Common use of Conclusiveness Clause in Contracts

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 Whether or not the matters were proposed and later withdrawn during negotiations.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 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 SEIU and the City in a written and signed amendment to this agreement. B. . The HPOA City and the City SEIU 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 SEIU shall be obligated to meet and confer on any matter: 1. I. Whether or not specifically referred to in this MOU; 2II. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations; 3III. Whether or not the matters were proposed and later withdrawn during negotiations. C. IV. Except that: In order to meet an emergent situation 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 SEIU of its intention to so do. If the HPOA SEIU does not respond within ten (10) calendar days from the date of mailing of such notification the City shall assume that the HPOA SEIU 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 SEIU will be offered the opportunity to meet and confer as soon as practicable.

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 XXXX and the City in a written and signed amendment to this agreement. B. . The HPOA City and the City XXXX 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 XXXX shall be obligated to meet and confer on any matter: 1. A. Whether or not specifically referred to in this MOU; 2. B. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations; 3. Whether X. Xxxxxxx or not the matters were proposed and later withdrawn during negotiations. C. D. 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 XXXX of its intention to so do. If the HPOA XXXX 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.ten