CONTRACTING PROVISIONS Sample Clauses

CONTRACTING PROVISIONS. The parties agree that there will be no contracting out of bargaining unit work which directly results in the layoff of permanent bargaining unit employees. This clause expires midnight September 30, 2021 and will be of no further force or effect thereafter unless specifically agreed to in writing. This clause shall not be interpreted or applied as a limitation upon the City's right to sell, lease or license all or a substantial portion of the Public Utility Department's operations; in such event the City, upon request, will meet and confer over the impact of such sale, lease or licensing with regard to such matters as severance pay, retraining, outplacement, job counseling, etc. The City will provide the Union with contracting reports (public documents) provided to the Utility Board and with copies of RFPs issued by the City to solicit bids for water or electric work. The parties also agree to meet regularly to discuss and share information regarding contracted out work during the term of the successor MOU.
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CONTRACTING PROVISIONS. ‌ A. The City will provide the Union at least sixty (60) calendar days written notice of its intention to contract out work which is currently being performed by bargaining unit members or which was performed by bargaining unit members as of July 1, 2006. B. Where work is normally done by bargaining unit members, and upon request, City representatives will meet with Union representatives to explain the rationale for the subcontracting or contracting decision. If there are formal studies which were used to determine the feasibility, cost benefit, efficiency or other aspects of the proposal, these reports will be shared with the Union. C. City representatives will consider Union proposals and work with the Union to accomplish the same work at competitive efficiency and cost levels, provided such proposals are submitted in writing no later than forty-five (45) days following the City's notice. If a decision is made to proceed with a subcontracting or contracting decision, the City will meet and confer with the Union the impact(s) of its decision. Whenever possible, if the City decides to proceed with a subcontracting or contracting decision, any bargaining unit employee who would otherwise be laid off, displaced, or demoted as a result of the contracting out of bargaining unit work will be transferred to another position within the City represented by XXXX. D. The parties will create a joint committee of City representatives and four (4) Union representatives within sixty (60) days of agreement to formulate policies for Union bidding on proposals. Union representatives will be provided release time by management to do committee related work. In order to test the policies, the City and Union will create an experimental model based on the City's Park Maintenance contracts. E. This clause does not apply to work being contracted as of July 1, 2006. This clause shall not operate to delay the City's implementation of its contracting decision.
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CONTRACTING PROVISIONS. 6.1 The U.S. DoD will be primarily responsible for Contracting for this Project in accordance with U.S. Contracting laws, regulations and procedures. However, the JSF PEO may request that a Participant other than the U.S. DoD issue Contracts for the Project in accordance with that Participant’s national Contracting laws, regulations, and procedures. The JSF PEO will ensure that Contracts issued on behalf of the Participants are in accordance with this MOU. The Contracting Officer for each Contract is the exclusive source for providing contractual direction and instructions to Contractors, and is responsible for ensuring that such directions and instructions are in accordance with the terms and conditions of the Contract. The Contracting Officer will, when it facilitates satisfying the objectives of this MOU, seek waivers of national procurement regulations, procedures, and practices. 6.2 Contracting for the Project will include Contracting for the common, Partially Common, and unique requirements of the Participants for their JSF Air Systems. Each Participant will delineate its national requirements for production, sustainment, and follow-on development of its JSF Air Systems in individual PPRs. To initiate the procurement of JSF Air System articles and services, the Participants will submit PPRs to the JSF Program Office in accordance with procedures proposed by the PEO and approved by the JESB, which will include the timing, format, and acceptance procedures for such requests. PPRs for propulsion systems will be submitted separately from PPRs for other JSF Air System articles and services. The following principles will apply to PPRs: 6.2.1 PPRs may contain technical requirements, statements of work, and Contract terms and conditions that are unique to a Participant. Unique terms and conditions will be consistent with the Contracting Agency’s national laws and (unless a waiver is obtained) regulations. Unique terms and condition requests may include designation of Contractors or subcontractors in order to satisfy the requirements of the Participant submitting the PPR. The costs of a Participant’s unique technical requirements and statements of work (to include associated proposal preparation costs) or a Participant’s unique Contract terms and conditions will be funded by that Participant. 6.2.2 The Participants may designate the F135, the F136, or both in their PPRs in such quantities and in accordance with such delivery schedules as they require. 6.2.2.1...
