Common use of Government Action Affecting Agreement Clause in Contracts

Government Action Affecting Agreement. (a) If any Article or provision or part thereof of this Agreement shall be rendered null and void, or materially altered, or otherwise be declared invalid, inoperative or unenforceable, by any competent authority or applicable legislation: (i) The remaining provisions of the Agreement shall remain in full force and effect for the life of the Agreement. (ii) The Employer and the Union shall, as soon as possible, negotiate mutually agreeable provisions to be substituted for the provisions rendered nugatory, to whatever degree, as per Clause 37.01(a) above. (iii) If mutual agreement cannot be reached as provided in Clause 37.01(a)(ii) above, the matter may, at the option of either Party, be referred directly to arbitration in accordance with the applicable provisions of this Agreement. For this purpose, it is agreed that the matter must be so referred within sixty (60) calendar days following the date of unsatisfactory conclusion of the relevant negotiations.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

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Government Action Affecting Agreement. (a) If any Article or provision or part thereof of this Agreement shall be rendered null and void, or materially altered, or otherwise be declared invalid, inoperative or unenforceable, by any competent authority or applicable legislation: (i) The remaining provisions of the Agreement shall remain in full force and effect for the life of the Agreement. (ii) The Employer and the Union shall, as soon as possible, negotiate mutually agreeable provisions to be substituted for the provisions rendered nugatory, to whatever degree, as per Clause 37.01(a36.01(a) above. (iii) If mutual agreement cannot be reached as provided in Clause 37.01(a)(ii36.01(a)(ii) above, the matter may, at the option of either Party, be referred directly to arbitration in accordance with the applicable provisions of this Agreement. For this purpose, it is agreed that the matter must be so referred within sixty (60) calendar days following the date of unsatisfactory conclusion of the relevant negotiations.

Appears in 5 contracts

Samples: Collective Agreement, Collective Agreement, Collective Agreement

Government Action Affecting Agreement. (a) If any Article article or provision or part thereof of this Agreement shall be rendered null and void, or materially altered, or otherwise be declared invalid, inoperative or unenforceable, by any competent authority or applicable legislationlegislation arising from the legislative or judicial branch of the federal, provincial or territorial governments, the following shall apply: (i) The remaining provisions of the Agreement shall remain in full force and effect for the life of the Agreement. (ii) The Employer and the Union shall, as soon as possible, negotiate mutually agreeable provisions to be substituted for the provisions rendered nugatory, to whatever degree, as per Clause 37.01(a) above. (iii) If mutual agreement cannot be reached as provided in Clause 37.01(a)(ii) abovereached, the matter may, at the option of either Party, be referred directly to arbitration in accordance with the applicable provisions of this Agreement. For this purpose, it is agreed that the matter must be so referred within sixty (60) calendar days following the date of unsatisfactory conclusion of the relevant negotiations. (b) Where legislation provides better terms and conditions of employment for any employee(s) than is provided for in this Agreement, such legislation shall apply and prevail.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Government Action Affecting Agreement. (a) If any Article article or provision or part thereof of this Agreement shall be rendered null and void, or materially altered, or otherwise be declared invalid, inoperative or unenforceable, by any competent authority or applicable legislationlegislation arising from the legislative or judicial branch of the federal, provincial or territorial governments, the following shall apply: (i) The remaining provisions of the Agreement shall remain in full force and effect for the life of the Agreement. (ii) The Employer and the Union shall, as soon as possible, negotiate mutually agreeable provisions to be substituted for the provisions rendered nugatory, to whatever degree, as per Clause 37.01(a) above. (iii) If mutual agreement cannot be reached as provided in Clause 37.01(a)(ii) abovereached, the matter may, at the option of either Partyparty, be referred directly to arbitration in accordance with the applicable provisions of this Agreement. For this purpose, it is agreed that the matter must be so referred within sixty (60) calendar days following the date of unsatisfactory conclusion of the relevant negotiations. (b) Where legislation provides better terms and conditions of employment for any employee(s) than is provided for in this Agreement, such legislation shall apply and prevail.

Appears in 1 contract

Samples: Collective Agreement

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Government Action Affecting Agreement. (a) If any Article article or provision or part thereof of this Agreement shall be rendered null and void, or materially altered, or otherwise be declared invalid, inoperative inoperative, or unenforceable, by any competent authority or applicable legislationlegislation arising from the legislative or judicial branch of the federal, provincial, or territorial governments, the following shall apply: (i) The the remaining provisions of the Agreement shall remain in full force and effect for the life of the Agreement. (ii) The the Employer and the Union shall, as soon as possible, negotiate mutually agreeable provisions to be substituted for the provisions rendered nugatory, to whatever degree, as per Clause 37.01(a) above. (iii) If if mutual agreement cannot be reached as provided in Clause 37.01(a)(ii) abovereached, the matter may, at the option of either Party, be referred directly to arbitration in accordance with the applicable provisions of this Agreement. For this purpose, it is agreed that the matter must be so referred within sixty (60) calendar days following the date of unsatisfactory conclusion of the relevant negotiations. b) Where legislation provides better terms and conditions of employment for any employee(s) than is provided for in this Agreement, such legislation shall apply and prevail.

Appears in 1 contract

Samples: Collective Agreement

Government Action Affecting Agreement. (a) If any Article or provision or part thereof of this Agreement shall be rendered null and void, or materially altered, or otherwise be declared invalid, inoperative or unenforceable, by any competent authority or applicable legislation: (i) The remaining provisions of the Agreement shall remain in full force and effect for the life of the Agreement. (ii) The Employer and the Union shall, as soon as possible, negotiate mutually agreeable provisions to be substituted for the provisions rendered nugatory, to whatever degree, as per Clause 37.01(aArticle 36.01(a) above. (iii) If mutual agreement cannot be reached as provided in Clause 37.01(a)(iiArticle 36.01(a)(ii) above, the matter may, at the option of either Party, be referred directly to arbitration in accordance with the applicable provisions of this Agreement. For this purpose, it is agreed that the matter must be so referred within sixty (60) calendar days following the date of unsatisfactory conclusion of the relevant negotiations.

Appears in 1 contract

Samples: Collective Agreement

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