Common use of Employment Relations Clause in Contracts

Employment Relations. Except as described in Schedule 5.23, (a) Seller is and has been at all times in compliance with all legal requirements respecting employment and employment practices, terms and conditions of employment and wages and hours, and are not engaged in any unfair labor practice; (b) no unfair labor practice complaint 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 or the conduct of its business is pending or, to Seller's knowledge, threatened nor has any such action occurred within the past 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 labor strike, dispute, slowdown or stoppage actually pending or, to the Best Knowledge of Seller, threatened against or involving Seller nor has any such action occurred within the past five years; (f) to the Best Knowledge of Seller, no grievance which might have an adverse effect on Seller or its business nor any arbitration proceeding arising out of or under any collective bargaining agreement is pending and no claim therefor has been asserted nor has any such action occurred within the past five years; (g) no collective bargaining agreement is currently in effect or being negotiated by Seller; and (h) there has not been, and none of the Seller Parties anticipates, any materially adverse change in relations with employees, consultants or independent contractors as a result of the announcement or consummation of the transactions contemplated by this Agreement.

Employment Relations. Except as described in Schedule 5.23, (a) To the best of Seller's and/or either Principal Shareholder respective knowledge, Seller is and has been at all times in compliance with all legal requirements Federal, state and other applicable laws, rules and regulations respecting employment and employment practices, terms and conditions of employment and wages and hours, and are 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 complaint 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 complaint against Seller by or before the National Labor Relations Board or any nature before any such legal body, in any case relating to Seller comparable state agency or the conduct of its business is pending or, to Seller's knowledge, threatened nor has any such action occurred within the past five yearsauthority; (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 labor strike, dispute, slowdown or stoppage actually pending or, to the Best Knowledge best of Seller's and/or either Principal Shareholders' respective knowledge, threatened against or involving Seller nor has any such action occurred within the past five yearsSeller; (fd) to neither Seller either of the Best Knowledge Principal Shareholders is aware of any union organization effort respecting the employees of Seller, ; (e) no grievance which might have an adverse effect on Seller or the conduct of its business Business, nor any arbitration proceeding arising out of or under any collective bargaining agreement agreement, is pending and no claim therefor has been asserted nor asserted; (f) no 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 such action occurred within the past five yearsclaim 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 currently in effect or being negotiated by Seller; and (h) there has not been, and none . Except as set forth on Schedule 3.23 attached hereto no officer or key employee of the Seller Parties anticipates, any materially adverse change in relations has announced or otherwise indicated that he/she will terminate his/her relationship with employees, consultants or independent contractors the team as a result of the announcement or consummation 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 5.23, (a) Neither Seller (in respect of the Power Generation Business) nor any Subject Company is and has been at all times in compliance with all legal requirements respecting employment and employment practices, terms and conditions of employment and wages and hours, and are not engaged in any unfair labor practice; (b) no unfair labor practice complaint before against Seller (in respect of the Power Generation Business) or 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 or the conduct of its business Subject Company is pending or, to Seller's knowledge, threatened nor has before the National Labor Relations Board or any such action occurred within the past five yearsother applicable regulatory authority or agency; (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, Seller and each Subject Company threatened against or involving Seller nor has (in respect of the Power Generation Business) or any such action occurred within the past five yearsSubject Company; (fd) to the Best Knowledge best knowledge of SellerSeller 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 might could reasonably be expected to have an adverse effect on Seller or its business nor any a Material Adverse Effect and no arbitration proceeding arising out of or under any collective bargaining agreement is pending and no claim therefor has been asserted nor has any such action occurred within the past five yearspending; (gf) except as set forth in Schedule 4.19 attached hereto, no collective bargaining agreement is binding upon or currently in effect or being negotiated by SellerSeller (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) there has not been, and none 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 Parties anticipates, (in respect of the Power Generation Business) or any materially adverse change in relations with employees, consultants Subject Company and any officer or independent contractors 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 announcement or consummation of the transactions contemplated by this Agreement.

Employment Relations. Except as described in Schedule 5.235.24, (a) Seller is the Companies are and has have been at all times in compliance with all legal requirements respecting employment and employment practices, terms and conditions of employment and wages and hours, and are not engaged in any unfair labor practice; (b) no unfair labor practice complaint 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 the Companies or the conduct of its business is pending or, to Seller's the Seller Parties' knowledge, threatened nor has any such action occurred within the past five years; (c) Seller has the Companies have not received notice, and has 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 Seller the Companies or the conduct of its their business; (d) to the Best Knowledge of Seller, no officer or key employee of Seller any Company has any plans to terminate his or her employment with Seller other than to accept employment with Purchasersuch Company; (e) there is no labor strike, dispute, slowdown or stoppage actually pending or, to the Best Knowledge of Seller, threatened against or involving Seller the Companies nor has any such action occurred within the past five years; (f) to the Best Knowledge of Seller, no grievance which might have an adverse effect on Seller the Companies or its their business nor any arbitration proceeding arising out of or under any collective bargaining agreement is pending and no claim therefor has been asserted nor has any such action occurred within the past five years; (g) no collective bargaining agreement is currently in effect or being negotiated by Sellerthe Companies; and (h) there has not been, and none of the Seller Parties anticipates, any materially adverse change in relations with employees, consultants or 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. Except as described in Schedule 5.23, (a) Seller Compu-DAWN is and has been at all times in compliance with all legal requirements xxx United States federal, state, local, forxxxx, xxx xxxxx xxxxxxxxxx laws, rules and regulations respecting employment and employment practices, terms and conditions of employment and wages and hours, and are 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 practice complaint before any legal bodythere is not pending, 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 or the conduct of its business is pending or, to Seller's knowledgethe knowledge of Compu-DAWN, threatened nor has threatened, any such action occurred within unfaix xxbor practice charge or complaint against Compu-DAWN by or before the past five yearsUnitex Xxates federal National Labor Relations Board or any comparable state, local or foreign agency or authority; (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 thee is no labor strike, dispute, slowdown or stoppage actually pending or, to the Best Knowledge knowledge of SellerCompu- DAWN, threatened against or involving Seller nor has any such action occurred within the past five yearsxx xnvolving Compu-DAWN; (fd) to Compu-DAWN is xxx aware of any uxxxx organization effort respecting the Best Knowledge employees of Seller, Compu-DAWN; (e) no grievance which might whicx xxght have an adverse effect on Seller Compu-DAWN or its business the conduct of the Xxxxery Business, nor any arbitration proceeding arising out of or under any collective bargaining agreement agreement, is pending and no claim therefor has been asserted nor asserted; (f) no 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 such action occurred within the past five yearslaw relating to discrimination against employees or employment practices; (g) no collective bargaining agreement is currently in effect or being negotiated by SellerCompu-DAWN; and (h) there Compu-DAWN hxx xot experienced anx xxterial labor difficulties during the last three (3) years. There has not been, and none of the Seller Parties anticipates, any materially Compu-DAWN does not anticipate xxx material adverse change in relations with employees, consultants or independent contractors employees of Compu-DAWN as a result of the announcement or consummation 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.