Changes to Exhibit A That Do Not Require Mutual Agreement Sample Clauses

Changes to Exhibit A That Do Not Require Mutual Agreement. Notwithstanding any other provisions of this Settlement Agreement, mutual agreement is not needed for the District to exclude from the Teaching Station count in Exhibit A (although those exclusions must still be recorded in the General Classrooms Not Counted Column) (i) a teaching station (that was previously included in the teaching station count) that is subsequently used for a child development center, preschool program, adult education, for a charter school or is, otherwise, not provided to students in the District pursuant to section 11969.3(b)(1) of Title 5 of the California Code of Regulations or (ii) an existing teaching station no longer able to be used as a classroom due to health and safety concerns that render the teaching station uninhabitable, such as mold or seismic concerns. The District is required to add to the Teaching Station inventory any new classroom built after the Effective Date of this Settlement Agreement. The District is also required to add to the Teaching Station count any teaching station that was excluded as of the Effective Date of this Settlement Agreement because it is used by a child development center, preschool program, adult education, for a charter school or is, otherwise, not provided to students in the District attending comparison group schools pursuant to 5 CCR Section 11969.3(b)(1) or is not being used as a classroom due to health and safety concerns that render the teaching station uninhabitable such as mold or seismic concerns, but is, subsequently to the Effective Date of this Settlement Agreement, provided to students in the District pursuant to 5 CCR Section 11969.3(b)(1). Though mutual agreement is not needed, the District shall include any exclusions, additions, or changes pursuant to this section in the final version of Exhibit A. In addition, the District will include in Exhibit A an “Occupant_Code” column in the tab titled “Classrooms” that will identify (i) all teaching stations, by room number or unique description, that are excluded from the determination of the number of teaching stations in accordance with 5 CCR Section 11969.3 (b)(1) as well as the holding of CCSA v. LAUSD, 60 Cal.4th 1221 (2015), unless CCSA v. LAUSD is no longer applicable precedent; and (ii) the specific current use of the classroom and associated reason that it has been excluded. The District will also include a “General Classrooms Not Counted” column in the “Campuses” tab that identifies the total number of teaching stations...
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Related to Changes to Exhibit A That Do Not Require Mutual Agreement

  • Authorization of Agreement This Agreement has been duly authorized, executed and delivered by the Company.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

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