Common use of RENEGOTIATION, SEVERABILITY, AND WAIVER Clause in Contracts

RENEGOTIATION, SEVERABILITY, AND WAIVER. A. In the event either party hereto desires to negotiate a successor Agreement, such party shall serve upon the other, not before six (6) months prior to the expiration date of the Agreement, a written request to commence negotiations as well as an initial written proposal for such successor Agreement. Upon receipt of such written notice and proposal(s), negotiation shall commence not later than ten (10) working days after all conditions of Government Code Section 3547 are met. The District shall implement the request for renegotiation in a timely manner. B. If any provision of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal of competent jurisdiction pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. C. This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary and mutual consent of the parties in a written and signed amendment to this Agreement. D. The parties agree that during the negotiations which culminated in this Agreement each party enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter not reserved by policy or law from compromise through bargaining and that the understandings and agreements arrived at after the exercise of that right and opportunity are set forth herein. E. The parties agree, therefore, that the other shall not be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, even though such subject or matter may not have been in the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. This Article shall not be subject to the grievance provisions of Article 20.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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RENEGOTIATION, SEVERABILITY, AND WAIVER. A. In the event either party hereto desires to negotiate a successor Agreementagreement, such party shall serve upon the other, not before six (6) months prior to the expiration date of the Agreement, a written request to commence negotiations as well as an initial written proposal for such successor Agreementagreement. Upon receipt of such written notice and proposal(s), negotiation negotiations shall commence not later than ten (10) working days after all conditions of Government Code Section 3547 are met. Both parties agree to comply with State and/or Federal Laws. The District shall implement the request for renegotiation in a timely manner. B. If any provision of this Agreement should shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal of competent jurisdiction pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, restrain shall not be affected thereby. In the event of invalidation of any Article or Section of this Agreement as indicated above, and in the event the Article or section may legally be replaced, the parties agree to meet and negotiate for the purpose of arriving at a mutually satisfactory replacement. C. This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary and mutual consent of the parties in a written and signed amendment to this Agreement. D. The parties agree that during the negotiations which culminated in this Agreement each party enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter not reserved by policy or law from compromise through bargaining and that the understandings and agreements arrived at after the exercise of that right and opportunity are set forth herein. E. The parties agree, therefore, that the other shall not be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, even though such subject or matter may not have been in the knowledge and contemplation of either or both of the parties at the time that Article 4 2 they negotiated or signed this Agreement. This Article shall not be subject to the grievance provisions of Article 2019.

Appears in 2 contracts

Samples: Memorandum of Understanding, Collective Bargaining Agreement

RENEGOTIATION, SEVERABILITY, AND WAIVER. A. In the event either party hereto desires to negotiate a successor Agreementagreement, such party shall serve upon the other, not before six (6) months prior to the expiration date of the Agreement, a written request to commence negotiations as well as an initial written proposal for such successor Agreementagreement. Upon receipt of such written notice and proposal(s), negotiation negotiations shall commence not later than ten (10) working days after all conditions of Government Code Section 3547 are met. Both parties agree to comply with State and/or Federal Laws. The District shall implement the request for renegotiation in a timely manner. B. If any provision of this Agreement should shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal of competent jurisdiction pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, restrain shall not be affected thereby. In the event of invalidation of any Article or Section of this Agreement as indicated above, and in the event the Article or section may legally be replaced, the parties agree to meet and negotiate for the purpose of arriving at a mutually satisfactory replacement. C. This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary and mutual consent of the parties in a written and signed amendment to this Agreement.Agreement.‌‌ D. The parties agree that during the negotiations which culminated in this Agreement each party enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter not reserved by policy or law from compromise through bargaining and that the understandings and agreements arrived at after the exercise of that right and opportunity are set forth herein. E. The parties agree, therefore, that the other shall not be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, even though such subject or matter may not have been in the knowledge and contemplation of either or both of the parties at the time that Article 4 2 they negotiated or signed this Agreement. This Article shall not be subject to the grievance provisions of Article 2019.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RENEGOTIATION, SEVERABILITY, AND WAIVER. A. In the event either party hereto desires to negotiate a successor Agreementagreement, such party shall serve upon the other, not before six (6) months prior to the expiration date of the Agreement, a written request to commence negotiations as well as an initial written proposal for such successor Agreementagreement. Upon receipt of such written notice and proposal(s), negotiation negotiations shall commence not later than ten (10) working days after all conditions of Government Code Section 3547 are met. The District shall implement the request for renegotiation in a timely manner. B. If any provision of this Agreement should shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal of competent jurisdiction pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, restrain shall not be affected thereby. In the event of invalidation of any Article or Section of this Agreement as indicated above, and in the event the Article or section may legally be replaced, the parties agree to meet and negotiate for the purpose of arriving at a mutually satisfactory replacement. C. This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary and mutual consent of the parties in a written and signed amendment to this Agreement. D. The parties agree that during the negotiations which culminated in this Agreement each party enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter not reserved by policy or law from compromise through bargaining and that the understandings and agreements arrived at after the exercise of that right and opportunity are set forth herein. E. The parties agree, therefore, that the other shall not be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, even though such subject or matter may not have been in the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. This Article shall not be subject to the grievance provisions of Article 2019.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RENEGOTIATION, SEVERABILITY, AND WAIVER. A. In the event either party hereto desires to negotiate a successor Agreementagreement, such party shall serve upon the other, not before six (6) months prior to the expiration date of the Agreement, a written request to commence negotiations as well as an initial written proposal for such successor Agreementagreement. Upon receipt of such written notice and proposal(s)proposals, negotiation negotiations shall commence not later than ten (10) working days after all conditions of Government Code Section 3547 are met. Both parties agree to comply with State and or Federal Laws. The District shall implement the request for renegotiation in a timely manner. B. If any provision of this Agreement should shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal of competent jurisdiction pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, restrained shall not be affected thereby. In the event of invalidation of any Article or Section of this Agreement as indicated above, and in the event the Article or section may legally be replaced, the parties agree to meet and negotiate for the purpose of arriving at a mutually satisfactory replacement. C. This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary and mutual consent of the parties in a written and signed amendment to this Agreement. D. The parties agree that during the negotiations which culminated in this Agreement each party enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter not reserved by policy or law from compromise through bargaining and that the understandings and agreements arrived at after the exercise of that right and opportunity are set forth herein. E. The parties agree, therefore, that the other shall not be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, even though such subject or matter may not have been in the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. This Article shall not be subject to the grievance provisions of Article 20.,

