Rights of the County. The COUNTY shall have rights that include: The right to enter into the premises area to undertake, at its own expense or on a cost-share basis with the LANDOWNERS or other entity: any activities to locate, xxxx, and if necessary restore the boundary. following reasonable notice to and consultation with the LANDOWNERS, any activities to restore, establish, protect, manage, maintain, and monitor vegetation, wetlands, structures and other natural features. following reasonable notice to and consultation with the LANDOWNERS, any activities to maintain or enhance the natural features and environmental values of the premises. The right, following reasonable notice to and consultation with the LANDOWNERS, to develop, improve and protect from erosion the above described land by mechanical, vegetative and physical means such as fencing to exclude livestock or by planting of or maintaining vegetation. The right, following reasonable notice to and consultation with the LANDOWNERS, to plant vegetative cover and manage said cover including but not limited to burning, spraying the premises with chemicals or mowing. The right to make such improvements and installations as are necessary, convenient, and incidental to the full enjoyment and use of the rights and privileges granted by this easement. The right to delegate all or part of its rights, and responsibilities under this easement to another entity authorized by Wisconsin law to have the appropriate authority to carry out such delegated responsibilities. The COUNTY and its employees, officers and agents have the right of ingress and egress from and to the premises across all contiguous lands owned by the LANDOWNERS for the purpose of exercising all rights and privileges granted herein including the right of inspection. It is understood that the field roads, roadways, passageways, lands or other normally traveled routes will be utilized for such ingress and egress whenever possible and where such travelways exist. The LANDOWNERS may provide a designated route to and from the premises which the COUNTY shall use if said route is reasonably convenient and specifically shown on Exhibit “B” attached hereto and made part hereof. The COUNTY, following reasonable notice to and consultation with the LANDOWNERS, shall have the right to manage fish and wildlife habitat and populations within the premises.
Rights of the County. Section 3.1 The County retains, among other management rights, the exclusive right to determine the methods, means, and personnel by which County government operations are to be conducted, as well as to exercise complete control and discretion over its organization, operations, and technology of performing its work; to determine the mission, function and necessity of all or part of each of its constituent departments, boards and commissions and take all necessary actions to carry out their mission, functions and necessity, or any part thereof, as well as set standards of service to the public.
Section 3.2 It also retains the sole right to administer the Civil Service system, to classify or reclassify positions, add or delete positions or classes to or from the Salary Ordinance; to establish standards for employment, promotion, and transfer of employees; to direct its employees, establish rules and regulations, take disciplinary action for proper cause, to establish work schedules and work assignments, contract out work, transfer work out of the unit, and to relieve its employees from duty for lack of work or other legitimate reasons. The County retains the right to be the sole judge, subject to its Civil Service Rules and Procedures, of the qualification and competence of its officers and employees.
Section 3.3 Before implementing any decision to contract out work or to transfer work out of the unit, the County shall notify E.T.A. and upon request, negotiate the impact of such decision on employees' terms and conditions of employment, to the extent such terms and conditions are within the scope of representation.
Rights of the County. In the event Company and its lenders fail to complete the Decommissioning Obligations in accordance with the requirements of this Agreement and LaPorte County Zoning Ordinance, the County may: (i) seek injunctive relief to effect or complete decommissioning (in which case the County if it is the prevailing party may seek its reasonable actual attorneys’ fees) or (ii) in its sole election, undertake the decommissioning of the Project after receipt of an appropriate court order. In the event the County elects to undertake the decommissioning of the Project, its employees or contractors are granted a right of access, pursuant to reasonable notice, to effect or complete decommissioning, and the County may make a claim(s) upon the Removal Bond to the Surety for the Removal Costs subject to the limitations set forth herein. Any claim made by the County upon the Removal Bond shall be limited to such expenses incurred by the County for the performance of the Decommissioning Obligations, including reasonable professional fees. The County may seek reimbursement from Company or its successors for decommissioning costs in excess of the Removal Bond, and it may file and pursue a lien against any real estate owned by Company or its successors for the amount of any excess decommissioning costs over and above the Removal Bond.
Rights of the County. 4.1. The Parties understand that County, County staff, or designated agents under the direction of County staff shall have access to the property for the sole purpose of planting and establishing Trees including watering, trimming, weeding, staking, fertilizing or similar activities, for a period ending 3 years after planting, defined as the Establishment Period.
4.2. The County shall provide to the SBAC and plant on SBAC Property, trees in locations and quantities mutually agreed to by the Schools Superintendent or designee (hereinafter collectively “Superintendent”) and County Arborist.
