RIGHTS OF THE DEPARTMENT Sample Clauses

RIGHTS OF THE DEPARTMENT. The Department and the Association agree that the Management officials of the Department possess the sole right to operate the Department and that all management rights not specifically modified by this Agreement shall remain the functions of the Department. These rights include, but are not limited to: • The right to hire, direct, promote, classify, or transfer an employee; excluding the right to transfer an employee as a form of discipline;
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RIGHTS OF THE DEPARTMENT. A. The Department reserves the right to waive, change, add or delete any terms or conditions of this solicitation. B. The Department reserves the right to reject any one proposal and/or all proposals or portions of proposals submitted in response to this RFP. C. The submission of a proposal has the effect of waiving proprietary rights or confidentiality. D. All proposals become the property of the Department. E. The Department reserves the right to use for its benefit ideas contained in the proposals submitted. F. The Department is not liable for any costs or damages that may be incurred by an Offeror(s) or prospective Offeror(s) in the preparation, formulation or presentation of a proposal(s). G. In case of ambiguity or lack of clarity, the Department may adopt such interpretations as may be advantageous to the Department. H. The Department may at its discretion request Offerors to make an oral presentation to Department representatives in support of their proposals. I. Upon review of proposals, the Department may select the Offeror’s proposal most advantageous to the Department, in its judgment, with whom to negotiate a final definitive Contract. J. Such determination shall be solely at the discretion of the Department. All representations made by the Department are subject to the availability of legislative appropriations and do not represent an obligation on the part of the State of Texas, the Department or the TBCJ. K. The Department reserves the right to withdraw this solicitation at any time for any reason. L. The Department reserves the right to award no Contract and to solicit additional proposals at a later time. M. The Department incurs no obligation regarding this solicitation unless and until a Contract is fully executed by the parties. However, all proposals received by the Department will remain confidential until the evaluation process is complete.
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RIGHTS OF THE DEPARTMENT. The Department and the Association agree that the Management officials of the Department possess the sole right to operate the Department and that all management rights not specifically modified by this Agreement shall remain the functions of the Department. These rights include, but are not limited to: • The right to hire, direct, promote, classify, or transfer an employee; excluding the right to transfer an employee as a form of discipline; • The right to reduce in force, or lay off any employee because of a lack of work or lack of funds, subject to A rticle 10 - Reduction in Force Procedure of this contract; • The right to determine appropriate staffing levels and work performance standards; except for employee safety considerations; • The right to determine work schedules, tours of duty, location and daily assignments; excluding the right to assign an employee as a form of discipline; • The right to determine the quality and quantity of services to be offered to the public and the means and methods of offering those services; • The right to determine the content of the work day, including, without limitation, workload factors, except for employee safety considerations. • The Department is entitled to take whatever action may be necessary to carry on its responsibilities in situations of emergency such as a riot, military action, natural disaster, or civil disorder. Such actions may include the suspension of this collective bargaining agreement for the duration of the emergency. Any action taken by the Department under the provisions of this subsection shall not be construed as a failure to negotiate or keep the intended good faith. • The Department shall have the right and responsibility to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers, and its employees. • The Department shall have the right to develop and train employees and determine corresponding criteria and procedures. Nothing contained within this Agreement shall modify the above identified management rights.
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RIGHTS OF THE DEPARTMENT. The Department and the Association agree that the Management officials of the Department possess the sole right to operate the Department and that all management rights not specifically modified by this Agreement shall remain the functions of the Department. These rights include, but are not limited to: ▸ The right to hire, direct, promote, classify, or transfer an employee; excluding the right to transfer an employee as a form of discipline; ▸ The right to reduce in force, or lay off any employee because of a job or position being abolished, lack of work or lack of funds, subject to Article 11 - Reduction in Force Procedure of this contract; ▸ The right to determine appropriate staffing levels and work performance standards; except for employee safety considerations; ▸ The right to determine work schedules, tours of duty, and daily assignments; excluding the right to assign an employee as a form of discipline; ▸ The right to determine the quality and quantity of services to be offered to the public and the means and methods of offering those services; ▸ The right to determine the content of the work day, including, without limitation, workload factors, except for employee safety considerations. ▸ The Department is entitled to take whatever action may be necessary to carry on its responsibilities in situations of emergency such as a riot, military action, natural disaster, or civil disorder. Such actions may include the suspension of this collective bargaining agreement for the duration of the emergency. Any action taken by the Department under the provisions of this subsection shall not be construed as a failure to negotiate or keep the intended good faith. ▸ The Department shall have the right and responsibility to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers, and its employees. ▸ The Department shall have the right to educate and train employees and determine corresponding criteria and procedures. The above management rights shall in no event contravene the terms of this Agreement and shall be subject thereto.
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RIGHTS OF THE DEPARTMENT. If a Progressive Contractor Default occurs, then, in addition to all other rights and remedies provided by law or equity or available under the Agreement or otherwise, including the rights to recover Liquidated Damages (and Key Personnel Liquidated Damages) and to seek recourse against the Surety Bonds[, Guaranty/ies][NTD: eliminate if no Guaranty], or other performance security required hereby, the Department shall have the following rights and remedies, without further notice, and without prejudice to any of its other rights or remedies, and without waiving or releasing the Progressive Contractor and its Surety from any obligations, and the Progressive Contractor shall have the following obligations (as applicable): (a) The Department may order the Progressive Contractor to suspend or discontinue the Work or any portion of the Work. (b) The Department may terminate the Agreement or a portion thereof, in which case, the provisions of Section 25.3 (Progressive Contractor Responsibilities Upon Termination) and Section 25.4 (Responsibility After Notice of Termination) shall apply. (c) If and as directed by the Department, the Progressive Contractor shall withdraw from the Site; and shall remove such materials, equipment, tools and instruments used by, and any debris or waste materials generated by, any Progressive Contractor-Related Entity in the performance of the Work. (d) The Progressive Contractor shall deliver to the Department possession of any or all facilities of the Progressive Contractor located on the Site, as well as any or all Design Documents and all other completed or partially completed drawings (including plans, elevations, details, and diagrams), specifications, records, information, schedules, samples, shop drawings, and other documents, that the Department deems necessary for completion of the Work. (e) The Progressive Contractor shall confirm assignment to the Department of Subcontracts requested by the Department, and the Progressive Contractor shall terminate, at its cost, all other Subcontracts. (f) The Department may deduct from any amounts payable by the Department to the Progressive Contractor such amounts payable by the Progressive Contractor to the Department, including Liquidated Damages, Key Personnel Liquidated Damages, or other damages payable to the Department under the Contract Documents. (g) The Department, without incurring any liability to the Progressive Contractor, shall have the rights to: (i) If the Progressive Contr...
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RIGHTS OF THE DEPARTMENT. The rights of the Department shall be preserved under the laws of the Commonwealth of Pennsylvania, and include, but not be limited to, the following: (i) To identify, to preserve and to protect in perpetuity the PCSM BMPs in a manner consistent with the O&M Plan. (ii) To enter upon the Property in a reasonable manner and at reasonable intervals and times for the purpose of monitoring compliance with this Instrument. (iii) To proceed at law or in equity to enforce the provisions of this Instrument, and to prevent the occurrence of any of the prohibited activities hereinafter set forth.
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RIGHTS OF THE DEPARTMENT 
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Related to RIGHTS OF THE DEPARTMENT