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CONTRACTING PROVISIONS. 6.1. The U.S. DoD will be primarily responsible for Contracting for this Project in accordance with U.S. Contracting laws, regulations, and procedures. However, the CTD may request that a Participant other than the U.S. DoD enter into Contracts for the Project in accordance with that Participant’s national Contracting laws, regulations, and procedures. The Contracting Officer for each Contract is the exclusive source for providing contractual direction and instructions to Contractors. The Contracting Officer will, when it facilitates satisfying the objectives of this F-35 IOT&E MOU, seek waivers of national procurement regulations, procedures, and practices. 6.2. The CTD will be responsible for the coordination of F-35 IOT&E Activities, and will cooperate with the Contracting Officer in the areas of Contract procedures, Contract negotiation, evaluation of offers, and Contract award. The CTD will review statements of work prior to the development of solicitations to ensure that they are in accordance with this F- 35 IOT&E MOU. In addition, the Contracting Officer will keep the CTD advised of all financial arrangements with the prime Contractor. 6.3. Contracting Officers will negotiate to obtain the rights to use and disclose Project Information required by Section VIII (Disclosure and Use of Project Information). During the Contracting process, the Contracting Officer will advise Prospective Contractors of their responsibility to notify the Contracting Agency immediately, before Contract award, if they are subject to any license or agreement that will restrict their freedom to disclose Information or permit its use. The Contracting Officer will also advise Prospective Contractors to employ their best efforts not to enter into any new agreement or arrangement that will result in restrictions. 6.4. In the event the Contracting Officer is unable to secure adequate rights to use and disclose Project Information as required by Section VIII (Disclosure and Use of Project Information), or is notified by Contractors or Prospective Contractors of any restrictions on the disclosure and use of Information, the matter will be referred to the F-35 IOT&E EC for resolution. 6.5. Each Participant’s Contracting Agency will insert into Prospective Contracts (and require its Contractors to insert in subcontracts) provisions to satisfy the requirements of this F- 35 IOT&E MOU, including Section VIII (Disclosure and Use of Project Information), Section IX (Controlled Unclassifi...
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CONTRACTING PROVISIONS. 6.1. If either Party determines that contracting is necessary to fulfill that Party's obligations under Article III (Scope of Work) of this MOU, that Party shall contract in accordance with its respective national laws, regulations and procedures. Sources from both Parties' industries shall be allowed to compete on an equal basis for such Contracts. 6.2. When one Party individually contracts to perform a task under this MOU, it shall be solely responsible for its own contracting and the other Party shall not be subject to any liability arising from such Contracts. 6.3. For all contracting activities performed by either Party, the PMs shall, upon request, be provided a copy of all statements of work prior to the development of solicitations. 6.4. Each Party's Contracting Agency shall negotiate to obtain the rights to use and disclose Project Information required by Article IX (
