Common use of FULL UNDERSTANDING, MODIFICATION, WAIVER Clause in Contracts

FULL UNDERSTANDING, MODIFICATION, WAIVER. This MOU contains the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. New policies and procedures, which fall within the scope of representation, as defined in Government Code Section 3504, shall be subject to the meet and confer process before adoption by the Authority, unless the subject matter of the policy falls within an Authority Right, as defined in Section 5.14 of this MOU. The Joint Labor/Management Committee (JLMC), Section 5.17, will serve as the normal forum for such meet and confer processes. Except for legally mandated changes in matters within the scope of representation, as defined in Government Code Section 3504, or in the case of an emergency as contemplated under Government Code Section 3504.5, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein or with respect to any other matters within the scope of representation during the term of this MOU. No agreement, alteration, understanding, variation, waiver, or modification of the terms or provisions contained herein shall, in any manner, be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the Authority and ratified by the membership of the MMG. The waiver of any breach, of any term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all of its terms and provisions. It is agreed that no provision of this MOU including the wage rates and benefits provided for by this MOU shall be modified during the term of this MOU unless mutually agreed to between the parties, nor shall any employee suffer any inadvertent reduction of wages or benefits as a result of execution of this MOU.

FULL UNDERSTANDING, MODIFICATION, WAIVER. This MOU contains sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any , and any other prior or existing understanding understandings or agreements by the parties, whether formal or informal, regarding any relating to such matters are hereby superseded or terminated as appropriate except as expressly provided in their entirety. New policies and procedures, which fall within the scope of representation, as defined in Government Code Section 3504, shall be subject to the meet and confer process before adoption by the Authority, unless the subject matter of the policy falls within an Authority Right, as defined in Section 5.14 of this MOU. The Joint Labor/Management Committee (JLMC), Section 5.17, will serve as the normal forum for such meet and confer processes. Except for legally mandated changes in matters within the scope of representation, as defined in Government Code Section 3504, or in the case of an emergency as contemplated under Government Code Section 3504.5, it It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein or with respect to any other matters within the scope of representation during the term of this MOU. However, as an express exception to this Article, the Parties agree that they shall continue to negotiate the issue of consolidating the Deputy Probation Officer Field I/II/Senior/Supervisors and Deputy Probation Officer Institution I/II/Senior/Supervisor into a single, combined job classification series. The Parties anticipate that their agreement concerning this subject shall be memorialized in a side letter to this MOU and/or Probation Department policy. Nothing in this paragraph shall be construed as a waiver or alteration of County Rights identified in Article 3 of the MOU, including but not limited to the right to create, change, combine, or abolish jobs, in whole or in part. The Parties also expressly agree that their side letter dated June 25, 2019 concerning the closure of the Placerville Juvenile Detention Facility remains enforceable throughout the term of this MOU and for however long thereafter until the agreed upon termination date of that side letter. No agreement, alteration, understanding, variation, waiver, waiver or modification of any of the terms or provisions contained herein shall, shall in any manner, manner be binding upon the parties hereto parties, unless made and executed in writing by all the parties hereto, and if required, approved and implemented by the Authority and ratified by the membership of the MMG. The waiver of any breach, of any term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all of its terms and provisions. It is agreed that no provision of this MOU including the wage rates and benefits provided for by this MOU shall be modified during the term of this MOU unless mutually agreed to between the parties, nor shall any employee suffer any inadvertent reduction of wages or benefits as a result of execution of this MOUCounty.

FULL UNDERSTANDING, MODIFICATION, WAIVER. This MOU contains the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. New policies and procedures, procedures which fall within the scope of representation, as defined in Government Code Section 3504, shall be subject to the meet and confer process before adoption by the Authority, unless the subject matter of the policy falls within an Authority Right, Right as defined in Section 5.14 5.15, Authority Rights, of this MOU. The Joint Labor/Labor Management Committee (JLMC), Section 5.17, 5.18 will serve as the normal forum for such meet and confer processes. Except for legally mandated changes in matters within the scope of representation, as defined in Government Code Section 3504, or in the case of an emergency as contemplated under Government Code Section 3504.5, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein or with respect to any other matters within the scope of representation during the term of this MOU. No agreement, alteration, understanding, variation, waiver, or modification of the terms or provisions contained herein shall, shall in any manner, manner be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the Authority and ratified by the membership of the MMGSAEC. The waiver of any breach, breach of any term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all of its terms and provisions. It is agreed that no provision of this MOU including the wage rates and benefits provided for by this MOU shall be modified during the term of this MOU unless mutually agreed to between the parties, nor shall any employee suffer any inadvertent reduction of wages or benefits as a result of execution of this MOU.