  • RIGHTS OF THE UNION Section 4.1 The Union has the right and responsibility to represent the interests of all employees in the unit; to present its views to the District on matters of concern, and to enter collective negotiations with the object of reaching an agreement applicable to all employees within the unit, except that by such obligation neither party shall be compelled to agree to a proposal or be required to make a concession. Section 4.2 The Union shall promptly be notified by the District of any formal grievance of any employee in the unit in accordance with the provisions of the Discharge and Grievance articles contained herein. The Union is entitled to have an observer at hearings conducted by any District official or body arising out of a grievance and to make known the Union's views concerning the case. Section 4.3 The Employer, as part of the general orientation of each new employee within the unit subject to this Agreement, shall make available to each employee, a copy of this Agreement. Section 4.4 The President of the Union and/or the President's representatives will be provided time off without loss of pay to a maximum of twenty-five days (25) days total per year, to be used at the discretion of the executive board. The leave will be granted for the President and the Union representatives to attend regional or state meetings when the purpose of these meetings. Additional release days may be granted. The Union will reimburse the District for the cost of any required substitute. Such use shall not interfere with District operations. 4.4.1 Upon return from such leave, the employee will be returned to the position previously held. 4.4.2 All seniority rights for such employee shall be retained and accrued. Section 4.5 The names of employees in the respective unit will be made available to the President of the Union upon request. On or before the first day of October of each year during the term of this Agreement, the District shall provide the Union with information regarding each employee in the bargaining unit on a form to be provided by the Union. Upon request the information shall be supplemented and revised quarterly. Employee information given to the Union shall be used solely for the purpose of union business. Section 4.6 The Union reserves and retains the right to delegate any Union right or duty contained herein to appropriate officials of the American Federation of Teachers Union of Washington. Section 4.7 Visitation rights shall be granted to the designated representative of the Union to visit employees in the unit for the purpose of grievance procedures and/or general information data. This excludes recruitment during working hours. The union representative shall notify his/her immediate supervisor and the building office (for employees assigned to a school site regularly or for the day) before leaving the assigned worksite and shall notify the building office upon arrival. For any union representative working in Maintenance, the representative shall notify his/her lead and the Maintenance Supervisor. Union meetings may be held during working hours with prior approval of the Superintendent or designee.

