Rights and Protections. 31.1.6.1 Nothing herein shall preclude the Board of Education from examining information which it is entitled by law to review in connection with the evaluation of and/or decision to retain in employment certificated employees.
31.1.6.2 The Governing Board shall retain all Education Code rights. Nothing herein shall modify or in any manner affect the rights of the Governing Board/District under provisions of the Education Code relating to the employment, classification, retention or non-retention of certificated employees.
31.1.6.3 Nothing herein shall modify or affect the District’s right to issue notices (of unsatisfactory performance and/or professional conduct) pursuant to Education Code section 44938.
31.1.6.4 Functions performed pursuant to this article by bargaining unit members shall not constitute either management or supervisory functions as defined in the EERA (i.e., Government Code section 3540.1, subdivisions (g) and (m). These responsibilities will remain with the administration.
31.1.6.5 The District shall hold harmless the members of the Review Panel and the Consulting Teachers from any liability arising out of their participation in this program as provided in Education Code section 44503, subdivision (c).
31.1.6.6 All proceedings and materials related to the administration of this article shall be strictly confidential. Therefore, Review Panel members and Consulting Teachers may disclose such information only as necessary to administer this article and comply with law.
31.1.6.7 A referred participating teacher shall have the right to be represented by the Association in any meeting of the Review Panel to which they are called and shall be given reasonable opportunity to present his/her point of view concerning any report being made.
31.1.6.8 A teacher shall not have access to the grievance process to challenge the contents of reports, Review Panel evaluations or decisions, but may file official responses, as provided herein, which shall become part of the official record of the intervention provided under this program.
Rights and Protections. The Trustee is entitled to all of the same rights, protections, indemnities and immunities under this Trust Agreement and with respect to the Trust as the Series Trustees. No amendment or waiver of any provision of this Trust Agreement which adversely affects the Trustee will be effective against it without its prior written consent.
Rights and Protections. (a) The Trustee agrees to perform its duties under this Trust Agreement in good faith, but only upon the express terms of this Trust Agreement. Neither the Trustee nor any of its officers, directors, employees, agents or affiliates shall have any implied duties (including fiduciary duties) or liabilities otherwise existing at law or in equity with respect to the Trust, which implied duties and liabilities are hereby eliminated.
(b) The Trustee shall not be personally liable to any Person under any circumstances in connection with any of the transactions contemplated by this Trust Agreement, except that such limitation shall not relieve the Trustee of any personal liability it may have to the Trust or the beneficial owners for the Trustee’s own bad faith, willful misconduct or gross negligence in the performance of its express duties under this Trust Agreement. In particular, but not by way of limitation of the foregoing:
(i) The Trustee shall not be personally liable for any error of judgment made in good faith by any of its officers or employees;
(ii) No provision of this Trust Agreement shall require the Trustee to expend or risk its personal funds or otherwise incur any financial liability in the exercise of its rights or powers hereunder;
(iii) Under no circumstance shall the Trustee be personally liable for any representation, warranty, covenant, obligation or indebtedness of the Trust;
(iv) The Trustee shall not be personally liable for or in respect of the validity or sufficiency of this Trust Agreement or for the due execution hereof by any Person other than the Trustee or for the value of the Trust assets;
(v) The Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, consent, entitlement order, approval or other paper or document;
(vi) All funds deposited with the Trustee hereunder may be held in a non-interest bearing trust account and the Trustee shall not be liable for any interest thereon; and
(vii) The Trustee shall not be personally liable for special, indirect, consequential or punitive damages, however styled, including, without limitation, lost profits.
(c) The Trustee shall incur no liability to anyone in acting upon any signature, instrument, notice, resolution, request, consent, order, certificate, report, opinion, bond or other document or paper believed by it to be genuine and believed by it to be signed by the pro...
Rights and Protections. AFTER CONSULTATION WITH AN ATTORNEY OF THE BORROWER'S AND EACH GUARANTOR'S OWN SELECTION, THE BORROWER AND EACH GUARANTOR VOLUNTARILY CONSENTS TO THIS WAIVER. THE BORROWER AND EACH GUARANTOR EXPRESSLY WARRANTS AND REPRESENTS THAT THE BORROWER AND EACH GUARANTOR (A) IS NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION RELATIVE TO THE AGENT AND THE LENDERS, AND (B) HAS BE REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.
Rights and Protections. (i) The Security Agent shall be entitled to rely upon, and shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Security Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and shall not incur any liability for relying thereon. The Security Agent may consult with legal counsel, independent accountants and other experts selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.
(ii) No provision of any Transaction Document or any related document shall require the Security Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder or under any such document.
(iii) In no event shall the Security Agent be responsible or liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Security Agent has been advised of the likelihood of such loss or damage and regardless of the form of action.
(iv) The rights, privileges, protections, immunities and benefits given to the Security Agent, including, without limitation, its right to be indemnified, are extended to, and shall be enforceable by, the Security Agent in each of its capacities hereunder, and each agent, custodian and other Person employed to act hereunder, and in its duties under any Transaction Document or related document.
(v) The Security Agent may execute any of the trusts or powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and the Security Agent shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed with due care by it hereunder.
(vi) The Security Agent may consult with counsel of its selection and the advice of such counsel or any opinion of counsel shall be full and complete authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance thereon.
(vii) The Security Agent shall not be liable with re...
Rights and Protections. You may have rights and protections under your agreement with your Funding Instrument provider or issuer. Refer to your agreement for details on these protections.
Rights and Protections. (i) The Security Agent shall be entitled to rely upon, and shall not incur any liability for relying upon, any notice, request, certificate, consent, statement, instrument, document or other writing (including any electronic message, Internet or intranet website posting or other distribution) believed by it to be genuine and to have been signed, sent or otherwise authenticated by the proper Person. The Security Agent also may rely upon any statement made to it orally or by telephone and believed by it to have been made by the proper Person, and shall not incur any liability for relying thereon. The Security Agent may consult with legal counsel, independent accountants and other experts selected by it, and shall not be liable for any action taken or not taken by it in accordance with the advice of any such counsel, accountants or experts.
(ii) No provision of any Transaction Document or any related document shall require the Security Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder or under any such document.
(iii) In no event shall the Security Agent be responsible or liable for special, indirect, punitive or consequential loss or damage of any kind whatsoever (including, but not limited to, loss of profit) irrespective of whether the Security Agent has been advised of the likelihood of such loss or damage and regardless of the form of action.
Rights and Protections. 1Nothing herein shall preclude the Board of Education from examining information which it is entitled by law to review in connection with the evaluation of and/or decision to retain in employment certificated employees.
Rights and Protections. As a Participant in this Plan, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). This law provides that you shall be entitled to:
Rights and Protections. BUYER HEREBY ACKNOWLEDGES TO SELLER THAT BUYER AND SELLER ARE NOT IN A SIGNIFICANTLY DISPARATE BARGAINING POSITION.
