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For purposes of this Article, the following definitions apply:
(a) "Change in Control" shall mean any sale, assignment, transfer, contribution, or other disposition (including by consolidation, merger, or reorganization) of all or substantially all of the assets of, or a controlling interest in, the Incumbent Grocery Employer or IGE Parent or any Grocery Establishment under the operation or control of either such Incumbent Grocery Employer or IGE Parent.
(b) "City" shall mean the City and County of San Francisco.
(c) "Eligible Grocery Worker" shall mean any individual whose primary place of employment is at the Grocery Establishment subject to a Change in Control, and who has worked for the Incumbent Grocery Employer for at least six months prior to the execution of the Transfer Document. "Eligible Grocery Worker" does not include a managerial, supervisory, or confidential employee.
(d) "Employment Commencement Date" shall mean the date on which an Eligible Grocery Worker retained by the Successor Grocery Employer pursuant to this Article commences work for the Successor Grocery Employer in exchange for compensation and benefits under the terms and conditions established by the Successor Grocery Employer and as required by law and any applicable collective bargaining agreement, if any.
(e) "Grocery Establishment" shall mean a retail store in the City that is over 15,000 square feet in size and sells primarily household foodstuffs for offsite consumption, including fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and/or prepared foods. Other household supplies or other products sold by the "Grocery Establishment" shall be secondary to the primary purpose of food sales.
(f) "Incumbent Grocery Employer" shall mean the Person that owns, controls, and/or operates the Grocery Establishment prior to the Change in Control.
(g) "IGE Parent" shall mean any Person who controls the Incumbent Grocery Employer.
(h) "Person" shall mean an individual, proprietorship, corporation, partnership, limited partnership, limited liability partnership or company, trust, business trust, estate, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.
(i) "Successor Grocery Employer" shall mean the Person that owns, controls, and/or operates the Grocery Establishment after the Change in Control.
(j) "Transfer Document" shall mean the purchase agreement or other document(s) effecting the Change in Control.
(Added by Ord. 90-06, File No. 060395, App. 5/12/2006)