MISCELLANOUS PROVISIONS. 16. This Agreement, after it has been executed by the FHEO Regional Director or his or her designee, is binding upon Respondents, its employees, contractors, agents, successors, representatives, and subrecipients. The Agreement is additionally binding upon Complainants and their agents, attorneys, heirs, executors, administrators, insurers, successors, assigns, and any and all other persons or entities which have or may have any claim on his behalf or be entitled to share in any settlement thereof.
17. This Agreement shall not be construed to limit or reduce the obligation of Respondent City, and Respondent City’s subrecipients and agencies, programs, services, and activities, to comply with applicable federal civil rights laws and implementing regulations, including any applicable provisions of Section 504, the ADA, Section 109, Title VI, and the Fair Housing Act, and their respective implementing regulations.
18. Upon execution of this Agreement by the FHEO Regional Director or his or her designee, it is a public document.
19. Upon execution of this Agreement, Respondents shall provide notice of the terms of this Agreement to OSEI, HRCP and HRCP’s Division of Disability Rights within ten (10) days from the effective date.
20. This Agreement does not diminish the ability of any person or class of persons to exercise their rights under Section 504, the ADA, Section 109, Title VI, and the Fair Housing Act, or any other federal, State, or local civil rights statute or authority with respect to any past, current, ongoing, or future actions. This Agreement does not create any private right of action for any person or class of persons not a Party to this Agreement.
21. This Agreement does not in any way limit or restrict HUD’s authority to investigate any other complaint involving Respondents or conduct a compliance review pursuant to Section 504, the ADA, Section 109, and Title VI, or investigate allegations pursuant to the Fair Housing Act, or any other authority within HUD’s jurisdiction. This Agreement does not limit or waive any defenses that Respondents may have with regard to such complaints or investigations and Respondents expressly deny any liability with the matters subject to this Agreement.
22. Complainants hereby forever waive, release, and covenant not to sue the Department or Respondents, to include all their heirs, executors, assigns, agents, employees and attorneys with regard to any and all claims, damages and injuries of whatever nature, whe...
MISCELLANOUS PROVISIONS. (A) If for any reason a provision of a contract is legally invalid, then in such event the rest of the contract shall remain in full force and affect, except that the parties shall try to replace such invalid provision with a provision closest to their original mutual intentions.
(B) Any amendments to any contract or contracts require the consent in writing by both parties. Headings in this document are for ease of reference only.
MISCELLANOUS PROVISIONS. 13.1 Duration of the Consortium Agreement
13.1.1 Entering into force This Consortium Agreement shall enter into force once the following three conditions have all been fulfilled and shall retroactive effect as from the starting date of the Project: The EC Contract with the Commission has been signed by the Coordinator; All of the Contractors have adhered to the EC Contract; All of the Contractors have signed this Consortium Agreement. The Project will start on the date specified in article 4-2 of the EC Contract.
13.1.2 Expiry/ General provisions relating to termination The Consortium Agreement shall expire on the expiry date of the Contract with the Commission.., However, the provisions of this Consortium Agreement relating to liability, confidentiality, intellectual property rights and publications shall survive the term or termination of this Consortium Agreement for any reason whatsoever to the extent needed to enable the Contractors to pursue the rights and remedies provided for therein. For the avoidance of doubt, termination or withdrawal shall not affect any rights or obligations incurred prior to the date of the termination.
MISCELLANOUS PROVISIONS. 30.1 The EMPLOYER has the right to establish job descriptions for positions covered by bargaining agreement provided that all job descriptions will be discussed with the EMPLOYEE and the UNION in a meet and confer meeting. No EMPLOYEE will suffer a loss in pay or benefits due to a job reclassification.
30.2 The wages for positions covered by this Bargaining Agreement shall be as listed in Appendix A & B & C which are attached to and made part of this Agreement.
MISCELLANOUS PROVISIONS. 5.01 Notwithstanding anything in this Agreement to the contrary, nothing contained in this Agreement shall be construed as a waiver of City’s governmental immunity, or of any damage caps or limitations imposed by law, or any other legal protections granted to City by law, except to the extent expressly provided or necessarily implied herein. In the event of a conflict between this provision and any other provision in this Agreement, the terms of this provision shall govern.
5.02 Notwithstanding anything in this Agreement to the contrary, this Agreement is subject to and governed by the laws of the State of Texas. Any disputes arising from or relating to this Agreement shall be resolved in a court of competent jurisdiction located in Xxxxxxx County, Texas, or the federal courts for the United States for the Northern District of Texas. The parties hereto irrevocably waive any right to object to the jurisdiction of such courts or to a trial by jury in any dispute arising from or relating to this Agreement. In the event of a conflict between this provision and any other provision in this Agreement, the terms of this provision shall govern.
5.03 Notwithstanding anything in this Agreement to the contrary, if City should not appropriate or otherwise receive funds sufficient to participate in this Agreement, City may unilaterally terminate this Agreement effective on the final day of the fiscal year through which City has funding. City will make every effort to give the Parties at least thirty (30) days written notice prior to a termination for lack of appropriations. In the event of termination due to a lack of appropriations, City will pay the Parties for all undisputed expenses incurred prior to the effective date of termination that are related to the work as described herein and owed to the Parties from the City under this Agreement. In the event of a conflict between this provision and any other provision in this Agreement, the terms of this provision shall govern.
