District’s Rights. The District reserves the right to cancel this Agreement, when it is determined by the District that the facilities are needed for school purposes.
District’s Rights. Section 1: The Board, on its own behalf and on behalf of the electors of the school district, hereby retains and reserves unto itself without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by all applicable State and Federal laws as well as the terms and conditions of this Agreement. Such rights, duties, etc., shall include, by way of illustration and not by way of limitation, the right to:
1. Determine financial policies, manage and control its business, its equipment and its operations and to direct the working force and affairs of the entire school system.
2. Continue its rights, policies, and practices of assignment and direction of its personnel, determine the number of personnel, and schedule all the foregoing.
3. Direct the working forces, including the right to establish and/or eliminate positions, to hire, evaluate, promote, suspend, and discharge employees, transfer employees, assign work or duties to employees, determine the size of the work force and to lay off employees.
4. Determine the services, supplies, and equipment necessary to continue its operation and to determine all methods and means of distributing the above and establishing standards of operation, the means, methods and processes of carrying on the work including automation or subcontracting thereof or changes therein.
5. The Board shall continue to have the exclusive right to establish, modify, or change any condition except those covered by provisions of this Master Agreement. In meeting such responsibilities, the Board acts through its administrative staff. Such responsibilities include, without being limited to, the establishment of education policies, the construction, acquisition and maintenance of school buildings and equipment, the evaluation, discipline, promotion and termination of employees; and the establishment and revision of rules and regulations governing and pertaining to work and conduct of its employees. The Board and administrative staff shall be free to exercise all of its managerial rights and authority not specifically relinquished to the Association by this Agreement.
District’s Rights. 4.1 District retains, solely and exclusively, all the rights, powers, and authority exercised or held prior to the execution of this Agreement, except as expressly limited by a specific provision of this Agreement. Without limiting the generality of the foregoing, the rights, powers and authority retained solely and exclusively by the District and not abridged herein include, but are not limited to, the following: to manage and direct its business and personnel; to manage, control and determine the mission of its departments, building facilities and operations; to create, change, combine or abolish jobs, departments and facilities in whole or in part; to sub-contract or discontinue work for economic or operational reasons; to direct the work force; to increase or decrease the work force and determine the number of employees needed; to hire, transfer, promote and maintain the discipline and efficiency of its employees; to establish work standards, schedules of operation and reasonable work load; to specify or assign work requirements and require overtime; to schedule working hours and shifts; to determine the type and scope of work to be performed and the services to be provided; to determine the methods, processes, means and places of providing services, and to take whatever action necessary to prepare for or operate in an emergency.
4.2 Except as expressly limited by a specific provision of this Agreement or preemptive statutory law, nothing in this Article shall be construed to limit, amend, decrease, revoke or otherwise modify the rights vested in the District by a law regulating, authorizing or empowering the District to act or refrain from acting. Likewise, nothing in this Article shall be construed to limit, amend, decrease, revoke or otherwise modify the rights of any employee or the CSEA as such rights are embodied in the Education Code and Government Code of the State of California.
District’s Rights. It is further understood and agreed by Licensee that District's rights to Premises are paramount to this License. Licensee shall in no way interfere with District's right to use, access or possess the Premises.
District’s Rights. If Tenant (or any contractor or subcontractor, as applicable) does not cause to be recorded the bond described in California Civil Code section 8000 et seq. or otherwise protect the Premises and Improvements under any alternative or successor statute, and a final judgment has been rendered against Tenant by a court of competent jurisdiction for the foreclosure of a mechanic’s, materialman’s, contractor’s or subcontractor’s lien claim, and if Xxxxxx fails to stay the execution of judgment by lawful means or to pay the judgment, District shall have the right, but not the duty to pay or otherwise discharge, stay or prevent the execution of any such judgment or lien or both. Upon any such payment by District, Tenant shall immediately upon receipt of written request therefor by District, reimburse District for all sums paid by District under this paragraph together with all District’s reasonable attorney’s fees and costs, plus interest at the Interest Rate from the date of payment until the date of reimbursement.
District’s Rights. 8-1 Retention of District Prerogatives: Except as expressly modified or restricted by a specific provision of the Agreement, all statutory and inherent managerial rights, prerogatives and functions are retained and vested exclusively in the Board of Trustees of the Xxxxxxxxx County School District, including, but not limited to, the rights, in accordance with its sole and exclusive judgment and discretion, to the following:
a. to direct its employees;
b. to hire, promote, classify, transfer, assign, retain, suspend, demote, discharge, or take disciplinary action against any employee;
c. to determine appropriate staffing levels, work performance standards, content of the workday, and workload factors;
d. to relieve any employee from duty because of lack of work, lack of money, or for any other legitimate reason;
e. to manage its governmental operations efficiently;
f. to establish the methods and means by which its operations are to be conducted;
g. and to take whatever actions may be necessary to carry out its responsibilities in situations of emergency.
