OPEN CONTRACTS. Unit members interested in career opportunities such as guidance counselor, reading specialist, or media specialist may be eligible for open contracts in these fields (and others as identified by the Office of Human Resources and Development) . The Office of Human Resources and Development will advertise the process in the spring of each year by which internal candidates can be considered for open contracts .
OPEN CONTRACTS. Upon the termination of this Agreement, for whatever reason, EKAE shall assume and be responsible for delivering any remaining quantities of Ethanol required to be delivered by UBEF to its customers pursuant to UBEF's contracts with the same, provided such contracts are to be delivered by UBEF from the Plant. Prior to the termination of this Agreement, UBEF shall provide EKAE with a listing of all such contracts and the quantities of Ethanol to be delivered pursuant to the same to assist EKAE in completing deliveries under these open contracts. EKAE agrees to assist UBEF in the collection of amounts owed to UBEF from those customers receiving deliveries of Ethanol from UBEF prior to the termination of this Agreement.
OPEN CONTRACTS. Upon the termination of this Restated Agreement, for whatever reason, HR shall be responsible for making available to UBE, in accordance with the terms and conditions of this Restated Agreement, any remaining quantities of Distiller’s Grains which are the subject of an Accepted Purchase Order and which have not yet been picked up by UBE in accordance with Section 5, provided UBE complies with its obligations under Section 5 and UBE provides HR with reasonable assurances of payment to HR for all such remaining Accepted Purchase Orders.
OPEN CONTRACTS. If Producer shall become subject to any foreclosure proceeding or defaults on any payment obligation with, or receives notice of acceleration or demand for payment from, its primary lender or any other creditor(s) in the aggregate amount of $100,000 or more, and such foreclosure proceeding continues or such payment obligation default is not cured or the primary lender or other creditor(s) does not forbear such payment obligation default, acceleration or demand for payment within fourteen (14) days following the filing of such foreclosure proceeding or such default or notice, then Gavilon may: (i) close out any open contracts which are, in Gavilon’s sole discretion, no longer within a tolerance acceptable to Gavilon’s credit department; (ii) exercise its setoff rights under this Agreement to mitigate against any losses arising from closing out any such forward contracts; and (iii) notwithstanding any contrary terms set forth in Section 6.2.2, limit any future forward contracts to either spot contracts and/or thirty (30) days or less.”
OPEN CONTRACTS the Close-Out Amount, in respect of each Open Contract, except to the extent that it relates to Short Positions and Rehypothecated Securities, shall be determined as at the Open Contract Termination Date;
OPEN CONTRACTS. 3.1 Cargill agrees to assign, deliver, and transfer to TAI on the Effective Date, and TAI agrees to accept from Cargill, on the Effective Date, all right, title, and interest of Cargill in and to all executory contracts for the purchase of grain (the "Open Contracts") by Cargill from various sellers, which Open Contracts are in existence on the Effective Date. TAI shall purchase the Open Contracts at the TAI truck bid on the Effective Date. If the parties cannot mutually agree to the TAI truck bid, the price shall be determined by an independent third party, mutually agreeable to both parties. Cargill shall indemnify and hold harmless TAI against all claims, damages, liabilities, costs, suits, obligations or penalties (including attorneys' fees) arising from Cargill's breach of or negligent administration or handling of any open hedge-to-arrive grain contracts which are assigned from Cargill to TAI ("HTA Contracts"), or arising from any questions of legality of such HTA Contracts to the extent that such questions of legality do not arise from TAI's breach of or negligent administration or handling of the HTA Contracts. TAI shall indemnify and hold harmless Cargill against all claims, damages, liabilities, costs, suits, obligations, or penalties (including attorneys' fees) arising from TAI's breach of or negligent administration or handling of the HTA Contracts.
OPEN CONTRACTS. Upon the termination of this Agreement, for whatever reason, One Earth Energy shall assume and be responsible for delivering any remaining quantities of Distiller’s Grains required to be delivered by UBE to its customers pursuant to UBE’s contracts with the same, provided such contracts are to be delivered by UBE from the Plant. Prior to the termination of this Agreement, UBE shall provide One Earth Energy with a listing of all such contracts and the quantities of Distiller’s Grains to be delivered pursuant to the same to assist One Earth Energy in completing deliveries under these open contracts. One Earth Energy agrees to assist UBE in the collection of amounts owed to UBE from those customers receiving deliveries of Distiller’s Grains from UBE prior to the termination of this Agreement.
OPEN CONTRACTS. Upon the termination of this Agreement, for whatever reason, AE shall assume and be responsible for delivering any remaining quantities of Distiller’s Grains required to be delivered by UBE to its customers pursuant to UBE’s contracts with the termination of this Agreement, UBE shall provide AE with a listing of all such contracts and the quantities of Distiller’s Grains to be delivered pursuant to the same to assist AE in completing delivers under these open contracts. AE agrees to assist UBE in the collection of amounts owed to UBE from those customers receiving deliveries of Distillers Grains from UBE prior to the termination of this Agreement.
OPEN CONTRACTS. The Seller has represented that it is not in breach or violation of or in default in the performance or observance of any term or provision of any Contract as further set forth in Section 5.10. If, however, at the time of Closing the Seller is unable to perform under any term or provision of any Contract because of weather or other events over which the Seller has no control and the Closing still occurs, Purchaser shall use commercially reasonable efforts to complete performance under such Contracts, including the portion, if any, that should have been completed prior to Closing. In no event shall Purchaser be required to complete performance under any Contracts in which the Seller is in default for reasons other then as set forth in the preceding sentence. Purchaser shall be entitled to receive all payments due under such Contracts with respect to work performed after Closing, including payments for the portion, if any, that was to have been completed prior to Closing, and Purchaser shall bear the reasonable expenses incurred after Closing in completing such performance, except for damages, penalties and other losses incurred as a result of the Seller's inability to perform EXHIBIT 2.1 ----------- 27 32 under such Contracts. Nothing contained in this Section 7.12 shall be construed as a waiver of Purchaser's conditions to close under Section 8.3 of the Agreement.
OPEN CONTRACTS. Unit members interested in career opportunities such as guidance counselor, read- ing specialist, or media specialist may be eligible for open contracts in these fields (and others as identified by the Office of Human Resources). The Office of Human Resources will advertise the process in the spring of each year by which internal candidates can be considered for open contracts. O BEST PRACTICES—The Office of Human Resources and MCEA will develop a joint communication about “Best Practices” to use during the transfer process. The communication will be posted in appropriate places online, distributed to Job Fair participants, and perhaps incorporated into the Job Fair brochure. The communi- cation will be available for new principals to review and will be included in MCEA’s Resumé Writing & Transfer Process Workshops. The Best Practices to be encouraged will include the critical need to advertise all vacancies, and notification of interviewees and interviewers when vacancies have been filled or when an applicant is no longer interested or available. P TEACHER EXCHANGE PROGRAM—A “Teacher Exchange Program” will be created to provide teachers the opportunity to work for a year at a different school or level, and provide principals the opportunity to work with different unit members for a one-year period. Fol- ARTICLE INVOLUNTARY TRANSFERS lowing the Job Fairs, a countywide “exchange” meeting for teachers will be advertised for interested unit mem- bers to attend. Exchanges will be for one year only and will occur only where there are suitable matches, agreed upon by both unit members and both supervisors. The expectation is that unit members will return at the end of the school year to their previous locations unless all four parties agree to making the reassignments perma- nent by April 1. Absent complete agreement, the unit members would be reassigned to their original schools for the following year.The unit members can pursue vol- untary transfers if they so desire.
