District Right. The District and the Design-Builder acknowledge and agree that if the Design- Builder fails to Substantially Complete the Work within the Contract Time, the District will suffer substantial Losses which are both extremely difficult and impracticable to ascertain and on that basis agree, as a reasonable estimate of those Losses and not a penalty, to the payment by Design-Builder of liquidated damages pursuant to this Section 3.4.
District Right. The District reserves the right to remove any bulletin board notice that does not conform to the above standards. The Union will be given immediate notice of any material that is removed, and the District agrees to, if requested by the Union, meet and discuss this removal as soon as it is mutually convenient.
District Right. 16.1 It is understood and agreed that the District retains all of its powers and authority to direct, manage, and control to the full extent of the law. Included in, but not limited to, those duties and powers are the exclusive rights to: determine its organization; direct the work of its employees; determine the times and hours of its operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its educational policies, goals, and objectives; ensure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operations; determine the curriculum; build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, classify, assign, promote, layoff, terminate, and discipline employees; and to determine the effects and impact of any action implementing these rights, insofar as they do not detract nor diminish the specific provisions of this Agreement.
16.2 The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the District, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgement and discretion in connection therewith, shall be limited only by the terms of this Agreement, and then only to the extent such terms are in conformance with law, and shall not be subject to the grievance procedure of this Agreement.
16.3 It is not the intention of the parties in setting forth the above-mentioned rights of the District to detract tor diminish in any way the rights of the Association or of BUE as set forth in this Agreement.
16.4 In the event that any district administrative position becomes vacant during the work year it is mutually understood by both parties that the duties, rights, and privileges of said vacant position reside with the superintendent or his/her designee.
District Right. The district reserves the right to monitor Internet activity at its own discretion.
District Right. The District shall have the right, by providing prior written notice to Tenant, (the “Termination Notice”) to terminate Tenant’s Extension Option(s) for any reason (in its sole and absolute discretion), which Termination Notice shall be delivered to Tenant no less than two years prior to the then-current expiration of the Term (the “Notice Deadline”), and no more than 180 days prior to the Notice Deadline. Upon delivery of the Termination Notice, Tenant’s Extension Option shall expire and be deemed void and of no further effect, and this Lease shall thereafter terminate without further notice on the Expiration Date (if the Termination Notice is delivered within 180 days prior to the third Commencement Date Anniversary) or on the expiration of the first Option Period (if the Termination Notice is delivered within 180 days prior to the eighth Commencement Date Anniversary). Thereafter, the Parties shall have no further obligations to each other except only those obligations that accrued prior to such termination and those obligations that expressly survive the termination of this Lease. By way of example only, if the District provides a Termination Notice to Tenant on June 30, 2025 (which is 90 days prior to the third Commencement Date Anniversary), then the Lease shall terminate on the Expiration Date and Tenant shall have no right to exercise its Extension Options.
