DEEMED FAIRNESS PROVISION Sample Clauses

DEEMED FAIRNESS PROVISION. 4.01 In administrating this Agreement, the Employer and the Union shall act reasonably, fairly, in good faith, and in a manner consistent with the Agreement as a whole.
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DEEMED FAIRNESS PROVISION. In administering this Agreement including administering discipline, the City shall act reasonably, fairly, in good faith, and in a manner consistent with the Agreement as a whole and consistent with any other relevant legislation.
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DEEMED FAIRNESS PROVISION. 9 UP 6 – Article 5 - No Strikes or Lock-Outs 10 UP- 7 Article 6 - DEFINITIONS 11 UP 8 – Article 7 - CONTRACTING OUT 13 UP 9 – Article 8 - Reports 14 UP 10 – Article 9 - BULLETIN BOARDS 15 UP 11 – Article 10 - NO HARASSMENT or Discrimination 16 UP 12 – Article 11 Dignity, Respect and Employee Rights 18 UP – 13 – Article 12 - Joint Advisory Committee 19 UP – 14 – Article 13 - OCCUPATIONAL HEALTH AND SAFETY 20 UP 15 – Article 14 - No Violence or Abuse 22 UP 16 – Article 15 - Workers Compensation 23 UP 17 – Article 16 – No Working Short 24 UP 18 – Article 17 – Investigation and Assessment 25 UP 19 – Article 18 - Fresh Start 26 UP 20 – Article 19 - UNION SECURITY 27 UP 21 – Article 20 - Grievance Procedure 31 UP 22 – Article 21 - Arbitrator 33 UP 23 – Article 22 - TRAINING 34 UP 24 – Article 23 – Union Orientation 35 UP 25 – Article 24 - PROBATIONARY PERIOD 36 UP 26 – Article 25 SENIORITY 37 UP 27 – Article 26 - JOB POSTINGS 38 UP 28 – Article 27 General Holidays 40 UP – 29 – Article 28 - Leave of Absence 41 UP 30 – Article29 - VACATION 47 UP 31 – Article 30 POSTING OF WORK SCHEDULES ARTICLE 49 UP 32 - Article 31 - TIME RECORDING 50 UP 33 – Article 32 - MEAL AND REST PERIODS 51 UP 34 – Article 33 - HOURS OF WORK 52 UP 35 – Article 34 - OVERTIME 53 UP 36 Article 35 - Out of home area assignments 54 UP 37 – Article 36 - Sleep night Shift 55 UP 38 – Article 37 - Reporting Pay/Call-in Pay 56 UP 39 – Article 38 - Adverse Weather Policy 57 UP 40 - Article 39 - Pay and Proper Pay 58 UP 41 – Article 40 - Out of home area assignments 59 UP 42 – Article 41 - Checks for hire reimbursed 60 UP 43 – Article 42 - Vehicle Allowance 61
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Related to DEEMED FAIRNESS PROVISION

  • Inapplicable Provisions If any term, condition or covenant of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, this Agreement shall be construed without such provision.

  • Severance of Invalid Provisions If and for so long as any provision of this Agreement shall be deemed to be judged invalid for any reason whatsoever, such invalidity shall not affect the validity or operation of any other provision of this Agreement except only so far as shall be necessary to give effect to the construction of such invalidity, and any such invalid provision shall be deemed severed from this Agreement without affecting the validity of the balance of this Agreement.

  • No Waiver of Subordination Provisions No right of any present or future holder of any Senior Indebtedness to enforce subordination as herein provided shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or by any act or failure to act, in good faith, by any such holder, or by any noncompliance by the Company with the terms, provisions and covenants of this Indenture, regardless of any knowledge thereof any such holder may have or be otherwise charged with. Without in any way limiting the generality of the foregoing paragraph, the holders of Senior Indebtedness may, at any time and from time to time, without the consent of, or notice to, the Trustee or the Holders of the Securities, without incurring responsibility to the Holders of the Securities and without impairing or releasing the subordination provided in this Article XII or the obligations hereunder of the Holders of the Securities to the holders of Senior Indebtedness, do any one or more of the following: (i) change the manner, place or terms of payment or extend the time of payment of, or renew or alter, Senior Indebtedness, or otherwise amend or supplement in any manner Senior Indebtedness or any instrument evidencing the same or any agreement under which Senior Indebtedness is outstanding; (ii) sell, exchange, release or otherwise dispose of any property pledged, mortgaged or otherwise securing Senior Indebtedness; (iii) release any person liable in any manner for the collection of Senior Indebtedness and (iv) exercise or refrain from exercising any rights against the Company or any other person.

