Benefit of the Bargain Sample Clauses

Benefit of the Bargain. The ASSOCIATION and the CITY share the goal of recruiting and hiring the most qualified applicants to become Austin Police Officers. The ASSOCIATION acknowledges the significant effort and skill of the Department’s Recruiting Unit in trying to meet this goal, but recognize that the Department needs to be able to adjust hiring procedures as necessary, without having to wait until the next Meet & Xxxxxx negotiation process. The parties agree that the degree of flexibility incorporated into this Article is of benefit to both parties and that this AGREEMENT would not have been reached without the flexibility provided by this Article.

Benefit of the Bargain a) In the event that the Texas Legislature amends any provision of Texas Local Government Code Chapters 141, 142 or 143, which changes wages or benefits for City of Austin Police Officers during the term of this AGREEMENT, any such amendment shall not be applicable to the Officers covered by this AGREEMENT, unless the City Council adopts such amendment by Ordinance. Examples of wages and benefits include, but are not limited to, base salary, longevity, assignment pay, sick leave, vacation, health insurance, and weapon provision mandates. b) During the negotiation of this AGREEMENT, the CITY and the ASSOCIATION have agreed on the stated enhancements to employee compensation and benefits, in reliance on the cost of those enhancements. Both parties acknowledge that this AGREEMENT would not have been reached, as reflected in this document, if the cost to the CITY had been higher. In the event of any proceeding in which the ASSOCIATION asserts the right to additional compensation or pay enhancements based on the provisions of this AGREEMENT, the decision-maker shall consider the cost of the contractual pay and benefits enhancements as part of the mutual agreement and meeting of the minds that resulted in approval of this AGREEMENT by both parties.

Benefit of the Bargain. THE PROVISIONS OF THIS SECTION 7 ARE AN ESSENTIAL ELEMENT OF THE BENEFIT OF THE BARGAIN REFLECTED IN THIS AGREEMENT.

Benefit of the Bargain. If Landlord elects to terminate this Lease or terminate Tenant's right of possession to the Leased Premises without terminating this Lease, there shall immediately become due and payable the amount by which: (i) the present value determined using a discount rate of eight percent (8%) per annum of the total Rent and other benefits which would have accrued to Landlord under this Lease for the remainder of the Term if the terms and provisions of this Lease had been fully complied with by Tenant, exceeds (ii) the total fair market rental value [determined using a discount rate of eight percent (8%) per annum] of the Leased Premises for the balance of the Term (it being the agreement of both parties hereto that Landlord shall receive the benefit of its bargain). In the event that Landlord elects to terminate Tenant's right of possession to the Leased Premises without terminating this Lease, and thereafter Landlord recovers from Tenant all sums payable under this Section 7.1.4, this Lease shall be deemed terminated as of the date of such recovery. For purposes of this Section 7.1.4, the fair market rental value of the Leased Premises shall be the prevailing Market Rate for similar space in similar high-rise office buildings in the Greenway Plaza and Galleria areas for a lease term equal to the remaining Term (without regard to any renewal options). In addition, there shall be recoverable from Tenant: (i) the reasonable cost of restoring the Leased Premises to Building standard condition, normal wear and tear and damage due to casualty or condemnation excepted; (ii) all accrued, unpaid sums, plus interest at the Applicable Rate for past due sums up to the date of termination; (iii) Landlord's reasonable cost of recovering possession of the Leased Premises; (iv) Rent accruing subsequent to the date of termination pursuant to the holdover provisions of Section 7.3, if any; and (v) any other sum of money or damages owed by Tenant to Landlord pursuant to this Lease.

Benefit of the Bargain. In the event that the Texas Legislature amends any provision of Texas Local Government 24 Code Chapters 141, 142 or 143, which changes wages or benefits for City of Austin Police 25 Officers during the term of this AGREEMENT, any such amendment shall not be applicable to 26 the Officers covered by this AGREEMENT, unless the City Council adopts such amendment by 27 Ordinance. Examples of wages and benefits include, but are not limited to, base salary, 28 longevity, assignment pay, sick leave, vacation, health insurance, and weapon provision 29 mandates.

