Conclusiveness. A. The provisions expressly stated in this MOU may be altered, changed, added to, deleted from or modified only through the voluntary mutual consent of the HPOA and the City in a written and signed amendment to this agreement.
B. The HPOA and the City agree that during the negotiations which resulted in this MOU each had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation. Therefore, during the term of this agreement, neither the City nor the HPOA shall be obligated to meet and confer on any matter:
1. Whether or not specifically referred to in this MOU;
2. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations;
3. Whether or not the matters were proposed and later withdrawn during negotiations.
C. Except that: In order to meet an emergent situation the City may change a written policy affecting wages, hours and other terms and conditions of employment which is not specifically set forth in this MOU. The City shall notify the HPOA of its intention to so do. If the HPOA does not respond within ten (10) calendar days from the date of mailing of such notification the City shall assume that the HPOA does not wish to meet and confer on the change in policy. In an emergency, the City retains the right to take such action immediately. The HPOA will be offered the opportunity to meet and confer as soon as practicable.
Conclusiveness. (a) The specific provisions contained in this Agreement constitute the entire and sole agreement between the City and the Association and shall prevail over existing City ordinances, resolutions, rules and regulations, policies, procedures and practices wherever there is a direct conflict between previous written policies and practices and a specifically contradictory term of this Agreement. Existing written policies, rules, regulations, ordinances and resolutions shall be amended to conform to the terms of this Agreement. Only those policies and practices directly and expressly revised by this Agreement shall be deemed to be modified by this Agreement.
(b) All matters not addressed specifically and expressly by this Agreement are, and shall continue to be, within the exclusive decision-making authority of the City and shall not be in any way, directly or indirectly, subject to any grievance procedure.
(c) This Agreement may be altered, changed, added to, deleted from, or modified only through the voluntary consent of the City and the Association in a written and signed amendment to this Agreement.
Conclusiveness. This MOU contains all of the covenants, stipulations, and provisions agreed upon by the parties. Therefore, for the life of this MOU, neither party shall be compelled to meet and confer concerning any issue within the scope of representation except as expressly provided herein or by mutual agreement of the parties. No representative of either party has the authority to make, and none of the parties shall be bound by, any statement, representation or agreement reached prior to the execution of this MOU and not set forth herein.
Conclusiveness. Any contract note, confirmation or account statement that is given in writing by Xxxxxx Xxxxxxx will be deemed correct in the absence of manifest error.
Conclusiveness. The judgment of any court of competent jurisdiction or the admission of Tenant in an action against Tenant, whether Landlord is a party thereto or not, that Tenant has so violated any such Law shall be conclusive of such violation as between Landlord and Tenant.
Conclusiveness. 14.1 Unless otherwise specifically provided herein, it is agreed and understood that each party hereto voluntarily waives and relinquishes its right to meet and negotiate on all matters within the scope of representation for the term of this Agreement, unless both parties mutually agree to open an item. The District reserves the right to make and enforce rules and regulations not inconsistent with this Agreement.
Conclusiveness. 59.1. The Union and the County agree that during the negotiations which resulted in this Memorandum of Understanding, each had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation; therefore, during the term of this Agreement, the County and the Union shall not be obligated to meet and confer on any matter within the scope of representation whether or not specifically referred to in this Memorandum of Understanding; whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations; or whether or not the matters were proposed and later withdrawn during negotiations, because this Agreement sets forth the entire understanding of the parties. Except as herein provided, any and all prior or existing Memoranda of Understanding are hereby superseded.
59.2. In the event of a conflict between a specific provision of this Agreement and a written rule, regulation or ordinance of the County of Humboldt or any of its divisions, the terms of this Agreement shall prevail and such conflict shall be resolved in favor of the specific provisions of this Memorandum of Understanding, unless otherwise mutually agreed by the parties.
Conclusiveness.
1. XXXXXX and the County agree that during the negotiations which resulted in this MOU, each had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation; therefore, during the term of this Agreement, the County and MCLEMA shall not be obligated to meet and confer on any matter.
A. Whether or not specifically referred to in this MOU;
B. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations;
X. Xxxxxxx or not the matters were proposed and later withdrawn during negotiations.
2. Notwithstanding the above, the parties agree to meet and confer over revisions to the Civil Service Ordinance and the Civic Service Rules during the term of this Agreement. The parties further agree that the County shall not take action to implement such revisions during the term of this Agreement unless there is mutual consent to do so.
Conclusiveness. Confirmations shall, in the absence of manifest error, be conclusive and binding on us, unless you receive from us objection in writing within three Business Days upon receipt by us
Conclusiveness. 21.01 The signing of this agreement disposes of all issues subject to collective bargaining between the parties at this time for the duration of this Agreement, and this Agreement shall nullify any previous Agreements, either verbal or written, which have existed prior to this Agreement.