4.3. The County Arborist and the Schools Superintendent must agree on the exact locations for each species of tree prior to planting.
4.4. The trees will be appropriate, high-quality shade trees for the site’s location and conditions. If the Schools Superintendent does not agree to the tree species or the recommended planting locations offered by the County Arborist, the County may terminate this Agreement in accordance with the terms and conditions herein.
4.5. The County is granted a license to enter the SBAC Property for the purpose of planting the trees and, in its discretion, maintaining the trees through watering, weeding, staking, fertilizing, and pruning of the trees, as determined necessary by the County Arborist for good growth and structure of the Trees. This license is for the duration of the Establishment Period for each tree planted, unless otherwise terminated.
Rights of the County. Except as otherwise specifically provided in this Agreement, the County shall have the customary and usual rights, powers, and functions to direct the employees, to hire, promote, suspend and to take disciplinary action and to otherwise take whatever actions are necessary to carry out the mission of the County pursuant to the existing practices unless altered by this Agreement.
Rights of the County. The CITY, the COUNTY, and the ZONE agree and acknowledge that the COUNTY is entering into this Amendment and agreeing to the COUNTY’s Additional Pledge in reliance on the commitments made by the CITY, the DEVELOPER and the ZONE BOARD to: (a) in the case of the CITY, (i) timely contribute its Tax Increment Payments to the Tax Increment Fund as they become due in accordance with and subject to the terms of the Interlocal Agreement and the CITY’s Additional Pledge to the Tax Increment Fund as they become due in accordance with and subject to the terms of this Amendment; (ii) issue and pay the Supplemental Project Obligations in accordance with this Amendment, and (iii) fulfill its obligations with respect to the Interlocal Agreement, this Amendment and the Supplemental Project Obligations; (b) in the case of the DEVELOPER, contribute the DEVELOPER’s Pledge and fulfill its obligations with respect to the Interlocal Agreement, this Amendment and the Supplemental Project Obligations, and (c) on the commitment of the ZONE to comply with the Project and Finance Plan and Supplemental Project and Finance Plan. Any failure to fulfill such commitments will be considered a breach of the Interlocal Agreement, as amended by this Amendment, and such breach shall be subject to the cure provisions contained in Section IV.B.6. of the Interlocal Agreement.
Rights of the County. The termination of the Franchise Grant and Contract shall in no way affect any of the rights the County may have under the provisions of the Franchise Grant and Contract which survive termination or any provision of law. If, as a result of a dispute between the Company and the County and prior to a settlement of that dispute as provided herein, the Company arbitrarily or capriciously discontinues service to its subscribers, the Company shall forfeit its rights of notice and a hearing as provided herein, and the Allen County Council may, by resolution, declare the Franchise Grant and Contract immediately terminated and the County shall, forthwith, seek appropriate judicial injunctive relief and shall proceed to exercise its rights and powers as provided for herein.
Rights of the County. The parties recognize the prerogatives of the County to operate and manage the affairs of the County in such areas as, but not limited to:
a. Direct employees;
b. Hire, promote, transfer, assign and retain employees;
c. Relieve employees from duties because of lack of work or funds or under conditions where continuation of such work is ineffective or nonproductive;
d. Maintain the efficiency of government operations;
e. Determine the methods, means, job classifications, and personnel by which the government operations are to be conducted;
f. Take whatever actions may be necessary to carry out the mission of the Employer in situations of emergency;
g. Establish the methods and processes by which work is performed. The Union recognizes that the County has the responsibility and authority to manage and direct, on behalf of the public, all of the operations and activities of the County to the full extent authorized by law. The Union further agrees that all management rights, functions and prerogatives not expressly delegated in this Agreement are reserved to the County.
Rights of the County. The County has the right to determine and establish wages and 12 wage-related matters, such as wage rates for classifications and employees, the kinds and levels of 13 paid leaves and insured benefits, and how and when employees are compensated. All of the rights, 14 functions, powers and authority of the County not specifically abridged, delegated or modified by the 15 Agreement are recognized by the Union as being retained by the County.
Rights of the County. The termination of the franchise shall in no way affect any of the rights the County may have under the franchise or any provision of law. If, as a result of a dispute between the Company and the County and prior to a settlement of that dispute as provided for herein, the Company arbitrarily or capriciously discontinues service to its subscribers, the Company shall forfeit its rights of notice and a hearing as provided herein, and the County Council may, be resolution, declare the Company franchise immediately terminated and the County shall, forthwith, seek appropriate judicial injunctive relief and shall proceed to exercise its rights and powers as provided for herein.
