Professional Dues The school district will pay the annual dues for the Superintendent’s membership in the following organizations: Nebraska Council of School Administrators (NCSA), The School Superintendents Association (AASA), and any other membership dues requested by the Superintendent and approved by the Board.
Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the JBE shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law.
Breach of this Agreement If the Executive commits a breach, or threatens to commit a breach, of any of the provisions of Sections 7, 8 or 9 of this Agreement, then the Company shall have the right and remedy to have those provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed by the Executive that the rights and privileges of the Company granted in Sections 7, 8 and 9 are of a special, unique and extraordinary character and any such breach or threatened breach will cause great and irreparable injury to the Company and that money damages will not provide an adequate remedy to the Company.
Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.
PROFESSIONAL BEHAVIOR
A. The Code of Ethics of the Education Profession is considered by the Faculty Senate and the Board as acceptable criteria of professional behavior. The Faculty Senate shall address ethical problems in accordance with the terms of such Code of Ethics of the Education Profession (Appendix A).
B. No bargaining unit member shall be disciplined or discharged without just cause or without being accorded due process, except as described in Article XI paragraph A, concerning the orientation period.
C. Non-disciplinary, paid administrative leave may be issued while an allegation of misconduct is being investigated. The bargaining unit member’s pay shall not be interrupted nor reduced while on non- disciplinary paid administrative leave. Non-disciplinary paid administrative leave is designed to protect the integrity of a fact-finding investigation, and shall not be considered discipline to the bargaining unit member.
D. A bargaining unit member shall at all times be entitled to have present a representative of the Faculty Senate when they are being reprimanded, warned, or disciplined for any infraction of rules or delinquency in professional performance. When a request for such representation is made, no action shall be taken with respect to faculty until such representative of the Faculty Senate is present.
E. The bargaining unit member shall sign and receive a copy of each disciplinary action. The signing of this document is not to be construed as an admission of guilt but only as an acknowledgement that such action exists. In imposing any sanction on a current charge, the College shall not consider any prior infraction which occurred more than six (6) years previous to the date of the occurrence of the event on which the current charge is based except in instances specified in Article III, paragraph M.
F. No student, parental, citizen, or college personnel complaints originating after initial employment shall be placed in a bargaining unit member’s personnel file unless the bargaining unit member has had an opportunity to review the material, to respond to the material, and a preponderance of the evidence that supports that discipline is merited. Complaints against the bargaining unit member shall be put in writing with names of the complainant(s). The administrator shall attach to the written complaint a written explanation of all administrative action taken and administrative expectations (if any) of the bargaining unit member. The bargaining unit member may submit a written notation or reply regarding any complaint, and the same shall be attached to the file copy of the material in question. When documentation relating to a complaint is to be placed in a bargaining unit member’s file, the affected bargaining unit member shall be given the opportunity to review and sign said material; such signature will be understood to indicate awareness of the material but in no instance will said signature be interpreted to mean agreement with the content of the material.
Breach of Obligations The Parties acknowledge that a breach of any of the obligations contained herein would result in injuries. The Parties further acknowledge that the amount of the liquidated damages or the method of calculating the liquidated damages specified in this Agreement is a genuine and reasonable pre-estimate of the damages that may be suffered by the non-defaulting party in each case specified under this Agreement.
Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;
Outside Professional Activities 21.01 Outside professional activities may enhance the reputation of the University and the professional, scholarly and scientific competence of the ASM. ASMs are encouraged to involve themselves with the community outside the University in applying their professional skills and knowledge. This Article applies only to outside professional activities that involve the application of special skills and knowledge within the ASM's particular academic competence. An ASM may engage in such activities subject to the following conditions:
(a) Such activities shall not hinder the fulfillment of the ASM’s obligations to the University, including scholarly work, and the undertaking of a fair share of academic administration.
(b) Outside professional activities shall not require the commitment of a block of time which might interfere with the ASM’s normal timetable for teaching activities.
21.02 An ASM shall, upon written request, make available to his or her Administrative Head information on the nature and scope of paid outside professional activities.
21.03 When outside professional activities would involve the use of University supplies, facilities, employees, or services, such use shall be subject to the prior written approval of the Administrative Head. The request for approval shall include information on the nature and scope of the outside professional activities for which support is requested. If approval is granted, the charges for such equipment, supplies, facilities, employees or services shall be at the prevailing rates unless the Xxxxxxx & Vice-President (Academic) agrees, in writing, to waive all or part of the charges. When engaging in outside professional activities, the ASM shall ensure that he or she does not represent himself or herself as acting on behalf of the University. The University will assume no liability for any action brought against an ASM as a result of outside professional activities.
21.04 The name of the University shall not be used in any outside professional activity unless agreed, in writing, by the Xxxxxxx & Vice-President (Academic), although nothing shall prevent the ASM from stating the nature and place of his or her employment, rank and title, in connection with outside professional activities, provided that he or she shall not purport to represent the University or speak for it, or to have its approval unless that approval has been given in writing.
21.05 The provisions of this Article shall apply to ASM-CFEs mutatis mutandis.
Breach by Licensee a. The licensee shall have five (5) business days from its receipt of written notice by Producer and/or Producer’s authorized representative to cure any alleged breach of this Agreement by Licensee. Licensee’s failure to cure the alleged breach within five (5) business days shall result in Licensee’s default of its obligations, its breach of this Agreement, and at Producer's sole discretion, the termination of Licensee’s rights hereunder.
b. If Licensee engages in the commercial exploitation and/or sale of the Beat or New Song outside of the manner and amount expressly provided for in this Agreement, Licensee shall be liable to Producer for monetary damages in an amount equal to any and all monies paid, collected by, or received by Licensee, or any third party on its behalf, in connection with such unauthorized commercial exploitation of the Beat and/or New Song.
c. Licensee recognizes and agrees that a breach or threatened breach of this Agreement by Licensee give rise to irreparable injury to Producer, which may not be adequately compensated by damages. Accordingly, in the event of a breach or threatened breach by the Licensee of the provisions of this Agreement, Producer may seek and shall be entitled to a temporary restraining order and a preliminary injunction restraining the Licensee from violating the provisions of this Agreement. Nothing herein shall prohibit Producer from pursuing any other available legal or equitable remedy from such breach or threatened breach, including but not limited to the recovery of damages from the Licensee. The Licensee shall be responsible for all costs, expenses or damages that Producer incurs as a result of any violation by the Licensee of any provision of this Agreement. Licensee’ obligation shall include court costs, litigation expenses, and reasonable attorneys' fees.
Negligence We will only be liable for the proportion to which the loss or damage to the Goods is caused by or contributed to by Our negligence (including the negligence of any Subcontractor, but excluding the negligence of any Third Party Provider), and in any event that liability will be limited to $100 per item or package, or $1,000 in respect of all Goods moved or stored under this agreement (whichever is the lesser).
