District Rights Clause Sample Clauses

District Rights Clause. Except as expressly limited by this Agreement, the Board is the ultimate determiner of policy and retains jurisdiction and authority over all facets of District operations and programs as well as all rights and authority vested in it by law. Without limiting the generality of the foregoing, it is agreed that the Board reserves the following rights, subject only to the express terms of this Agreement: A. To the executive management and administrative control of the school system, its properties and facilities, and the employment activities of its employees; B. To hire all employees and, subject to the provisions of the law and the terms and conditions of this Agreement, to determine their qualifications and the conditions for their continued employment, dismissal or demotion, and to promote and transfer all such employees; C. To determine work schedules, the number of workdays, the hours of work, the duties, responsibilities, assignments, and location of employees with respect thereto, subject to the provisions of the law and to the terms and conditions of this Agreement; D. To determine the location of schools and other facilities of the school system, including the right to establish new facilities and to relocate or close facilities; E. To determine the financial policies of the District, including the general accounting procedures, inventory of supplies and equipment procedures, and public relations; F. To enforce the rules and regulations now in effect and to establish new rules and regulations from time to time not in conflict with this Agreement; G. To the creation, combination, modification or elimination of any position deemed advisable by the Board; H. To determine standards of performance and specific and general responsibilities, and performance objectives as reflected in the District job descriptions which will be revised and updated, as needed, by a committee of three (3) Association representatives, and three (3) District representatives. The District will use these standards to evaluate each individual employee’s compliance, achievement, and fulfillment of such. Each side shall appoint its three (3) representatives. The foregoing enumerations of the functions of the Board shall not be considered to exclude other functions of the Board not specifically set forth; the Board retaining all functions and rights to act. The exercise of the foregoing powers, rights, authority, duties and responsibilities of the Board, and the adoption of policies, ...
Sample 1
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District Rights Clause. 1. Except as expressly limited by the specific provisions of this Agreement, the Board is the ultimate determiner of policy and retains to itself jurisdiction and authority over all facets of District operations and programs, as well as all rights and authority vested in it by law. 2. Without limiting the generality of the foregoing, it is agreed that the Board reserves the following rights, subject only to the express terms of this Agreement: a. To the executive management and administrative control of the school system, its properties and facilities, and the employment activities of its employees; b. To hire all employees and, subject to the provisions of the law, to determine their qualifications and the conditions for their continued employment, their dismissal or demotion, and to promote and transfer all such employees; c. To establish grades and course of instruction, including special programs, and to provide for athletic, recreational, and social events for students; d. To establish and enforce policies pertaining to the means and methods of instruction and the use of teaching aids, to select textbooks, and set policies and procedures by which textbooks are selected; e. To determine class schedules, the hours of instruction, the duties, responsibilities, and assignments of teachers and other employees with respect thereto, and nonteaching activities and the terms and conditions of employment; f. The right to determine the location of schools and other facilities of the school system, including the right to establish new facilities and to relocate or close facilities; g. The determination of the financial policies of the District, including the general accounting procedures, inventory of supplies and equipment procedures, and public relations; h. The right to enforce the rules and regulations now in effect and to establish new rules and regulations from time to time not in conflict with this Agreement; i. The creation, combination, modification, or elimination of any teaching position deemed advisable by the Board; j. The right to establish and revise the school calendar; k. The right to evaluate the quality of the education produced in students by a teacher or teachers and to conduct such tests or employ such other means for such evaluation as the Board desires. 3. Nothing in this Agreement shall limit in any way the District’s right to contract or subcontract out bargaining unit work, or shall require the District to continue in existence any of i...
Sample 1

Related to District Rights Clause

  • DISTRICT RIGHTS 4.1 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 right to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the kinds and levels of service to be provided, and the methods and means of providing them; establish its educational policies, goals and objectives; insure the rights and educational opportunities of students; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency of District operation; determine the curriculum; build, move or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue; contract out work as legally allowed under the Education and Government Codes; and take action on any matter in the event of an emergency. In addition, the District retains the right to hire, assign, evaluate, promote, layoff, terminate and discipline employees. 4.2 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 judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this Agreement, and then only to the extent such specific and express terms are in conformance with law. 4.3 The District retains its right to amend, modify or suspend policies and practices covered in this Agreement in emergency circumstances. Examples of emergency circumstances are physical catastrophe and acts of nature. Such changes, if any, will remain in effect only for the duration of the emergency. All grievance time lines expressly set forth in the Agreement will be held in abeyance while the contract is suspended. 4.4 The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's right or preclude the District from exercising their rights. 4.5 Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the District is not subject to the grievance provisions set forth in this Agreement unless such dispute is otherwise grievable under another Article of the Agreement.

