MODIFICATION AND SEPARABILITY. The Employer and the Union for the term of this Agreement agree that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement, unless the Employer and the Union mutually agree to alter, amend, supplement, enlarge, or modify any of this Agreement’s provisions.
MODIFICATION AND SEPARABILITY. 1. The Employer and the Union acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. The Employer and the Union for the term of this Agreement each further agree that the other shall not be obligated to bargain collectively with the respect to any subject matter referred to or governed by this Agreement unless the Employer and the Union mutually agree to alter, amend, supplement, enlarge, or modify any of its provisions.
2. The parties to this contract agree that, where the contract deals with a particular subject, the contract takes precedence over sections of Ohio law, City ordinances, administrative regulations, including the policies and procedures manual, and rules of the Chief of Police, unless specifically prohibited by Ohio law, court decision, or a decision by the State Employment Relations Board. Where this contract does not speak to a particular subject, then the relevant section of Ohio law, City ordinance, administrative regulations, including the policies and procedures manual, or the rules of the Chief of Police shall prevail.
3. If a Court of competent jurisdiction finds any provision of this Agreement to be contrary to any applicable statute, such provision shall be of no further force and effect, but the remainder of the Agreement shall remain in full force and effect. The parties agree that should any provision of this Agreement be found to be invalid, they will schedule a meeting within thirty (30) days at a mutually agreeable time to negotiate alternative language on the same subject matter.
MODIFICATION AND SEPARABILITY. Section 25.1 Unless otherwise specifically provided herein, the provisions of this Agreement shall be conclusive as to all bargainable matters relating to wages, hours, and working conditions. Therefore, the Employer and the Union for the term of this Agreement each agree that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement unless the Employer and the Union mutually agree to alter, amend, supplement, enlarge, or modify any of its provisions.
Section 25.2 Should any provision of this Agreement be found to be illegal or unenforceable by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
Section 25.3 In the event of invalidation of any Article or Section, as described above in Paragraph 2., the parties agree to meet within thirty (30) days of such action for the purpose of renegotiating said Article or Section.
Section 25.4 The parties agree that this Agreement will be the sole and exclusive recourse available to Employees and the parties hereto, and where provisions of this Agreement conflict with otherwise applicable provisions of Ohio Law, this Agreement shall prevail pursuant to Ohio Revised Code Section 4117.10(A).
MODIFICATION AND SEPARABILITY. 1. The Employer and the Union, for the term of this Agreement, each agree that, notwithstanding the provisions of Section 4117.08 of the Ohio Revised Code, the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement unless the Employer and the Union mutually agree to alter, amend, supplement, enlarge, or modify any of its provisions.
2. Should any provision of this Agreement be found to be illegal or unenforceable by a court of competent jurisdiction, the parties shall meet, upon the request of either party, to negotiate a replacement provision, and all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
MODIFICATION AND SEPARABILITY. A. The Employer and the Union for the term of this Agreement each agree that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement unless the Employer and the Union mutually agree to alter, amend, supplement, enlarge, or modify any of its provisions by a letter of understanding.
B. Should any provision of this Agreement be found to be illegal or unenforceable by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. Further, in the event of such a decision a meeting shall be scheduled between the City and the Union within fifteen (15) calendar days of knowledge of such court decision to negotiate a change in the affected provision(s). In the event the parties cannot negotiate a change in said provision(s) within 30 days following knowledge of such court decision, the issue shall, upon request of either party, be submitted to and finally resolved by arbitration.
MODIFICATION AND SEPARABILITY. 1. The Employer and the Union, for the term of this Agreement, each agree that, notwithstanding the provisions of Section 4117.08 of the Ohio Revised Code, the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement unless the Employer and the Union mutually agree to alter, amend, supplement, enlarge, or modify any of its provisions.
2. Should any provision of this Agreement be found to be illegal or unenforceable by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
MODIFICATION AND SEPARABILITY. Section 1. Unless otherwise specifically provided herein, the provisions of this
Section 2. Should any provision of this Agreement be found to be illegal or
Section 3. In the event of invalidation of any Article or Section, as described above
Section 4. The parties agree that this Agreement will be the sole and exclusive
MODIFICATION AND SEPARABILITY. If any portion of this Agreement is held to be invalid or unenforceable in any respect, Employee and Employer agree that such invalid or unenforceable part may be severed or modified to permit the Agreement to be enforced to the maximum extent permitted under law, with the remaining portions unaffected by the invalidity or unenforceability of any part of this Agreement.
MODIFICATION AND SEPARABILITY. Unless otherwise specifically provided herein, the provisions of this Agreement shall be conclusive as to all bargainable matters relating to wages, hours, and working conditions. Therefore, the Employer and the Union for the term of this Agreement each agree that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or governed by this Agreement unless the Employer and the Union mutually agree to alter, amend, supplement, enlarge, or modify any of its provisions.
MODIFICATION AND SEPARABILITY. The terms of this Agreement cannot be changed, modified or terminated orally, but only in writing. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter of this Agreement. If any portion or portions of this Agreement shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intention of the parties.
