Contractor Rights. 14.01 The Union agrees and acknowledges that the Contractor has exclusive right to manage its business. Without restricting the generality of the foregoing, it is the function of the Contractors:
(a) To conduct and determine the nature of its business in all respects, including the right to manage the jobs, locate, extend, curtail or cease operations, to determine the number of crews required at any or all operations, to assign work to pieceworkers or crew leaders, to judge the qualifications of the workers and to maintain order, discipline and efficiency on the job site;
(b) To engage crew leaders or pieceworkers and to set safety and quality standards to be followed by workers on the job site; to set reasonable rules to be observed by workers on the job site.
14.02 It is agreed that these functions shall not be exercised in a manner inconsistent with this Agreement.
Contractor Rights. The Contractors have the sole and exclusive right and authority to oversee and manage construction operations on Covered Work without any limitations unless expressly limited by a specific provision of this Agreement. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor's rights include, but are not limited to, the right to:
(a) Plan, direct and control operations of all work;
(b) Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements;
(c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations;
(d) Discharge, suspend or discipline their own employees for just cause;
(e) Utilize any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and
(f) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Schedule A(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.
Contractor Rights. Contractor retains all rights, title, and interest in all of Contractor's material and curriculum, including but not limited to copyrights, patents, trade secrets, trademarks, and service marks that were or are created by the Contractor or not associated with the performance of this Contract. NCTCOG and its Participating Entities may not, without written permission from the Contractor reproduce, modify, sell, create derivative works from, or otherwise distribute any written or electronic materials that include Contractor's clearly identifiable proprietary information, for any purpose outside the scope of this Agreement.
Contractor Rights. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor’s rights remain subject to the provisions of the applicable Master Agreement, and include but are not limited to:
14.2.1. Plan, direct and control operations of all work.
14.2.2. Hire, promote, transfer and lay off their own employees as deemed appropriate to satisfy work and/or skill requirements.
14.2.3. Promulgate and require all employees to observe reasonable, posted, and uniformly applicable job rules and security and safety regulations.
14.2.4. Discharge, suspend or discipline their own employees.
14.2.5. Assign overtime, determine when it will be worked and the number and identify of employees engaged in such work, subject to such provisions in the applicable Schedule A’s requiring such assignments be equalized or otherwise made in a non- discriminatory manner.
Contractor Rights. A. The Contractor will copyright-protect the Contractor’s pre-developed software at the onset of this contract in order to document the development status at the time the contract period starts, and will be entitled to such copyright privileges and rights as are conferred by Federal copyright law.
B. The Contractor needs test data to be able to demonstrate Optimizer operability for his commercial marketing purposes. The Government agrees to provide such test data, one time only, that does not reveal specific characteristics or the identification of the tested machine. The Contractor may use this data as often as he likes.
Contractor Rights. Contractor must continue performing all Contract obligations under an accepted Order despite a pending dispute regarding scope, Contract Time, Contract Price, payment, or other issue. Contractor affirms that direct money damages will provide complete compensation for any Company breach and that no Company default, act, or omission would be a material breach entitling Contractor to cancel the Contract or to suspend performance. Contractor waives all remedies, other than direct money damages, to which it might otherwise be entitled due to a Company act or omission. Contractor expressly waives, for itself and anyone claiming through it, a right to consequential, special, indirect, treble, incidental, or punitive damages (including loss of use, profit, income, data, business opportunity, or anticipated savings; damage to business reputation; impairment of bonding capacity; idled equipment costs; or increased overhead, financing, or operating costs) arising from any damage or delay incurred in performing Services, under the Contract, or from any Company act, failure to act, performance, or non-performance, whether or not reasonable, foreseeable, contemplated, or avoidable.
Contractor Rights. The Contractors retain the full and exclusive authority for the management of their operations, as set forth in this Article, unless expressly limited or required by a specific provision of this Agreement or an applicable Master Labor Agreement. The Contractor’s rights include, but are not limited to, the right to:
8.1.1 Plan, direct and control operations of all work;
8.1.2 Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements;
8.1.3 Promulgate and require all employees to observe reasonable job rules and security and safety regulations;
8.1.4 Discharge, suspend or discipline their own employees for just cause;
8.1.5 Utilize, in accordance with College approval, any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, regardless of source of manufacture or construction; assign and schedule work at their discretion; and
8.1.6 Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Master Labor Agreement(s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner.
Contractor Rights.
13.01 The Union agrees and acknowledges that the Contractor has exclusive right to manage its business. Without restricting the generality of the foregoing, it is the function of the Contractors:
(a) To conduct and determine the nature of its business in all respects, including the right to manage the jobs, locate, extend, curtail or cease operations, to determine the number of crews required at any or all operations, to assign work to Pieceworkers or Crew Leaders, and to maintain order, discipline, efficiency on the job site and to judge the qualifications of the Workers.
(b) To engage Crew Leaders or Pieceworkers and to set safety and quality standards to be followed by Workers on the job site; to set reasonable rules to be observed by Workers on the job site.
13.02 It is agreed that these functions shall not be exercised in a manner inconsistent with this Agreement.
Contractor Rights