  • Certain Rights of the Depositary The Depositary, its Affiliates and their agents, on their own behalf, may own and deal in any class of securities of the Company and its Affiliates and in ADSs. The Depositary may issue ADSs against evidence of rights to receive Shares from the Company, any agent of the Company or any custodian, registrar, transfer agent, clearing agency or other entity involved in ownership or transaction records in respect of the Shares.

  • Certain Rights of the Depositary; Limitations Subject to the further terms and provisions of this Article (23), the Depositary, its Affiliates and their agents, on their own behalf, may own and deal in any class of securities of the Company and its Affiliates and in ADSs. The Depositary may issue ADSs against evidence of rights to receive Shares from the Company, any agent of the Company or any custodian, registrar, transfer agent, clearing agency or other entity involved in ownership or transaction records in respect of the Shares. Such evidence of rights shall consist of written blanket or specific guarantees of ownership of Shares furnished on behalf of the holder thereof. In its capacity as Depositary, the Depositary shall not lend Shares or ADSs; provided, however, that the Depositary may (i) issue ADSs prior to the receipt of Shares pursuant to Section 2.3 of the Deposit Agreement and (ii) deliver Shares prior to the receipt and cancellation of ADSs which were issued under (i) above but for which Shares may not yet have been received (each such transaction a “Pre-Release Transaction”). The Depositary may receive ADSs in lieu of Shares under (i) above and receive shares in lieu of ADSs under (ii) above. Each such Pre-Release Transaction will be (a) accompanied by or subject to a written agreement whereby the person or entity (the “Applicant”) to whom ADSs or Shares are to be delivered (1) represents that at the time of the Pre-Release Transaction the Applicant or its customer owns the Shares or ADSs that are to be delivered by the Applicant under such Pre-Release Transaction, (2) agrees to indicate the Depositary as owner of such Shares or ADSs in its records and to hold such Shares or ADSs in trust for the Depositary until such Shares or ADSs are delivered to the Depositary or the Custodian, (3) unconditionally guarantees to deliver to the Depositary or the Custodian, as applicable, such Shares or ADSs and (4) agrees to any additional restrictions or requirements that the Depositary deems appropriate, (b) at all times fully collateralized with cash, United States government securities or such other collateral as the Depositary deems appropriate, (c) terminable by the Depositary on not more than five business days’ notice (save for a prescribed termination event in which case any such Pre-Release Transaction may be immediately terminable by the Depositary) and (d) subject to such further indemnities and credit regulations as the Depositary deems appropriate. The Depositary will normally limit the number of ADSs and Shares involved in such Pre-Release Transactions at any one time to 30% of the ADSs outstanding (without giving effect to ADSs outstanding pursuant to any Pre-Release Transaction under (i) above), provided, however, that the Depositary reserves the right to change or disregard such limit from time to time as it deems appropriate. The Depositary may also set limits with respect to the number of ADSs and Shares involved in Pre-Release Transactions with any one person on a case by case basis as it deems appropriate. The Depositary may retain for its own account any compensation received by it in conjunction with the foregoing. Collateral provided pursuant to (b) above, but not the earnings thereon, shall be held for the benefit of the Holders (other than the Applicant).

