Rights of County. The County reserves the right to reject all or any part of any bid, waive informalities, and award the contract to the lowest responsive and responsible bidder to best serve the interest of the County. Informality shall mean a minor defect or variation of a bid from the exact requirements of the Invitation to Bid which does not affect the price, quality, quantity, or delivery schedule for the goods, services or construction being procured.
Rights of County. 2.1: Except as specifically restricted by the terms of this Agreement, the customary and usual rights, powers, functions and authority of Management are vested in the Employer. These rights include, but are not limited to, those provided by statute or law along with the right to hire, direct, promote, transfer, assign, and retain employees in positions within the Department. Further, to suspend, demote, discharge (including failure to reappoint), or take other disciplinary action but only for just cause, and to maintain the efficient administration of the Employer. It is also agreed that the Employer retains the right to determine the method, means, and personnel, employees or otherwise, by which the business of the Employer shall be conducted, and to take whatever action is necessary to carry out the duty and obligation of the Employer to the taxpayers thereof.
2.2: The Employer retains the right to subcontract or secure auxiliary services to perform work normally performed by members of the Union if and when, in his judgment, he does not have immediately available sufficient qualified manpower, proper equipment, capacity and ability to perform such work within the available or required amount of time during emergencies, or when such work cannot be performed by the then members of the Union on an efficient and economical basis. Under no circumstances, however, shall the Employer subcontract work normally performed by members of the Union while there are members then qualified to perform the available work on layoff.
2.3: The Employer also retains the right to adopt and enforce rules and/or regulations relating to personnel policies, procedures and working conditions not inconsistent with the express terms of this Agreement. Such rules and/or regulations shall be reasonable, relate to the proper performance of the employee's duties and be uniformly administered in a nondiscriminatory manner; the propriety of any penalty assessed for a charged violation of such rules and/or regulations may be processed through the Grievance Procedure. It is hereby agreed that the Employer reserves to itself solely the full right to adopt a drug and substance testing program for applicants and employees as it deems necessary, consistent with applicable legal guidelines. The Employer further reserves the right to implement such testing program upon providing advance notice to the union of the provisions of such program. The union reserves the right to grieve application of th...
Rights of County. In the event the Company and its lenders fail to decommission the Project in accordance with the requirements of this Agreement, the County may, in its sole election and following written notice to Company and its lenders, undertake the decommissioning of the Project. The County’s election to decommission all or any portion of the Project shall not create an obligation to the Landowners, the Company or any other third party to complete the decommissioning of the entire Project. In the event the County elects to undertake the decommissioning of the Project, it may make a claim(s) upon the Restoration Fund to the Restoration Fund provider for an amount up to the Net Removal Cost, subject to the limitations set forth herein. Any claim made by the County upon the Restoration Fund shall be limited to such expenses incurred by the County for the removal of all structures and the restoration of the soil and vegetation with the Project, as set forth in this Agreement and the Ordinance, including reasonable professional fees (the “Decommissioning Obligations”).
Rights of County. In the event the Company and its lenders fail to decommission the Solar Park in accordance with the terms of this Agreement, the County may, in its sole election, undertake the decommissioning of the Solar Park. The County’s election to decommission all or any portion of the Solar Park shall not create an obligation to the Company or any other third party to complete the decommissioning of the entire Solar Park. In the event the County elects to undertake the decommissioning of the Solar Park it may make a claim(s) upon the Surety Bond for the Decommissioning Costs, subject to the limitations set forth herein. Any claim made by the County upon the Surety Bond shall be limited to such expenses incurred by the County for the removal of all structures including up to a depth of three (3) feet below the surface and the restoration of the soil and vegetation within the Solar Park (the “Decommissioning Obligations”).
Rights of County. 1. The operation of the Departments and the direction of the working employees are, subject to the terms of this contract, solely vested in the County and its officers. This includes but is not limited to the establishment of policy, working schedules, the right to hire, promote, suspend, or discharge for just cause employees, and to transfer employees from one duty to another.
2. The County shall have the right to establish job descriptions for the various job titles held by employees and to establish different rates of pay for different job titles, and to define the various job titles held by such employees and to establish new and different job titles. The establishment of various job titles for the employees shall not, however, result in the reduction of the wage rate in accordance with the salary schedule, for any person who is an employee as of the effective date of this Agreement. During the term of this Agreement, no right or benefit enjoyed by an employee on the effective date of this Agreement shall be reduced or diminished in any way contrary to the provisions of this Agreement.