  • Anti-Takeover Provisions The Company is not party to a shareholder rights agreement, “poison pill” or similar agreement or plan. The Company Board has taken all necessary action so that any takeover, anti-takeover, moratorium, “fair price”, “control share” or other similar Laws enacted under any Laws applicable to the Company (each, a “Takeover Statute”) does not, and will not, apply to this Agreement or the Transactions other than the CICL.

  • Inapplicability of Tariff Liability Any general liability, as described in a Party’s local exchange or other Tariffs, does not extend to the other Party, the other Party’s End User(s), suppliers, agents, employees, or any other third parties. Liability of one Party to the other Party resulting from any and all causes arising out of services, facilities, UNEs or any other items relating to this Agreement shall be governed by the liability provisions contained in this Agreement and no other liability whatsoever shall attach to CenturyLink. CenturyLink shall not be liable for any loss, claims, liability or damages asserted by CLEC, CLEC’s End User(s), suppliers, agents, employees, or any other third parties where CLEC combines or Commingles such components with those components provided by CenturyLink to CLEC,

  • Severability; Entire Agreement In case any provision in this Indenture shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability. This Indenture and the exhibits hereto set forth the entire agreement and understanding of the parties related to this transaction and supersedes all prior agreements and understandings, written or oral.

  • Modification to Article IV, Section 7 of the DPA Article IV, Section 7 of the DPA (Advertising Limitations) is amended by deleting the stricken text as follows: Provider is prohibited from using, disclosing, or selling Student Data to (a) inform, influence, or enable Targeted Advertising; or (b) develop a profile of a student, family member/guardian or group, for any purpose other than providing the Service to LEA. This section does not prohibit Provider from using Student Data (i) for adaptive learning or customized student learning (including generating personalized learning recommendations); or (ii) to make product recommendations to teachers or LEA employees; or (iii) to notify account holders about new education product updates, features, or services or from otherwise using Student Data as permitted in this DPA and its accompanying exhibits.

  • Invalidity of Subordination Provisions The subordination provisions of any agreement or instrument governing any Subordinated Indebtedness shall for any reason be revoked or invalidated, or otherwise cease to be in full force and effect, or any Person shall contest in any manner the validity or enforceability thereof or deny that it has any further liability or obligation thereunder, or the Obligations, for any reason shall not have the priority contemplated by this Agreement or such subordination provisions.

  • INTEGRATION / SEVERABILITY This Contract and its exhibits and addenda, if any, constitute the entire Contract among the Parties with respect to the subject matter hereof and supersede all prior proposals, negotiations, conversations, discussions and Contracts among the Parties concerning the subject matter hereof. No amendment or modification of any provision of this Contract shall be effective unless the same shall be in writing and signed by both Parties. The District shall not be bound by any terms and conditions included in of Contractor’s packaging, service catalog, brochure, technical data sheet or other document which attempts to impose any conditions at variance with or in addition to the terms and conditions contained herein. If any term or provision of this Contract should be declared invalid by a court of competent jurisdiction or by operation of law, the remaining terms and provisions of this Contract shall be interpreted as if such invalid Contracts or covenants were not contained herein.

  • Governing Law; Invalidity This Agreement shall be governed by Wisconsin law, excluding the laws on conflicts of laws. To the extent that the applicable laws of the State of Wisconsin, or any of the provisions herein, conflict with the applicable provisions of the 1940 Act, the latter shall control, and nothing herein shall be construed in a manner inconsistent with the 1940 Act or any rule or order of the Commission thereunder. Any provision of this Agreement which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such case, the parties shall in good faith modify or substitute such provision consistent with the original intent of the parties.

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