AUTHORITY RIGHTS. The parties agree that the Authority retains, solely and exclusively, all the rights, powers, and authority exercised or held prior to the execution of this MOU, except as expressly limited by a specific provision of this MOU. Without limiting the generality of the foregoing, the rights, powers, and authority retained solely and exclusively by the Authority and not abridged herein include, but are not limited to, the following:
1. To manage and direct its business and personnel.
2. To manage, control, and determine the mission of its Departments, building facilities and operations.
3. To create, change, combine, or abolish jobs, Departments, and facilities in whole or in part.
4. To subcontract or discontinue work for economic or operational reasons.
5. To direct the work force.
6. To increase or decrease the work force and determine the number of employees needed.
7. To hire, transfer, promote, and maintain the discipline and efficiency of its employees.
8. To establish work standards, schedules of operation, and reasonable work load.
9. To specify or assign work requirements and overtime.
10. To schedule working hours and shifts.
11. To determine the type and scope of work to be performed and the services to be provided.
12. To determine the methods, processes, means, and places of providing services.
13. To take whatever action necessary to prepare for or operate in an emergency. Nothing in this Article shall be construed to limit, amend, decrease, revoke, or otherwise modify the rights vested in the Authority by any law regulating, authorizing, or empowering the Authority to act or refrain from acting.
AUTHORITY RIGHTS. 9.1 The Supplier acknowledges and agrees that all Intellectual Property Rights in the Deliverables shall transfer to the Authority upon Delivery and that the Authority shall be free to use, handle, operate or otherwise exploit the Deliverables in such manner as it (in its sole discretion) sees fit, including (without limitation) the right to:
9.1.1 broadcast, transmit or otherwise make available the Deliverables throughout the world via any Broadcast Media;
9.1.2 duplicate the Videos and the Delivery Materials for any purpose;
9.1.3 encode, aggregate, compress, index and otherwise technically manipulate or change the technical format of the Deliverables and/or the Delivery Materials (including associating any metadata therewith) for any purpose and to store any such versions and copies of the Deliverables (in such manner as the Authority determines in its sole discretion);
9.1.4 advertise, publicise, promote and/or review the Deliverables via any Broadcast Media and, without limiting the foregoing, the Authority shall be entitled to:
9.1.4.1 publish in any language and in such form as the Authority may determine synopses, summaries and resumes of the Deliverables and copies and/or excerpts from any material from the Deliverables in any media including newspapers, magazines, leaflets, trade periodicals, billboards, posters, on any website used, operated or maintained by the Authority and/or via any other media (including viral campaigns);
9.1.4.2 use the name, physical likeness, voice and biography (and any reproduction of any of these including still photographs from or relating to the Deliverables) of any Participant for any purposes other than for the purposes of merchandising, product endorsement, tie-ins or other activities which do not have as their main purpose advertising, publicity, promotion or review of the Deliverables; and
9.1.4.3 preview the Deliverables to press, media and others for the purposes of advertising, publicity and promotion of the Deliverables; and
9.1.5 alter, add to, edit, amend, cut or interrupt any of the Deliverables.
AUTHORITY RIGHTS. 8 3 Union Rights ........................................................................ 9 4 Training...............................................................................10 8 No Strike .............................................................................11 8 Labor Management Committee...........................................12 8 Registry...............................................................................13 9
AUTHORITY RIGHTS. 10.1 Notwithstanding any provision in the Collateral Warranties to the contrary, and without prejudice to Clause 10.8, the Authority agrees that it will not exercise or seek to exercise any of its step- in rights or other rights under or in respect of any Collateral Warranty prior to termination of the Contract until the earlier of:
10.1.1 the Senior Debt Discharge Date; and
10.1.2 the date on which the Security Trustee has given its written consent to such exercise following a request from the Authority or otherwise.
10.2 The Authority shall not, prior to the Senior Debt Discharge Date:
10.2.1 do anything pursuant to the Collateral Warranties or the Services Contracts following the Termination Date (including any act which gives rise to any cross claim, counterclaim, set off, variation or waiver) to prejudice the Accrued Rights relating to the Services Contracts;
10.2.2 claim, recover, retain or receive (or seek to claim, recover, retain or receive) any amounts (including any costs, claims, damages, losses and liabilities) to which the Accrued Rights relate under, pursuant to or in connection with the Collateral Warranties and/or the Services Contracts;
10.2.3 take any action to wind-up, dissolve, appoint an administrator, trustee, receiver (of any type), compulsory manager or similar officer, or sanction a voluntary arrangement or scheme of arrangement (or similar) in relation to the Service Provider or take any other similar or analogous step relating to the insolvency of the Service Provider;
10.2.4 take any action to wind-up, dissolve, appoint an administrator, trustee, receiver (of any type), compulsory manager or similar officer, or sanction a voluntary arrangement or scheme of arrangement (or similar) in relation to any Relevant Sub- Contractor or any of their respective guarantors or take any other similar or analogous step relating to the insolvency of any such person in each case on grounds (whether in whole or in part) relating to the Project;
10.2.5 save with the prior written consent of the Security Trustee, compete with the rights of the Finance Parties on grounds (whether in whole or in part) relating to the Project (by virtue of a claim under any of the Collateral Warranties, the Contract or any other Project Document or otherwise) on any formal insolvency of the Service Provider, any Relevant Sub-Contractor or any of their respective guarantors, nor claim to be subrogated to any rights of any of the Finance Parties.