MISCELLANOUS PROVISIONS. 6.1 Publication. XXXXXXXX agrees to recognize Xx. Xxxxx Xxxxxxxx of Western Kentucky University, as a contributor to any presentations, publications, and other scientific and non-scientific disseminations, of the results of any research involving the Trademarked Products, which takes place under this Agreement. Any data collected as part of the CMP Award will be electronically shared with LICENSOR, at xxxxxxxxxxxxx@xxx.xxx, at least every three months of the CMP Award term. LICENSOR agrees that if Xx. Xxxxx Xxxxxxxx uses or references LICENSEE’s research data or results using the Trademarked Products which takes place under this Agreement, in any presentation, publications or other scientific and or non-scientific disseminations, LICENSEE’s researchers will be recognized as contributors. XXXXXXXX agrees to provide to LICENSOR the name of the researchers to be included as a contributor.
MISCELLANOUS PROVISIONS. A. Nothing in the fact or terms of the Agreement, including the exhibits and related documents hereto, the proceedings related to approval of the Agreement, or the negotiations related to the Agreement shall constitute or be used as an admission of any act, omission, fault, or wrongdoing by the City or be offered or received in evidence against the City, Plaintiffs, the Settlement Class Members, or any other person or entity, except for proceedings to enforce the Agreement. Any payment of money, or any other action taken, by the City pursuant to any provision of this Settlement Agreement, shall not at any time be construed or deemed to be, or to evidence, any admission against or concession by the City with respect to any wrongdoing, fault, or omission of any kind whatsoever. The City expressly denies any and all claims of wrongdoing and denies any liability to Plaintiffs or any Settlement Class Member. Any and all discussion, statements, and/or communications of any type between the Parties, Class Counsel, and Defendant’s Counsel in the course of settlement negotiations related to the Agreement shall remain confidential and subject to Federal Rule of Evidence 408, except in proceedings to enforce this Agreement. This provision shall survive the expiration or voiding of the Settlement Agreement.
B. Any disputes between or among the Parties concerning the matters contained in this Agreement, if they cannot be resolved by negotiation or agreement, shall be submitted to the Court. The Court shall retain exclusive and continuing jurisdiction over the Litigation, the Settlement, and this Agreement and shall enforce, interpret, effectuate, and implement this Agreement. The Parties and Settlement Class Members hereby irrevocably submit to the exclusive and continuing jurisdiction of this Court for any suit, action, proceeding, or dispute arising out of or relating to the Settlement, this Agreement, or the applicability of this Agreement. Solely for purposes of such suit, action, or proceeding, to the fullest extent that they may effectively do so under applicable law, the Settlement Class Members, Class Representatives, and the City irrevocably waive and agree not to assert, by way of motion, as a defense, or otherwise, any claim or objection that they are not subject to the jurisdiction of the Court or that the Court is an any way an improper venue or an inconvenient forum. Nothing herein shall be construed as a submission to jurisdiction for any purpose other t...
MISCELLANOUS PROVISIONS. A. Subsection 16.11, Notices to the Parties. “For the Operator To shall be replaced with the following: Citizen Watch Company of America, Inc. 0000 Xxxx 000xx Xxxxxx Xxxxxxxx, XX 00000-0000 Except as amended herein, all remaining terms and conditions of Agreement No. 2346 shall remain in full force and effect. //// //// //// ////
MISCELLANOUS PROVISIONS. Any Party may unilaterally terminate this MOA upon providing ninety (90) days written notice to the other Party.
MISCELLANOUS PROVISIONS. Section 1. Paraprofessionals will participate in Staff Development activities and School Improvement planning on early dismissal days. On early dismissal days for the purpose of report card preparation, paraprofessionals shall be allowed to leave immediately after the students have left the building without loss of pay.
Section 2. By August 1 preceding each school year, each employee shall be notified of beginning date, ending date, tentative position assignment, pay rate, available personal days, and available sick days.
Section 3. In the event a custodian is absent, the District agrees to hire a substitute for long- term absences (5 consecutive days or more) at the rate of pay for a beginning custodian. The Union and Board agree to work cooperatively to create and maintain a substitution list prior to the beginning of each school year. The union and the administration also agree to develop a list of job expectations and strategies to implement in the event of short-term absences.
Section 4. In service/training. Whenever the Board of Education or its designee requires bargaining unit employees to be involved in training courses or workshops and conference it will make provisions for the payment of costs associated with the course, workshop, or conference. Costs shall be defined as registration, mileage at District rate, reasonable food and hotel expenses upon approval of written receipts. Members of the bargaining unit who are required to physically move special needs or early childhood students as part of their assigned duties shall be given in-service training for such duties at least a week prior to the start of such duties. This training may be given as “on the job”. If the training is during non-work time, the employee shall be paid his/her hourly rate. If an IEP or charting requires that a student be lifted, the employee shall be informed if the student is a multiple lift. Assistance for a multi-person lift shall be provided as needed. This shall include the use of any existing needed type of mechanical equipment that the District has available. Members of the bargaining unit shall be paid their hourly rate of pay if they are requested to attend a district in-service/institute during time they are not already scheduled to work by the building principal. Members of the bargaining unit shall be paid their hourly rate of pay, when requested by building principal, to attend non-district in-service/institutes during time they are not already scheduled to...