  • SCHOOL DISTRICT RIGHTS Section 1. Inherent Managerial Rights 2 Section 2. Management Responsibilities 2 Section 3. Effect of Laws, Rules and Regulations 2 Section 4. Reservation of Managerial Rights 2

  • Contract Rights Not Exclusive The rights to payment of Indemnifiable Amounts and advancement of Indemnifiable Expenses provided by this Agreement shall be in addition to, but not exclusive of, any other rights which Indemnitee may have at any time under applicable law, the Company’s Certificate of Incorporation or By-laws, or any other agreement, vote of stockholders or directors (or a committee of directors), or otherwise, both as to action in Indemnitee’s official capacity and as to action in any other capacity as a result of Indemnitee’s serving as a director or officer of the Company.

  • GRANTING CLAUSE The Issuer hereby Grants to the Indenture Trustee at the Closing Date, as Indenture Trustee for the benefit of the Holders of the Notes, all of the Issuer’s right, title and interest in and to, whether now owned or hereafter acquired, now existing or hereafter arising and wherever located (a) the Receivables listed on Schedule A and all moneys received thereon on or after the Cutoff Date; (b) the security interests in the Financed Vehicles and any accessions thereto granted by Obligors pursuant to the Receivables and any other interest of the Depositor in such Financed Vehicles; (c) any Liquidation Proceeds and any other proceeds from claims on any physical damage, credit, life or disability insurance policies covering Financed Vehicles or the related Obligors, including any vendor’s single interest or other collateral protection insurance policy; (d) any property that shall have secured a Receivable and that shall have been acquired by or on behalf of the Depositor, the Servicer, or the Issuer; (e) all documents and other items contained in the Receivable Files; (f) the Sale and Servicing Agreement including all of the Depositor’s rights, but none of its obligations, under the Receivables Purchase Agreement assigned to the Issuer pursuant to the Sale and Servicing Agreement; (g) all right, title and interest in the Trust Accounts, all funds, securities or other assets credited from time to time to the Trust Accounts and all investments therein and proceeds thereof (including all Investment Earnings thereon); (h) any proceeds from any Receivable repurchased by a Dealer pursuant to a Dealer Agreement; and (i) all present and future claims, demands, causes of action and choses in action in respect of any or all of the foregoing and all payments on or under and all proceeds of every kind and nature whatsoever in respect of any or all of the foregoing, including all proceeds of the conversion thereof, voluntary or involuntary, into cash or other liquid property, all cash proceeds, accounts, accounts receivable, notes, drafts, acceptances, chattel paper, checks, deposit accounts, insurance proceeds, condemnation awards, rights to payment of any and every kind and other forms of obligations and receivables, instruments and other property that at any time constitute all or part of or are included in the proceeds of any of the foregoing (collectively, the “Collateral”). The foregoing Grant is made in trust to secure (i) the payment of principal of and interest on, and any other amounts owing in respect of, the Notes, equally and ratably without prejudice, priority or distinction, and (ii) to secure compliance with the provisions of this Indenture, all as provided in this Indenture. The Indenture Trustee, on behalf of the Holders of the Notes, acknowledges such Grant, accepts the trusts under this Indenture in accordance with the provisions of this Indenture and agrees to perform its duties required in this Indenture to the best of its ability to the end that the interests of the Holders of the Notes may be adequately and effectively protected.

  • Saving Clause If any provision(s) of this Agreement shall be determined to be illegal or unenforceable, such determination shall in no manner affect the legality or enforceability of any other provision hereof.

  • Franchises, Patents, Copyrights, Etc Each of the Borrower and its Subsidiaries possesses all franchises, patents, copyrights, trademarks, trade names, licenses and permits, and rights in respect of the foregoing, adequate for the conduct of its business substantially as now conducted without known conflict with any rights of others.

  • District Approval The work completed herein must meet the approval of the District and shall be subject to the District’s general right of inspection and supervision to secure the satisfactory completion thereof.

  • Patents, Copyrights, etc The Company and each of its Subsidiaries owns or possesses the requisite licenses or rights to use all patents, patent applications, patent rights, inventions, know-how, trade secrets, trademarks, trademark applications, service marks, service names, trade names and copyrights (“Intellectual Property”) necessary to enable it to conduct its business as now operated (and, as presently contemplated to be operated in the future); there is no claim or action by any person pertaining to, or proceeding pending, or to the Company’s knowledge threatened, which challenges the right of the Company or of a Subsidiary with respect to any Intellectual Property necessary to enable it to conduct its business as now operated (and, as presently contemplated to be operated in the future); to the best of the Company’s knowledge, the Company’s or its Subsidiaries’ current and intended products, services and processes do not infringe on any Intellectual Property or other rights held by any person; and the Company is unaware of any facts or circumstances which might give rise to any of the foregoing. The Company and each of its Subsidiaries have taken reasonable security measures to protect the secrecy, confidentiality and value of their Intellectual Property.

  • Sunset Clause The provisions of this Section expires automatically on the expiration date of this Agreement.

  • Other Patents and Copyrights 15 5.7 Remedies ................................................... 16

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