  • Rights of the Company The Company shall not be required to (i) transfer on its books any Purchased Shares that have been sold or transferred in contravention of this Agreement or (ii) treat as the owner of Purchased Shares, or otherwise to accord voting, dividend or liquidation rights to, any transferee to whom Purchased Shares have been transferred in contravention of this Agreement.

  • RIGHTS OF MANAGEMENT Any rights of management which are not specifically mentioned in this Agreement and are not contrary to its intention shall continue in full force and effect for the duration of this contract, always provided that in the exercise of the aforementioned management rights there shall be no discrimination.

  • RIGHTS OF THE EMPLOYER The Employer reserves and retains, solely and exclusively, all management rights, powers, and authority, including the right of management to manage, control, and direct its work forces and operations except those as may be modified under this Agreement.

  • Rights of the NIMS Insurer Each of the rights of the NIMS Insurer set forth in this Agreement shall exist so long as (i) the NIMS Insurer has undertaken to guarantee certain payments of notes issued pursuant to an Indenture and (ii) any series of notes issued pursuant to one or more Indentures remain outstanding or the NIMS Insurer is owed amounts in respect of its guarantee of payment on such notes; provided, however, the NIMS Insurer shall not have any rights hereunder (except pursuant to Section 11.01 in the case of clause (ii) below) during the period of time, if any, that (i) the NIMS Insurer has not undertaken to guarantee certain payments of notes issued pursuant to the Indenture or (ii) any default has occurred and is continuing under the insurance policy issued by the NIMS Insurer with respect to such notes.

  • Department of Housing and Urban Development Iowa Civil Rights Commission 000 Xxxx 00xx Xxxxxx

  • Department of State Registration Consistent with Title XXXVI, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity.

  • RIGHTS OF THE BOARD A. The Board, on its own behalf and on behalf of the electors of the district, hereby retains and reserves unto itself all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and the Constitutions of the State of Michigan, and of the United States, including, and without limiting the generality of the foregoing, the right; (1) To the executive management and administrative control of the school system and its properties and facilities, and the activities of its employees; (2) To hire all employees and subject to the provisions of law, to determine their qualifications and the conditions for their continued employment, or their dismissal or demotion; and to promote, and transfer all such employees; (3) To establish grades and courses of instruction, including special programs, and to provide for athletic, recreational and social events for students, all as deemed necessary or advisable by the Board; (4) To decide upon the means and methods of instruction, the selection of textbooks and other teaching materials, and the use of teaching aides of every kind and nature; (5) To determine class schedules, the hours of instruction, and the duties, responsibilities, and assignments of teachers and other employees with respect to administrative and non-teaching activities, and the terms and conditions of employment; (6) To establish, modify, or change any work or business or school hours or days; (7) To determine the services, supplies, and equipment necessary to continue its operations and to determine all methods and means of distributing, disseminating, and/or selling its services, methods, schedules, and standards of operation, the means, methods, and processes of carrying on the work including automation or contracting thereof or changes therein; the institution of new and/or improved methods or changes therein; (8) To determine the number and location or relocation of its facilities, including the establishment or relocation of new schools, buildings, departments, divisions or subdivisions thereof and the relocation or closing of offices, departments, divisions or subdivisions, buildings or other facilities; (9) To adopt rules and regulations for the operation and management of the schools and the school district. B. The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules and regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of Michigan and the Constitution and laws of the United States.

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