SAVINGS CLAUSES. A. If any provision of this Agreement or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provisions or applications and to this end the provisions of this Agreement are declared to be severable.
B. If any provision of this Agreement would, in the written opinion of the Company's independent accountants, prevent or substantially interfere with the Company's ability to receive pooling treatment in any business combination, the offending provision will be deemed severed from this Agreement and the other provisions of this Agreement shall not be affected.
SAVINGS CLAUSES. 20.01 No provision of this Agreement shall be used to remove working conditions or reduce wages presently in force.
SAVINGS CLAUSES. 19.02.01 Should any part or provision of this Agreement be rendered invalid by reason of legislation enacted by the Government of Canada, such invalidation of any part of the provisions of this Agreement shall not invalidate the remaining portions thereof, and they shall remain in full force and effect.
19.02.02 Where the provisions of this Agreement are at variance with the Company regulations the former shall take precedence.
SAVINGS CLAUSES. (1) The provisions of this Treaty are without prejudice to the views of each Party relating to the delimitation and demarcation of its international boundary.
(2) The provisions of this Treaty are without prejudice to the rights under public international law of riparians of the Senqu/Orange River other than the Kingdom of Lesotho and the Republic of South Africa.
(3) This Treaty is concluded without prejudice to all existing bilateral and multilateral agreements presently in operation between the two Parties, including the Customs Union Agreement, the Trilateral Monetary Agreement between the Governments of Lesotho, Swaziland, and South Africa of 18 April 1986, and the Bilateral Monetary Agreement between the Governments of Lesotho and South Africa of 18 April 1986.
(4) South Africa shall cause ESCOM or its successors, to supply electricity to the Kingdom of Lesotho on such terms as are being or will be granted to any other comparable bulk consumer with its own generating capacity in the Republic of South Africa.
SAVINGS CLAUSES. 32.01 No provision of this Agreement shall be used to remove working conditions or reduce wages presently in effect.
32.02 Nothing herein contained shall preclude higher wages being paid to employees of special ability as determined by the Company.
32.03 Should any part hereof or any provisions herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation, or by decree of a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and such remaining portions shall continue in full force and effect.
SAVINGS CLAUSES. (a) If any court or other judicial authority determines that this Schedule is a loan transaction or a conditional sale transaction, then Lessor and Lessee agree: (1) that the original principal amount financed pursuant to this Schedule is the Lessor's Cost set forth in paragraph 3 of this Schedule; and (2) that Lessee shall pay said principal amount, together with interest at the Initial Rate set forth in paragraph 6 of this Schedule (subject to adjustment as set forth in paragraph 6 of this Schedule), by paying all rentals and other amounts due under the Schedule plus the Fixed Price set forth in paragraph 16 of this Schedule.
(b) If any court or other judicial authority determines that this Schedule is a loan transaction or a conditional sale transaction, then as collateral security for payment and performance of all Secured Obligations (defined below) and to induce Lessor to extend credit from time to time to Lessee (under the Master Lease or otherwise), Lessee hereby grants to Lessor a first priority security interest in all of Lessee's right, title and interest in the Equipment, whether now existing or hereafter acquired, and in all Proceeds (defined below), and Lessee, at its sole expense, will protect and defend Xxxxxx's first priority security interest in the Equipment against all claims and demands whatsoever. Xxxxxx agrees that Lessor shall have all rights of a secured party under the applicable Uniform Commercial Code. "Secured Obligations" means (1) all payments and other obligations of Lessee under or in connection with this Schedule, and (2) all payments and other obligations of Lessee (whether now existing or hereafter incurred) under or in connection with the Master Lease and all present and future Lease Schedules thereto, and (3) all other leases, indebtedness, liabilities and/or obligations of any kind (whether now existing or hereafter incurred, absolute or contingent, direct or indirect) of Lessee to Lessor or to any affiliate of either Lessor or BANC ONE CORPORATION. "Proceeds" means all cash and non-cash proceeds of the Equipment including, without limitation, proceeds of insurance, indemnities and/or warranties.
SAVINGS CLAUSES. If during the life of this Contract, any of the provisions contained herein are held to be invalid by operation of law or by a tribunal of competent jurisdiction or if compliance with or enforcement of any provisions should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Contract shall not be affected thereby. In the event any provision herein contained is so rendered invalid, upon written request by either party hereto; the District and the Association shall enter into collective bargaining for the purpose of negotiation a mutually satisfactory replacement for such provisions.
SAVINGS CLAUSES. A. The provisions of the applicable Schedule Agreement will apply unless specifically modified herein.
B. It is the Carrier's intent to execute a standby agreement with the Organization which represents engineers on the former St. Xxxxxx Union Terminal. Upon execution of that Agreement, said engineers will be fully covered by this Implementing Agreement as though the Organization representing them had been signatory hereto.
C. Nothing in this Agreement will preclude the use of any engineers to perform work permitted by other applicable agreements within the new seniority districts described herein, i.e., yard engineers performing Hours of Service Law relief within the road/yard zone, pool and/or ID engineers performing service and deadheads between terminals, road switchers handling trains within their zones, etc.
D. The provisions of this Agreement shall be applied to all engineers covered by said Agreement without regard to race, creed, color, age, sex, national origin, or physical handicap, except in those cases where a bona fide occupational qualification exists. The masculine terminology herein is for the purpose of convenience only and does not intend to convey sex preference.
SAVINGS CLAUSES. SECTION 1. In the event that any provisions of this Agreement are declared invalid, unlawful, or inoperative by reasons of a final order of any tribunal of competent jurisdiction, the parties may re- negotiate such provisions for the purpose of establishing an adequate replacement thereof which will most closely meet the objectives of such invalid provision, without violating such final order or judgment.
SECTION 2. In the event that any tribunal of competent jurisdiction invalidates any paragraph, section, sentence, or Article of this Agreement, all remaining provisions of this Agreement shall remain in full force and effect.
SAVINGS CLAUSES. 9.4.1 Retirements under this Article IX are subject to revision if legislation were to be enacted that increases the current known cost of the Board. In the event legislation does not cause the Board to incur a cost greater than the expected cost at the time of execution of this Agreement, then the retirement incentive shall be adjusted to achieve revenue neutrality for the Board. Such adjustments shall be agreed to by the BEA and the Board on a case-by-case basis.