Benefit of the Bargain. The CITY expressly retains its right and ability to proceed with the determination of whether or not police misconduct occurred and the authority of the Chief to impose disciplinary action. The ASSOCIATION recognizes the fact that such reservations are essential to this AGREEMENT. No dispute concerning the operation and function of the Director of the OPO’s Office or the Panel shall impair or delay the process of the Chief’s investigation and determination of whether or not police misconduct occurred and the degree of discipline, if any, to impose. This includes internal dispute resolution procedures in this AGREEMENT, any grievance process or arbitration, and any litigation over such issues. In other words, any such dispute resolution processes may proceed, as set forth in this contract or by law, but the disciplinary process may likewise and simultaneously proceed to its conclusion without delay. The statutory time period for the Chief of Police to take disciplinary action against an Officer shall be tolled to the extent of any period in which a court order, injunction, or TRO, obtained by the Officer involved or the ASSOCIATION on behalf of the Officer, halts the Department’s investigative or disciplinary process. In no event will the actual time exceed the timeframe 180 calendar days, as defined and provided for in Article 18, Section 8 for in Chapter 143 of the Texas Local Government Code, as modified under other provisions of this AGREEMENT. The parties agree that the processes in this AGREEMENT, together with the remedies set forth and the procedural protections and rights extended to Officers in this AGREEMENT are adequate remedies at law for all disputes arising under this Article.

Benefit of the Bargain. (a) In the event that the Texas Legislature amends any provision of Texas Local Government Code Chapter 141 or 142 or any other statute that adds or increases compensation or benefits for Officers during the term of this Agreement, any such amendment shall not be applicable to the Officers covered by this Agreement, unless the City Council adopts such amendments by Resolution or Ordinance. Examples of wages and benefits include, but are not limited to, base salary, longevity, assignment pay, sick leave, and vacation, health insurance and equipment provision mandates. (b) During the negotiation of this Agreement, the Parties have agreed on the stated enhancements to employee compensation and benefits, in reliance on the costs of those enhancements. The Parties acknowledge that this Agreement would not have been reached, as reflected in this document, if the cost to the City had been higher. In the event of any proceeding in which the Officers assert the right to additional compensation or pay enhancements based on the provisions of this Agreement, the decision-maker in any administrative proceeding or court shall consider the cost of the contractual pay and benefits enhancements as part of the mutual agreement and meeting of the minds that resulted in approval of this Agreement by both parties.

Benefit of the Bargain. An Indemnified Party’s right to indemnification hereunder or other remedies based on any representation, warranty, covenant or liability of another Person contained in or made pursuant to this Agreement shall not be affected by any investigation conducted by such Indemnified Party or any of its representatives or Affiliates or any knowledge acquired (or capable of being acquired) by any such Indemnified Party or its representatives or Affiliates, in each case, at any time, whether before or after the execution and delivery of this Agreement or the Closing.

Benefit of the Bargain. If Landlord elects to terminate this Lease or terminate Tenant's right of possession to the Premises without terminating this Lease, there shall immediately become due and payable an amount equal to the present value (determined using a discount rate equal to the yield then obtainable from the United States Treasury Xxxx or Note with a maturity date closest to the date of expiration of the Term) of the total Rent and other benefits which would have accrued to Landlord under this Lease for the remainder of the Term if the terms and provisions of this Lease had been fully complied with by Tenant. In addition, there shall be recoverable from Tenant: 11.2.4.1. the cost of restoring the Premises to building standard condition, normal wear and tear excepted; 11.2.4.2. all accrued, unpaid sums, plus interest at the maximum rate allowed by law, for past due sums up to the date of termination; 11.2.4.3. Landlord's cost of recovering possession of the Premises; 11.2.4.4. Rent accruing subsequent to the date of termination pursuant to the holdover provisions of Section 11.4 below; and 11.2.4.5. any other sum of money or damages owed by Tenant to Landlord.

Benefit of the Bargain. The CITY expressly retains its right and ability to proceed with the determination of whether or not police misconduct occurred and the authority of the Chief to impose disciplinary action. The ASSOCIATION recognizes the fact that such reservations are essential to this Agreement. No dispute concerning the operation and function of the Police Monitor’s Office or the Panel shall impair or delay the process of the Chief’s investigation and determination of whether or not police misconduct occurred and the degree of discipline, if any, to impose. This includes internal dispute resolution procedures in this Agreement, any grievance process or arbitration, and any litigation over such issues. In other words, any such dispute resolution processes may proceed, as set forth in this contract or by law, but the disciplinary process may likewise and simultaneously proceed to its conclusion without delay. The statutory time period for the Chief of Police to take disciplinary action against an officer shall be tolled to the extent of any period in which a court order, injunction, or TRO, obtained by the officer involved or the Association on behalf of the officer, halts the Department’s investigative or disciplinary process. In no event will the actual time exceed 180 calendar days. The parties agree that the processes in this Agreement, together with the remedies set forth and the procedural protections and rights extended to officers in this Agreement are adequate remedies at law for all disputes arising under this Article.