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CONTRACTING PROVISIONS. 7.1. If a PA Participant determines that Contracting is necessary to fulfill that PA Participant’s responsibilities under the scope of work of a PA, then that PA Participant will contract in accordance with its respective national laws, regulations, and procedures. 7.2. When one PA Participant individually contracts to carry out a task under a PA under this ICE-PPR MOU, it will be solely responsible for its own Contracting, and the other PA Participants will not be subject to any liability arising from such Contracts without their prior written consent. 7.3. For all Contracting activities performed by one PA Participant on behalf of one or more of the PA Participants, the POs will, upon request, be provided a copy of all statements of work prior to the issuance of solicitations to ensure that they are consistent with the provisions of this ICE-PPR MOU and the applicable PA. The Contracting Officer will keep the POs advised of all significant developments associated with award and performance of Project Contracts awarded for one or more of the PA Participants, and will keep the POs advised of all financial arrangements with the prime Contractor. 7.4. The POs may make use of a PA Participant’s Contracting Agency in the event that Contracting on behalf of one or more of the PA Participants is required to implement the PA. The Contracting Agency so used will place Contracts in accordance with its respective national laws, regulations, and procedures with such waivers and deviations from those regulations and procedures as its procedures permit and as deemed necessary to implement the PA. The Contracting PA Participant’s Contracting Officer will be the exclusive source for providing contractual direction and instructions to the Contractors for Contracts awarded by that Participant. 7.5. For all Contracting activities performed by the PA Participants, each PA Participant’s Contracting Agency will insert into its prospective Contracts (and require its Contractors to insert in subcontracts) suitable provisions to satisfy the requirements of this ICE-PPR MOU, including Section IX (Disclosure and Use of Information), Section X (Controlled Unclassified Information), Section XII (Security), Section XIII (Third Party Sales and Transfers), and Section XX (Amendment, Termination, Withdrawal, Entry Into Effect, and Duration) of this ICE-PPR MOU, and including export control provisions in accordance with this ICE-PPR MOU, in particular paragraphs 7.6. and 7.7. of this Sect...
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CONTRACTING PROVISIONS. During the life of this Memorandum of Understanding, the City will not privatize its current refuse collection routes so as to displace or reduce the total number of regular staff. Should there be circumstances beyond the control of the City or SEIU Local 721, which may potentially impact rate structure, the parties shall meet to discuss the City’s plan to address this.
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CONTRACTING PROVISIONS. ‌ 6.1. If either Party determines that Contracting is necessary to fulfill that Party’s obligations under the scope of work of a PA, that Party shall contract in accordance with its respective national laws, regulations, and procedures. 6.2. When one Party individually contracts to carry out a task under a PA under this RDT&E Agreement, it shall be solely responsible for its own Contracting, and the other Party shall not be subject to any liability arising from such Contracts without its prior consent. 6.3. For all Contracting activities performed by either Party for the benefit of the other Party or both Parties, the POs shall, upon request, be provided a copy of all statements of work prior to the issuance of solicitations to ensure that they are consistent with the provisions of this Agreement and the applicable PA. The Contracting Officer shall keep the POs advised of all significant developments associated with award and performance of Project Contracts awarded for the other Party or both Parties, and shall keep the POs advised of all financial arrangements with the prime Contractor. 6.4. The POs may make use of a Party's Contracting Agency in the event that Contracting on behalf of the other Party or both Parties is required to implement a PA. The Contracting Agency so used shall place Contracts in accordance with its respective national laws, regulations, and procedures with such waivers and deviations from those regulations and procedures as its procedures permit and as deemed necessary to implement the PA. The Contracting Party's Contracting Officer shall be the exclusive source for providing contractual direction and instructions to the Contractors for Contracts awarded by that Party. 6.5. For all Contracting activities performed by either Party, each Party’s Contracting Agency shall insert into its prospective Contracts (and require its Contractors to insert in subcontracts) suitable conditions to satisfy the requirements of this RDT&E Agreement, including Article VIII (Disclosure and Use of Information), Article IX (Controlled Unclassified Information), Article XI (Security), Article XII (Third Party Sales and Transfers), and Article XVII (Amendment, Termination, Entry Into Force, and Duration), and including export control provisions in accordance with this RDT&E Agreement, in particular paragraphs 6.6. and 6.7. of this Article. Each Party’s Contracting Officer shall negotiate to obtain the rights to use and disclose Project Information requir...
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Related to CONTRACTING PROVISIONS

