g) no collective bargaining agreement is binding upon or currently being negotiated by Seller (in respect of the Power Generation Business) or any Subject Company; (g) neither Seller (in respect of the Power Generation Business) nor any Subject Company has experienced any organized labor strike or material dispute, walkout, slowdown or stoppage during the three (3) years prior to the date hereofCompu-DAWN; and (h) neither Seller Compu-DAWN hxx xot experienced anx xxterial labor difficulties during the last three (3) years. There has not been, and Compu-DAWN does not anticipate xxx material adverse change in respect relations with employees of the Power Generation Business) nor any Subject Company is in violation in any material respect of any collective bargaining agreement to which it is a party. Except as disclosed in Schedule 4.11(a) through (p), Schedule 4.19 or Schedule 4.20 or in the bylaws or the articles of incorporation of the Subject Companies, there exists no written or oral employment, consulting, severance, or indemnification agreements between Seller (in respect of the Power Generation Business) or any Subject Company and any officer or employee of Seller or of any Subject Company or any agreement that would give any Person the right to receive any payment from Purchasers or any Subject Company Compu-DAWN as a result of the anxxxxcement of the transactions contemplated by this Agreement. Without limiting the foregoing, Compu-DAWN is in compliance with xxx Immigration Reform and Control Act of 1986, as amended, and maintain a current Form I-9 as required by such Act in the personnel file of each employee.

Employment Relations. Except as described in Schedule 5.23, (a) Neither Seller (is and has been at all times in respect compliance with all legal requirements respecting employment and employment practices, terms and conditions of the Power Generation Business) nor any Subject Company is employment and wages and hours, and are not engaged in any unfair labor practice; (b) no unfair labor practice complaint against before any legal body, no discharge or grievance before any legal body responsible for the prevention of wrongful or unlawful employment practices and no complaint, charge or grievance of any nature before any such legal body, in any case relating to Seller (in respect or the conduct of the Power Generation Business) or any Subject Company its business is pending before or, to Seller's knowledge, threatened nor has any such action occurred within the National Labor Relations Board or any other applicable regulatory authority or agencypast five years; (c) Seller has not received notice, and has no knowledge, of the intent of any legal body responsible for the enforcement of labor or employment laws to conduct any investigation of or relating to Seller or the conduct of its business; (d) to the Best Knowledge of Seller, no officer or key employee of Seller has any plans to terminate his or her employment with Seller other than to accept employment with Purchaser; (e) there is no organized labor strike, dispute, slowdown or stoppage actually pending or or, to the best knowledge Best Knowledge of Seller and each Subject Company Seller, threatened against or involving Seller (in respect of nor has any such action occurred within the Power Generation Business) or any Subject Companypast five years; (df) to the best knowledge Best Knowledge of Seller and each Subject CompanySeller, no representation question exists respecting the employees of grievance which might have an adverse effect on Seller who are employed in the Power Generation Business, or any Subject Company; (e) neither Seller (in respect of the Power Generation Business) its business nor any Subject Company has been notified of any grievance which could reasonably be expected to have a Material Adverse Effect and no arbitration proceeding arising out of or under any collective bargaining agreement is pendingpending and no claim therefor has been asserted nor has any such action occurred within the past five years; (fg) except as set forth in Schedule 4.19 attached hereto, no collective bargaining agreement is binding upon currently in effect or currently being negotiated by Seller (in respect of the Power Generation Business) or any Subject Company; (g) neither Seller (in respect of the Power Generation Business) nor any Subject Company has experienced any organized labor strike or material dispute, walkout, slowdown or stoppage during the three (3) years prior to the date hereofSeller; and (h) neither Seller (in respect there has not been, and none of the Power Generation Business) nor Seller Parties anticipates, any Subject Company is materially adverse change in violation in any material respect of any collective bargaining agreement to which it is a party. Except as disclosed in Schedule 4.11(a) through (p)relations with employees, Schedule 4.19 consultants or Schedule 4.20 or in the bylaws or the articles of incorporation of the Subject Companies, there exists no written or oral employment, consulting, severance, or indemnification agreements between Seller (in respect of the Power Generation Business) or any Subject Company and any officer or employee of Seller or of any Subject Company or any agreement that would give any Person the right to receive any payment from Purchasers or any Subject Company independent contractors as a result of the announcement or consummation of the transactions contemplated by this Agreement.