Common use of Reservation of Rights, Failure to Reach Agreement and Return to the Status Quo Ante Clause in Contracts

Reservation of Rights, Failure to Reach Agreement and Return to the Status Quo Ante. (a) Had a successor MOU not been agreed upon, and had the City instead unilaterally implemented a change in the Retiree Medical Plan effective July 1, 2009, the parties acknowledge that litigation challenging the imposition would have been instituted and defended by the parties. The purpose of this subsection (“B. 4”) is to preserve the parties’ claims, challenges and defenses as they existed on June 30, 2009, and at the same time provide incentives to the parties to reach agreement after meeting and conferring as required by subsection “B. 1” of this section. Nothing in this subsection shall be construed as prohibiting the parties from reaching mutual agreement on changes to the Retiree Medical Plan, effective on or before July 1, 2011. This subsection’s sole purpose is to address circumstances where the City, after completing the City’s impasse procedure, might or might not unilaterally impose a change in the Plan on the issues specified in subsection “B. 1”.

Reservation of Rights, Failure to Reach Agreement and Return to the Status Quo Ante. (a) Had a successor MOU not been agreed upon, and had the City instead unilaterally implemented a change in the Retiree Medical Plan effective July 1, 2009, the parties acknowledge that litigation challenging the imposition would have been instituted and defended by the parties. The purpose of this subsection (“B. 4”) is to preserve the parties’ claims, challenges and defenses as they existed on June 30, 2009, and at the same time provide incentives to the parties to reach agreement after meeting and conferring as required by subsection “B. 1” of this section. Nothing in this subsection shall be construed as prohibiting the parties from reaching mutual agreement on changes to the Retiree Medical Plan, effective on or before July 1, 2011. This subsection’s sole purpose is to address circumstances where the City, after completing the City’s impasse procedure, might or might not unilaterally impose a change in the Plan on the issues specified in subsection “B. 1.”.