10.3 The parties agree...
AUTHORITY RIGHTS. All Authority rights, powers, authority and functions to the extent of the law shall remain vested exclusively in the Authority except to the extent expressly limited by the specific provisions of this Memorandum of Understanding. Therefore, and to the extent permitted by law, it is expressly recognized that such rights, powers, authority and functions include but are by no means limited to, the right to establish and administer policies, procedures and standards, to direct and schedule the work force; to hire, promote, demote, transfer and lay off employees; to reprimand, suspend, discharge or otherwise discipline employees; to determine the number of employees and the duties to be performed; to maintain efficiency; to establish, expand, reduce, alter, consolidate, or abolish any job classification or operation of service; to determine staffing requirements; to control and regulate the use of facilities, supplies, equipment and other property; to determine the number, location, and operation of work sites; to determine the assignment of work; to require overtime work; to discontinue, reorganize or combine any operation despite any consequent reduction or other change in the work force; to introduce new or improved methods of operations regardless of whether or not the same caused a reduction in the work force; to establish and change reasonable rules, regulations, policies and practices; to determine the extent to which the work required shall be performed by employees covered by this Memorandum of Understanding; to determine the number of supervisors and other jobs or positions outside of the bargaining unit covered by this Memorandum of Understanding, and the right to determine the means of selection, transfer and promotion of employees to said positions and jobs; to determine professional standards; to schedule hours of operation and work; to determine the scope of Authority’s activities and the location of such activities; and to determine the materials and equipment to be utilized. Service to the union is complete when a communication is served via e-mail, certified mail, or FedEx/UPS (or its equivalent).
AUTHORITY RIGHTS. It is the exclusive right of the Public Authority to determine its mission, and the methods, manners, means, personnel, and the classification thereof, by which the Authority’s operations are conducted and objectives are to be achieved, so long as the methods, manners, means, personnel, and the classification decisions, procedures or policies do not violate any applicable statutory or case law, Ordinance, Resolution, Regulation, the applicable EERR&R or this MOA. SEIU ULTCW shall hold harmless the Ventura County IHSS Public Authority and through respective boards, directors and employees from any and all claims for damages arising from disclosure to SEIU ULTCW of IHSS providers, names, social security numbers, addresses and telephone numbers.
AUTHORITY RIGHTS. The Authority will exercise the exclusive right to set its policy, to manage its business in the light of experience, good business judgment and changing conditions; to determine the qualifications for and to select its managerial and supervisory forces; to determine the qualifications of employees who desire promotion from one job to another or from one classification to another classification; to determine the number of employees it will retain in its services at any time during the life of this Agreement; to make reasonable rules and regulations governing the operations of its business; to enforce discipline for violation of rules and other misconduct; to discharge employees for just cause; and to determine the qualifications for hire of new employees, subject to such limitations thereon as set forth in this Agreement. The Authority will provide a safe, adequate working environment for all its employees, and may implement safety programs and procedures it deems necessary. The Authority will provide equipment, as it deems necessary, for the employees to perform their jobs. The Authority agrees that bargaining unit work will be performed by bargaining unit employees, except in cases of bona fide emergencies or where needed to avoid disruption or delay of services to the public. The Authority will make a reasonable attempt to fill the work with bargaining unit employees. With respect to work rules, the Authority will not unilaterally establish and implement work rules which change or directly impact the terms and conditions of employment. If and when the Authority desires to change existing work rules and/or implement new work rules, the Authority will so advise the Union and the parties will forthwith convene the Labor-Management Committee to address such issues. If the Labor-Management Committee cannot reach an agreement, the disputed issues will be resolved by arbitration as defined in Article 13, Grievance and Arbitration Procedure, prior to the establishment or implementation of any disputed changes in any work rules. With respect to subcontracting, the Authority reserves the exclusive right to subcontract work. However, the Authority will notify the Union of its intention to subcontract such work at least sixty (60) days prior to the deadline for responses to the Request for Proposal. The Authority will meet and discuss with the Union the impact of such subcontracting on bargaining unit employees providing the Union requests such a meeting within ten...
AUTHORITY RIGHTS. 2.6.1.1 The Authority may carry out audits of the CDE and the maintained model and information at any point during the operational period to confirm if ProjectCo is complying with its obligations.
AUTHORITY RIGHTS. Each of the Parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perform its respective obligations hereunder and that such obligations shall be binding upon such Party without the requirement of the approval or consent of any other person or entity in connection herewith. This Agreement creates no rights, title or interest in any person or entity whatsoever (whether under a third party beneficiary thereof or otherwise) other than the Parties.
AUTHORITY RIGHTS. In The Event Of A Violation 149 38.15.4. Review 149
