Common use of SCOPE OF THIS MEMORANDUM OF UNDERSTANDING Clause in Contracts

SCOPE OF THIS MEMORANDUM OF UNDERSTANDING. The parties acknowledge that during the meetings which preceded this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU. Therefore, for the life of this MOU, the City and the Union voluntarily and unqualifiedly waive the rights and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter not referred to or covered in this MOU, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they met and signed this MOU. Notwithstanding the foregoing, however, in the event any portion of this MOU is declared null and void by superseding Federal, State or City law, the balance of this MOU shall continue in full force and effect, and the parties shall immediately commence the meet-and-confer process to ensure that the superseded portions shall be rewritten to conform as nearly as possible to the original intent. The City further reserves the right to consider required organizational and operational changes in the economical and efficient operation of the Department, whenever existing or future statutes bring about additional monetary costs. Nothing in the foregoing shall prevent the parties to this agreement from meeting- and-conferring during the term of this MOU in matters of mutual concern. Such meeting-and-conferring shall be established and continued by mutual consent only. If, after meeting-and-conferring between the management representatives and the majority employee representatives, no agreement has been reached, such items under discussion shall remain unchanged.

SCOPE OF THIS MEMORANDUM OF UNDERSTANDING. ‌ The parties acknowledge that during the meetings which preceded this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this MOU. Therefore, for the life of this MOU, the City and the Union voluntarily and unqualifiedly waive the rights and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter not referred to or covered in this MOU, even though such subjects or matters may not have been within the knowledge or contemplation of either or both parties at the time they met and signed this MOU. Notwithstanding the foregoing, however, in the event any portion of this MOU is declared null and void by superseding Federal, State or City law, the balance of this MOU shall continue in full force and effect, and the parties shall immediately commence the meet-and-confer process to ensure that the superseded portions shall be rewritten to conform as nearly as possible to the original intent. The City further reserves the right to consider required organizational and operational changes in the economical and efficient operation of the Department, whenever existing or future statutes bring about additional monetary costs. Nothing in the foregoing shall prevent the parties to this agreement from meeting- and-conferring during the term of this MOU in matters of mutual concern. Such meeting-and-conferring shall be established and continued by mutual consent only. If, after meeting-and-conferring between the management representatives and the majority employee representatives, no agreement has been reached, such items under discussion shall remain unchanged.