Exceptional Conditions Clause Samples
The Exceptional Conditions clause defines circumstances that are considered out of the ordinary and may impact the parties' obligations under the agreement. Typically, this clause outlines specific events—such as natural disasters, extreme weather, or other unforeseen incidents—that, if they occur, may excuse one or both parties from performing certain duties or allow for adjustments to timelines. Its core practical function is to allocate risk and provide a clear process for handling disruptions caused by extraordinary events, ensuring that neither party is unfairly penalized for situations beyond their control.
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Exceptional Conditions. It is recognized that under certain conditions the Union may be required to furnish men to an employer other than those signatory to the Southern California Painters Decorators and Allied Trades Master Labor Agreement in order to properly protect their jurisdictional or organizational rights. Such employer, not eligible for a Shop Card as a Chapter member or non-member signatory, a maintenance employer or for a Registration Card and who does not have a C-33, C-9 California Contractors License and/or a C-61 California Specialty Contractors License covering any phase of the Painting and Decorating Industry, who agrees to use members of District Council No. 36 and to observe all the conditions and terms of said Agreement, shall be required to enter into an agreement with District Council No. 36, a signed copy of which shall be deposited with the LMCC. Such agreement shall read as follows: "This Agreement entered into this day of , 20 , between (employer's name and address of job site), hereinafter referred to as the employer, and the International Union of Painters and Allied Trades, District Council No. 36, hereinafter referred to as the Union; Witnessed, It is mutually agreed as follows:
A. The employer agrees to abide by all the terms and conditions of the current Painters and Allied Trades District Council No. 36 Master Labor Agreement.
B. This Agreement terminates upon completion of the work at the address herein above stated, and the LMCC Card issued the Employer shall concurrently expire." Each such Agreement shall be identified as an "exceptional condition". There shall be no Shop Card fee for Shop Cards issued to the Employer party thereto, but such Shop Card shall be valid only for work at the single location noted on the Shop Card and shall expire upon completion of said work. Each such exceptional condition Shop Card issued shall specifically be presented to the next regular meeting of the LMCC for information and the Manager of the LMCC shall report the basis on which the limited shop card was issued.
Exceptional Conditions. It is recognized that the foregoing Working Rules cannot reasonably be so worded as to cover any and all contingencies that may arise because of other than ordinary circumstances. It is, therefore, agreed that a contingency not specifically provided for in this Agreement shall be classified under the category of an “Exceptional Condition,” and an employer may make a request to the Union for a permit issued under the Exceptional Condition clause so long as the issuance shall not endanger the health and safety of the persons who perform the work.
1. The Employer shall submit a request for an Exceptional Condition permit in writing by email to the Director of Service of District Council 16. The Director of Service of District Council 16 shall forward a written response by email to the requesting Employer within two (2) business days of the request.
Exceptional Conditions. It is recognized that the foregoing Working Rules cannot reasonably be so worded as to cover any and all contingencies that may arise because of other than ordinary circumstances. It is, therefore, agreed that a contingency not specifically provided for in this Agreement shall be classified under the category of an “Exceptional Condition,” and an Employer may make a request to the Union for a permit issued under the Exceptional Condition clause so long as the issuance shall not endanger the health and safety of the persons who perform the work.
1. The Employer shall submit a request for an Exceptional Condition permit in writing by email to the Director of Service of the Union. The Director of Service of the Union shall forward a written response by email to the requesting Employer within two (2) business days of the request.
Exceptional Conditions. 1. Each Contracting Party has the right under its legislation to introduce or maintain non-discriminatory exemptions for investors of the other Contracting Party, as well as to investors of any third country in the sectors and areas of activity, which exclude or restrict the activities of foreign investors.
2. The provisions of this Agreement regarding the provision of treatment no less favorable than that accorded to the investors of the Contracting Parties themselves or to investors of any third state, shall not be construed so as to oblige one Contracting Party to extend to investors of the other Contracting Party the benefit of any treatment, preference or privilege, arising from:
a) any existing or possible future free trade agreement, a customs or economic union or a similar regional organization to which is or may become in the future one of the Contracting Parties;
b) any international agreement or arrangement relating wholly or mainly to taxation.