FULL UNDERSTANDING, MODIFICATION, WAIVER. This MOU contains the full and entire understanding of the parties regarding the matters set forth herein. Any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. New policies and procedures, which fall within the scope of representation, as defined in Government Code Section 3504, shall be subject to the meet and confer process before adoption by the Authority, unless the subject matter of the policy falls within an Authority Right, as defined in Section 5.14 of this MOU5.14, Authority Rights. The Joint Labor/Management Committee (JLMC), Section 5.17, will serve as the normal forum for such meet and confer processes. Except for legally mandated changes in matters within the scope of representation, as defined in Government Code Section 3504, or in the case of an emergency as contemplated under Government Code Section 3504.5, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein or with respect to any other matters within the scope of representation during the term of this MOU. No agreement, alteration, understanding, variation, waiver, or modification of the terms or provisions contained herein shall, in any manner, be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved by the Authority and ratified by the membership of the MMGCG. The waiver of any breach, of any term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all of its terms and provisions. It is agreed that no provision of this MOU including the wage rates and benefits provided for by this MOU shall be modified during the term of this MOU unless mutually agreed to between the parties, nor shall any employee suffer any inadvertent reduction of wages or benefits as a result of execution of this MOU.

FULL UNDERSTANDING, MODIFICATION, WAIVER. This It is intended that this MOU contains sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any , and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. New policies Existing benefits and procedures, working conditions which fall within are not referenced in the scope of representation, as defined in Government Code Section 3504, shall be MOU and which are subject to the meet and confer process before adoption shall continue without change unless modified subject to the meet and confer process. The District assures the Union that unless changes are warranted by operational necessity it does not intend, nor does it anticipate, during the Authorityterm of this MOU any change, unless the modification or cancellation of wages, hours, and working conditions which are subject matter of the policy falls within an Authority Right, as defined to meet and confer and which are presently in Section 5.14 of effect or contained in this MOU. The Joint Labor/Management Committee (JLMC), Section 5.17, will serve Except as the normal forum for such meet and confer processes. Except for legally mandated changes in matters within the scope of representation, as defined in Government Code Section 3504, or in the case of an emergency as contemplated under Government Code Section 3504.5specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiateright, and agrees that the other party shall not be required required, although they may mutually agree otherwise, to negotiate, negotiate with respect to any subject or matter covered herein or with respect to any other matters matter within the scope of representation negotiations, during the term of this MOU. No Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall, in any manner, shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the Authority and ratified by the membership of the MMGDistrict Board. The waiver of any breach, of any term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all of its terms and provisions. It is agreed that no provision of this MOU including the wage rates and benefits provided for by this MOU shall be modified during the term of this MOU unless mutually agreed to between the parties, nor shall any employee suffer any inadvertent reduction of wages or benefits as a result of execution of this MOU.

FULL UNDERSTANDING, MODIFICATION, WAIVER. This It is intended that this MOU contains sets forth the full and entire understanding of the parties regarding the matters set forth herein. Any , and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. New policies Existing benefits and procedures, working conditions which fall within are not referenced in the scope of representation, as defined in Government Code Section 3504, shall be MOU and which are subject to the meet and confer process before adoption shall continue without change unless modified subject to the meet and confer process. The District assures the Union that unless changes are warranted by operational necessity it does not intend, nor does it anticipate, during the Authorityterm of this MOU any change, unless the modification or cancellation of wages, hours, and working conditions which are subject matter of the policy falls within an Authority Right, as defined to meet and confer and which are presently in Section 5.14 of effect or contained in this MOU. The Joint Labor/Management Committee (JLMC), Section 5.17, will serve Except as the normal forum for such meet and confer processes. Except for legally mandated changes in matters within the scope of representation, as defined in Government Code Section 3504, or in the case of an emergency as contemplated under Government Code Section 3504.5specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiateright, and agrees that the other party shall not be required required, although they may mutually agree otherwise, to negotiate, negotiate with respect to any subject or matter covered herein or with respect to any other matters matter within the scope of representation negotiations, during the term of this MOU. No Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall, in any manner, shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if i f required, approved and implemented by the Authority and ratified by the membership of the MMGDistrict Board. The waiver of any breach, of any term or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all of its terms and provisions. It is agreed that no provision of this MOU including the wage rates and benefits provided for by this MOU shall be modified during the term of this MOU unless mutually agreed to between the parties, nor shall any employee suffer any inadvertent reduction of wages or benefits as a result of execution of this MOU.