MUTUALLY AGREED Clause Samples

MUTUALLY AGREED. Either the Department Head or the officer facing discipline may offer to impose or accept a suspension without pay for a period from one hundred and twenty-one (121) to seven hundred and twenty (720) hours. If the officer accepts the mutually agreed suspension, there shall be no right to appeal the suspension to any administrative or judicial body, and the officer must sign a waiver of appeal. It is also understood and agreed that, if the Department Head permits the forfeit of vacation, compensatory, or holiday time for suspension, said vacation, compensatory, or holiday time shall be considered as equal discipline to unpaid hours of suspension. In no case will sick leave be substituted for unpaid hours of suspension. The forfeited vacation, compensatory, or holiday time will not constitute hours worked. Forfeiture of vacation, compensatory, or holiday time will not preclude an officer from being paid overtime at the rate of time and a half for those overtime assignments that have been identified as “guaranteed overtime” assignments.

MUTUALLY AGREED. The Parties budgeted $2,000,000 for the DPW Staff Services, which does not include reimbursement to the County for contracts the County enters into in connection with this Project. If DPW or the MERA Executive Officer anticipates that the cost of the Services will exceed such amount, both MERA and County will cooperatively re-assess the Services and consider modifying the Services or providing additional funding to address the anticipated shortfall, if deemed appropriate.

MUTUALLY AGREED. Any mutually agreed to this Collective Agreement in writing shall form part of this Collective Agreement and are subject to the grievance and arbitration procedure, if so designated by the parties.

MUTUALLY AGREED. This agreement shall remain in force and effect for one year and thereafter, from year to year, on the same basis as set forth herein until written notice of cancellation shall be given by either party at least 10 days prior to the end of the then current monthly period. It is further agreed, however, that if the Applicant is delinquent in the payment of the monthly charges, or is guilty of violating the terms of this contract, or if there is a material change in existing legal requirements which adversely affects this Agreement, Old Republic Credit Services may, at its election, discontinue providing service to the Applicant and/or cancel this contract immediately by written notice to the Applicant. Pricing and payment terms are described in a separate Pricing Confirmation Letter. Old Republic Credit Services shall have the right to recover expenses, including collection costs and reasonable attorney's fees incurred in collecting overdue amounts. The undersigned Guarantor personally guarantees any and all charges incurred in connection with this agreement and account. The undersigned Guarantor authorizes Old Republic Credit Services to obtain, from time to time, consumer credit and other public record reports on Guarantor in connection with any extension of credit to, or review or collection of the account of Applicant and/or Guarantor. This document is a full expression of the agreement between the parties and any prior terms, representations, actions or agreements are of no force and effect. Any modifications to this agreement must be in writing and signed by the parties hereto. Executed this day of , 20 . By Signature Title Company Name Address (no PO Box) City State Zip

MUTUALLY AGREED. Each party to this Agreement (the “Indemnifying Party”) shall be responsible for its own acts or omissions and for those of its officers, employees, and agents. Neither party shall be responsible for the acts or omissions of persons or entities not a party to this Agreement.

MUTUALLY AGREED. That this agreement shall remain in full force and effect for a period of six years from the date of execution unless terminated by either party upon 30 days written notification by either party. The agreement may be temporarily suspended during any period that COUNTY does not have sufficient Federal Surface Transportation Program funds available to be transferred.

MUTUALLY AGREED. 1. Equipment and devices shall be reviewed and approved by CALTRANS prior to installation. 2. AC Transit will maintain an inventory of at least one TSP replacement unit for all CALTRANS intersections. 3. AC Transit shall not alter, adjust, modify, remove, replace, disconnect, activate, or deactivate CALTRANS equipment without written authorization from CALTRANS. AC Transit is not authorized to access the CALTRANS’s facilities without a CALTRANS representative present. 4. CALTRANS shall respond to all malfunctions of the TSP system, CALTRANS may, without prior notice, temporarily deactivate TSP equipment remotely or locally at any time if problems appear that are suspected to be caused or exacerbated by TSP. CALTRANS will make a reasonable effort to notify AC Transit within 48 hours regarding any changes to the PROJECT TSP system ASAP, prior to action if feasible. AC Transit understands that workload and staffing factors may affect the actual amount of time prior to notification. Care shall be taken to ensure EV system is not affected by turning off TSP system. 5. FACILITIES DAMAGE: CALTRANS shall provide emergency response and replace/restore all CALTRANS equipment to proper operation. CALTRANS will deactivate and disconnect and remove any damaged PROJECT equipment, if necessary. CALTRANS will make a reasonable effort to notify AC Transit and STAKEHOLDER AGENCIES within 48 hours regarding any damage to PROJECT system or failure of PROJECT system components. AC Transit and STAKEHOLDER AGENCIES understand that workload and staffing factors may affect the actual amount of time prior to notification. 6. The parties shall work together in the spirit of good faith and cooperation to successfully implement this Agreement. To the extent there are disagreements among CALTRANS, AC transit and STAKEHOLDER AGENCIES, those disagreements shall immediately be raised between the parties. Prior to initiating any legal action, the parties hereto agree to meet in good faith to attempt to resolve any dispute.

MUTUALLY AGREED a. The Position will be located at University Main Campus, Moscow, ID. b. The Position will travel to state parks and related areas throughout the state with emphasis on utilization of Ponderosa State Park and the McCall Field Campus. c. Review and modify as necessary annual Position objectives, goals and tasks. d. Open exchange of information so both parties are informed of plans, programs, progress, needs and results of the Position. e. Data generated directly from this agreement shall remain joint property of the University and IDPR and may not be used for further analyses or dissemination without the consent of both parties, excepting for use in educational purposes in furtherance of the University’s obligations as a public, land grant University. f. Acknowledge the University and IDPR need to publish and disseminate information which may arise from research performed by the Position in forums such as symposia, international, national or regional professional meetings, or published in vehicles such as books, journals, websites, theses or dissertations. The University and IDPR shall be given the opportunity to coauthor all publications arising from work sponsored or coordinated by this agreement. If the University or IDPR declines authorship, they shall retain the opportunity to review and comment on publications prior to submission. Time for such reviews will be limited to 30 days. Publications by the University employee as sponsored research, as defined by University policy, shall adhere to the requirements of the sponsored research agreement or requirements from the sponsor. Credit for publications shall be given according to recognized academic practices and as required by the grant or contract funding the publication. No other property is expected to be acquired, held or disposed of resulting from the Position.

MUTUALLY AGREED. Either the Department Head or the fire fighter facing discipline may offer to impose or accept a suspension without pay for a period from one hundred and twenty-one (121) to seven hundred and twenty (720) hours. If the fire fighter accepts the mutually agreed suspension, there shall be no right to appeal the suspension to any administrative or judicial body, and the fire fighter must sign a waiver of appeal. It is also understood and agreed that, if the Department Head permits the forfeit of vacation or holiday time for suspension, said vacation or holiday time shall be considered as equal discipline to unpaid hours of suspension. In no case will sick leave be substituted for unpaid hours of suspension. The forfeited vacation or holiday time will not constitute hours worked. Forfeiture of vacation or holiday time will not preclude a fire fighter from being paid overtime at the rate of time and a half for those overtime assignments that have been identified as “guaranteed overtime” assignments