  • Governing Provisions This Agreement is made under and subject to the provisions of the Plan, and all of the provisions of the Plan are also provisions of this Agreement. If there is a difference or conflict between the provisions of this Agreement and the provisions of the Plan, the provisions of the Plan will govern. By signing this Agreement, the Grantee confirms that he or she has received a copy of the Plan.

  • Overriding Provisions (a) Any Transfer or attempted Transfer of any Units in violation of this Agreement (including any prohibited indirect Transfers) shall be, to the fullest extent permitted by applicable law, null and void ab initio, and the provisions of Sections 10.05 and 10.06 shall not apply to any such Transfers. For the avoidance of doubt, any Person to whom a Transfer is made or attempted in violation of this Agreement shall not become a Member and shall not have any other rights in or with respect to any rights of a Member of the Company with respect to the applicable Units. The approval of any Transfer in any one or more instances shall not limit or waive the requirement for such approval in any other or future instance. The Manager shall promptly amend the Schedule of Members to reflect any Permitted Transfer pursuant to this Article X. (b) Notwithstanding anything contained herein to the contrary (including, for the avoidance of doubt, the provisions of Section 10.01 and Article XI and Article XII), in no event shall any Member Transfer any Units to the extent such Transfer would: (i) result in the violation of the Securities Act, or any other applicable federal, state or foreign Laws; (ii) cause an assignment under the Investment Company Act; (iii) in the reasonable determination of the Manager, be a violation of or a default (or an event that, with notice or the lapse of time or both, would constitute a default) under, or result in an acceleration of any obligation under any Credit Agreement to which the Company or the Manager is a party; provided that the payee or creditor to whom the Company or the Manager owes such obligation is not an Affiliate of the Company or the Manager; (iv) be a Transfer to a Person who is not legally competent or who has not achieved his or her majority of age under applicable Law (excluding trusts for the benefit of minors); (v) reasonably be expected to create a material risk that the Company could be treated as a “publicly traded partnership” or could be taxed as a corporation pursuant to Section 7704 of the Code or any successor provision thereto under the Code (as determined in the sole discretion of the Manager); or (vi) reasonably be expected to create a material risk that the Company would have more than one hundred (100) partners, within the meaning of Treasury Regulations Section 1.7704-1(h)(1) (determined pursuant to the rules of Treasury Regulations Section 1.7704-1(h)(3)) (as determined in the sole discretion of the Manager); provided, for the avoidance of doubt, that in determining whether a Transfer creates a material risk that the Company would have more than one hundred (100) partners, the Manager may assume in its sole discretion the admission of any number of future additional Members. (c) Notwithstanding anything contained herein to the contrary, in no event shall any Member that is not a “United States person” within the meaning of Section 7701(a)(30) of the Code Transfer any Units, unless such Member and the transferee have delivered to the Company, in respect of the relevant Transfer, written evidence that all required withholding under Section 1446(f) of the Code will have been done and duly remitted to the applicable taxing authority or duly executed certifications (prepared in accordance with the applicable Treasury Regulations or other authorities) of an exemption from such withholding. (d) Without limiting any of the foregoing, and notwithstanding any other provision of this Agreement to the contrary, no Member shall Transfer any Units during the 2021 taxable year of the Company unless such Transfer either (x) qualifies as a “block transfer” under Treasury Regulations Section 1.7704-1(e)(2), or (y) is disregarded pursuant to Treasury Regulations Sections 1.7704-1(e)(1)(ii). (e) For the avoidance of doubt, in the event that a Member (or such Member’s estate) attempts to Transfer any Units in connection with the death, disability, incapacity, dissolution, bankruptcy, insolvency or termination of such Member, such Transfer shall, to the extent it is in violation of this Agreement (unless otherwise waived by the Manager), be void ab initio and the provisions of Sections 10.05 and 10.06 shall not apply to any such Transfers, such that such Member (or such Member’s estate) remains the owner of the applicable Units. (f) In the event that, notwithstanding this Section 10.07 or any other provision in this Agreement, a Transfer is required pursuant to applicable Law, immediately prior to such Transfer, the Units subject to such Transfer shall be redeemed in accordance with the provisions of Section 11.01 and Section 11.05, as applicable, such that in no event shall the transferee in respect of such Transfer become a Member of the Company at any time.

  • Scheduling Provisions The scheduling and premium provisions relating to consecutive weekends off in Article 16 do not apply to employees who accept positions under this provision.

  • Voting Provisions As a condition precedent to entering into this Agreement, at the request of the Company, Purchaser shall become a party to any voting agreement to which the Company is a party at the time of Purchaser’s execution and delivery of this Agreement, as such voting agreement may be thereafter amended from time to time (the “Voting Agreement”), by executing an adoption agreement or counterpart signature page agreeing to be bound by and subject to the terms of the Voting Agreement and to vote the Shares in the capacity of a “Common Holder” and a “Stockholder,” as such terms may be defined in the Voting Agreement.

  • Remaining Provisions Except as expressly modified by this Amendment, the Employment Agreement shall remain in full force and effect. This Amendment embodies the entire agreement and understanding of the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, oral or written, relative thereto.

  • of the Technical Provisions The Project Schedule shall be used by the Parties for planning and monitoring the progress of the Work and as the basis for determining the amount of monthly progress payments to be made to DB Contractor.

  • Concluding provisions Section 7.1 - Entire Agreement. All prior understandings, letters of intent, and agreements between the parties are merged in and superseded by this Agreement (including all Exhibits hereto).

  • Final Provisions Clause 16

  • Controlling Provisions In the event of any inconsistencies between the provisions of this Amendment and the provisions of any other Loan Document, the provisions of this Amendment shall govern and prevail. Except as expressly modified by this Amendment, the Loan Documents shall not be modified and shall remain in full force and effect.

  • Conflicting Provisions This Section shall supersede any provisions in Section 2.13 or 10.01 to the contrary.

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