Amendment and Suspension Clause Samples
Amendment and Suspension. The COO may amend or suspend this Agreement without notice as follows:
a. If necessary in the reasonable opinion of the COO to protect the public health, safety, or welfare, and in the case of an emergency;
b. If Metro discovers that the facility knowingly accepted prohibited Metro area waste or misrepresented the nature or identification of Metro area waste; or
c. If, due to a binding decision by an arbitrator or court of competent jurisdiction, Metro:
(1) May be liable for damages for allowing waste of a type specified in this Agreement to be transported to the facility; or
(2) May no longer allow a waste type to be received, processed, stored or transferred at the facility.
Amendment and Suspension. The Board of Trustees may at any time in its sole discretion amend this Agreement or the Plan or suspend further Compensation Deferrals; provided, however, that no such amendment or suspension shall adversely affect the right of the Trustee to receive amounts previously credited to his Deferral Account. Upon any amendment of this Agreement or the Plan, the Funds and the Trustee shall execute such amendment or restatement as may be appropriate to evidence such amendment. Any such restatement of this Agreement or the Plan shall supersede any prior version of the Agreement or the Plan, but shall not supersede any prior election form, investment media designation form or Beneficiary designation form. In addition, all amendments and suspensions must comply with Code section 409A, the regulations thereunder, and any other published interpretive authority, as amended from time to time.