3. If the County shall change the job description for existing job titles or establish new and different job titles, the CSEA shall have the right to negotiate with the County in respect to different rates of pay for such job titles during the term of this agreement. Nothing contained in this Agreement shall be construed as limiting the right of the CSEA to so negotiate.
Rights of County. 9 Section 2.1 ....................................... 9 Section 2.2 ....................................... 9 Section 2.3 ....................................... 9 Section 2.4 ....................................... 10 Section 2.5 ....................................... 10 Section 2.6 ....................................... 10 Section 2.7 ....................................... 10 Section 2.8 ....................................... 10 ARTICLE III, UNION REPRESENTATIVE ...................... 11 Section 3.1 ....................................... 11 Section 3.2 ....................................... 11 Section 3.3 ....................................... 11 Section 3.4 ....................................... 11 Section 3.5 ....................................... 11 Section 3.6 ....................................... 11
Rights of County. In the event Developer, its investors, or its lenders fail to perform Decommissioning Services in accordance with the requirements of this Agreement, the County may undertake the Decommissioning Services and may make a claim on the Restoration Security to pay a third party to complete the decommissioning obligations of Developer. The County’s election to decommission all or any portion of the Wind Project shall not create an obligation on the County, landowners, or any other third-party to complete the Decommissioning Services. In the event the County elects to undertake any of the Decommissioning Services, it may make a claim(s) upon the Restoration Security to the Security Provider for the Net Removal Cost subject to the limitations set forth herein. Any claim made by the County upon the Restoration Security shall be limited to such expenses incurred by the County or its agent for the Decommissioning Services according to the standards set forth in this Agreement, including reasonable professional fees. In addition to the County’s right to make a claim upon the Restoration Security, if the Developer fails to decommission the Wind Project in accordance with the terms of this Agreement, the County shall also have the right to: (a) seek injunctive relief available under applicable law to effect or complete the decommissioning of the Wind Project; (b) seek reimbursement from Developer, its successors or assigns, for any documented and reasonable costs of decommissioning the Wind Project incurred by the County in excess of the funds available under the Restoration Security; and (c) seek all remedies at law.
Rights of County. In the event of Discontinuation of Use, if the Company and its lenders fail to decommission the Wind Farm in accordance with the requirements of the Ordinance, the County may, in its sole election, undertake the decommissioning of the Wind Farm. The County’s election to decommission all or any portion of the Wind Farm shall not create an obligation to the Landowners, the Company or any other third party to complete the decommissioning of the entire Wind Farm. In the event the County elects to undertake the decommissioning of the Wind Farm, it may make a claim(s) upon the Restoration Fund to the Bond Provider for the Net Removal Cost subject to the limitations set forth herein. Any claim made by the County upon the Restoration Fund shall be limited to such expenses incurred by the County for the removal of all structures including up to a depth of four (4) feet below the surface and the restoration of the Wind Farm area, as set forth in Section 1.9.3 of the Ordinance, including reasonable professional fees (the “Decommissioning Obligations”).
Rights of County. In the event that, after one (1) year from the discontinuation of commercial operation, the Company and its lenders fail to decommission the Project in accordance with the requirements of the Ordinance, the County may, in its sole election, undertake the decommissioning of the Project. Company hereby grants County an express license to enter the Project property to effectuate such decommissioning. The County’s election to decommission all or any portion of the Project shall not create an obligation to the Landowners, the Company or any other third party to complete the decommissioning of the entire Project. In the event the County elects to undertake the decommissioning of the Project, it may make a claim(s) upon the Restoration Fund to the Restoration Fund provider for the Net Removal Cost subject to the limitations set forth herein. Any claim made by the County upon the Restoration Fund shall be limited to such expenses incurred by the County for the removal of all structures and the restoration of the soil and vegetation with the Project, as set forth in the Ordinance, including reasonable professional fees (the “Decommissioning Obligations”).
Rights of County. The County shall have the absolute right, without limitation, to make any repairs, alterations and additions to any structures and facilities at the Airport.. The County shall, in the exercise of such right, be free from any and all liability to the Licensee for business damages occasioned during the making of such repairs, alterations and additions, provided such do not damage or destroy the Roadway. MDAD shall endeavor to notify the Licensee a minimum of three (3) working days prior to making such repairs, alterations and additions to any structures and facilities which might endanger or otherwise affect the Licensee’s Roadway installed pursuant to this License.