Appears in 1 contract

Samples: Collective Bargaining Agreement

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RENEGOTIATION, SEVERABILITY, AND WAIVER. A. In the event either party hereto desires to negotiate a successor Agreement, such party shall serve upon the other, not before six (6) months prior to the expiration date of the Agreement, a written request to commence negotiations as well as an initial written proposal for such successor Agreement. Upon receipt of such written notice and proposal(s), negotiation shall commence not later than ten (10) working days after all conditions of Government Code Section 3547 are met. The District shall implement the request for renegotiation in a timely manner.receipt B. If any provision of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal of competent jurisdiction pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. C. This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary and mutual consent of the parties in a written and signed amendment to this Agreement. D. The parties agree that during the negotiations which culminated in this Agreement each party enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter not reserved by policy or law from compromise through bargaining and that the understandings and agreements arrived at after the exercise of that right and opportunity are set forth herein. E. The parties agree, therefore, that the other shall not be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, even though such subject or matter may not have been in the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. This Article shall not be subject to the grievance provisions of Article 20.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RENEGOTIATION, SEVERABILITY, AND WAIVER. A. In the event either party hereto desires to negotiate a successor Agreement, such party shall serve upon the other, not before six (6) months prior to the expiration date of the Agreement, a written request to commence negotiations as well as an initial written proposal for such successor Agreement. Upon receipt of such written notice and proposal(s), negotiation shall commence not later than ten (10) working days after all conditions of Government Code Section 3547 are met. The District shall implement the request for renegotiation in a timely manner. B. If any provision of this Agreement should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal of competent jurisdiction pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. C. This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary and mutual consent of the parties in a written and signed amendment to this Agreement. D. The parties agree that during the negotiations which culminated in this Agreement each party enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter not reserved by policy or law from compromise through bargaining and that the understandings and agreements arrived at after the exercise of that right and opportunity are set forth herein. E. The parties agree, therefore, that the other shall not be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, even though such subject or matter may not have been in the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. This Article shall not be subject to the grievance provisions of Article 20.

Appears in 1 contract

Samples: Collective Bargaining Agreement

RENEGOTIATION, SEVERABILITY, AND WAIVER. A. In the event either party hereto desires to negotiate a successor Agreementagreement, such party shall serve upon the other, not before six (6) months prior to the expiration date of the Agreement, a written request to commence negotiations as well as an initial written proposal for such successor Agreementagreement. Upon receipt of such written notice and proposal(s), negotiation negotiations shall commence not later than ten (10) working days after all conditions of Government Code Section 3547 are met. Both parties agree to comply with State and/or Federal Laws. The District shall implement the request for renegotiation in a timely manner. B. If any provision of this Agreement should shall be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal of competent jurisdiction pending a final determination as to its validity, the remainder of this Agreement or the application of such Article or Section as to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, restrained shall not be affected thereby. In the event of invalidation of any Article or Section of this Agreement as indicated above, and in the event the Article or section may legally be replaced, the parties agree to meet and negotiate for the purpose of arriving at a mutually satisfactory replacement. C. This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary and mutual consent of the parties in a written and signed amendment to this Agreement. D. The parties agree that during the negotiations which culminated in this Agreement each party enjoyed and exercised without restraint, coercion, intimidation, or other limitation, the right and opportunity to make demands and proposals or counter proposals with respect to any matter not reserved by policy or law from compromise through bargaining and that the understandings and agreements arrived at after the exercise of that right and opportunity are set forth herein. E. The parties agree, therefore, that the other shall not be obligated to negotiate or bargain collectively with respect to any subject or matter, whether referred to herein or not, even though such subject or matter may not have been in the knowledge and contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. This Article shall not be subject to the grievance provisions of Article 20.,

Appears in 1 contract

Samples: Collective Bargaining Agreement

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