8-2 The employer's failure to exercise any prerogative or function hereby reserved to it, or the employer's exercise of any such prerogative or function in a particular manner shall not be considered a waiver of the employer's rights reserved herein or preclude it from exercising the same in some other manner not in conflict with the provisions of this Agreement.
8-3 The employer will adhere to the policies that it has set, and see that they are carried out in a fair and consistent manner.
District’s Rights. The District reserves the right to perform work related to the Project with the District’s own forces, and to award separate contracts in connection with other portions of the Project or other construction or operations on the Site. Upon the election to perform work with its own forces or by separate contracts, the District shall notify the Contractor. If the Contractor claims that delay or additional cost is involved because of such action by the District, the Contractor shall make such Claim as provided elsewhere in the Contract Documents.
District’s Rights. The District may occupy or use any completed or partially completed portion of the Work at any stage. The District and the Contractor shall agree in writing to the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents. When the Contractor considers a portion complete, the Contractor shall prepare and submit a Punch List to the District as provided under paragraph 9.
7.1. It is understood and agreed that the District shall have the right to occupy the building or use the improvement contemplated by the Contract prior to the completion of the entire work, and that such occupancy or use shall not operate as an acceptance of any part of the work, nor shall the Contractor be entitled to, or make demand for, additional compensation or extension of time because of such occupancy In case that the Contractor has not completed the work and the contract time, including authorized time extensions, has expired, the District reserves the right to occupy any portion of the Work at any time before completion and while work is in progress. In the event of such occupancy, the Contractor shall provide, without additional cost to the District, suitable protection by means of fencing, barriers, posted signs or other method as required to prevent persons other than those directly connected with the Work from entering remaining areas where continuing Work is being conducted, vehicles are operating, or materials are stored. Occupancy by the District prior to final acceptance shall not be deemed to constitute a waiver of existing claims in behalf of the District or Contractor against each other. If the Contractor fails to complete all of the project in the time frame agreed upon, including any approved time extensions, the Contractor shall not enter into any occupied areas to complete the Work until after those areas are vacated each day by district personnel and or students. The metered cost of electricity, water, fuel, etc., for the occupied portion and the cost of operating the heating and air conditioning systems for the occupied portion will be borne by the Contractor until final completion. Use and occupancy by the District prior to final acceptance shall not relieve the Contractor of his responsibility to provide and maintain all insurance and bonds required of the Contractor under the contract ...
District’s Rights. The District:
(a) is entitled to peaceably hold and enjoy the rights, liberties and Statutory Right of Way hereby granted without hindrance, molestation or interruption by the Grantor or any person, firm or corporation claiming by, through, under or in trust for the Grantor;
(b) may remove anything placed on the Right of Way Area by the Grantor which may interfere with, injure or impair the operating efficiency of, or obstruct access to or the use of the Right of Way Area or the rights granted by the Statutory Right of Way, but must promptly restore the Right of Way Area to substantially its original condition, but for the Works, so far as is reasonably practical; and
(c) on default by the Grantor of any of its obligations under this Agreement, may, but is not obliged to, rectify the default, provided that, except in the case of an emergency (in which case no notice is required), the District must first give 30 days’ prior notice to the Grantor specifying the default and requiring it to be remedied and the Grantor must have failed to carry out such work within such 30 day period, or if the work requires longer than 30 days to carry out, the Grantor must have failed to commence carrying out the work and to diligently proceed with the work thereafter. The Grantor shall, forthwith upon receiving an invoice from the District, reimburse District for its reasonable, out of pocket expenses incurred in remedying such a default.
District’s Rights. If TENANT fails to perform TENANT'S obligations under this Section 6, DISTRICT may at its option (but shall not be required to) enter upon the Premises, at any time and from time to time, and put the same in good order, condition and repair, and the actual cost thereof payable by Tenant under Section 6.1 of this Lease (subject to the Annual Cap), together with simple interest thereon at the rate of 10% per annum or the maximum permissible legal rate of interest in California, whichever is less, shall become due and payable as additional rental to DISTRICT together with TENANT'S next rental installment. DISTRICT reserves the right, at the DISTRICT'S sole expense, to maintain and repair building roofs and to perform exterior painting.
