Section 20. 2 shall not apply to any Proprietary Information which the Receiving Party can establish to have:
(a) been disclosed by the Receiving Party with the Disclosing Party's prior written consent;
(b) become generally available to the public other than as a result of disclosure by a Receiving Party;
(c) been independently developed by a Receiving Party by an individual who has not had knowledge of or direct or indirect access to such Proprietary Information;
(d) been rightfully obtained by the Receiving Party from a third person without knowledge that such third person is obligated to protect its confidentiality; provided that such Receiving Party has exercised commercially reasonable efforts to determine whether such third person has any such obligation; or
(e) been obligated to be produced or disclosed by Applicable Law; provided that such production or disclosure shall have been made in accordance with Section 20.3.
Section 20. 1. Accrual Full-time bargaining unit employees shall be entitled to vacation leave 29 with pay after one (1) year of continuous service with the Employer. The amount of vacation leave 30 to which an employee is entitled is based upon the length of continuous service as follows:
Section 20. 1.1 (Continue Lease) is deleted in its entirety and the following substituted in lieu thereof:
Section 20. 1.1.
2 Temporary positions exist when:
4 A. A regular employee is on a leave of absence for three (3) months or more.
5 B. Enrollment stability is uncertain.
6 C. Pilot programs (funding situations).
7 D. Extenuating circumstances created by legal issues. 9 Section 20.2. 10 Temporary positions are temporary and may end when the need for a particular position no longer 11 exists. 13 Section 20.3. 14 Temporary employees are not subject to layoff protection or recall rights under the layoff provision.
Section 20. 2. 29 Neither Party shall be compelled to comply to any provision of this Agreement which conflicts with 30 State or Federal statutes or regulations promulgated pursuant thereto. 32 Section 20.3. 33 In the event either of the foregoing sections is determined to apply to any provision of this Agreement, 34 parties agree to renegotiate the affected provision by holding a meeting within thirty (30) days after 35 such determination has been made. SCHEDULE A – 23/24 | SPECIALISTS SEPTEMBER 1, 2023 – AUGUST 31, 2024 *A Signer/Interpreter who has earned a score of at least 4.0 on the Educational Interpreter Performance Assessment would be eligible to move in the month following completion and notice to the District of the degree/test. A Signer/Interpreter who has national certification would be eligible to move upon completion and notice to the District of the certification. Grandfather Clause: Any EIPA 3.5+ Signer/interpreter hired prior to the 2023-2024 school year and currently on what is now the 4.0 step will maintain their step until advancement. After completing the 5th, 10th, 15th, and 20th year of service, employees shall be paid two percent (2%) above scale.
Section 20. This Agreement is subject to all applicable federal laws and Chapter 4117 of the Ohio Revised Code and shall be interpreted whenever possible so as to comply fully with such laws. In accordance with the provisions of Ohio Revised Code Section 4117.10(A), all provisions listed in the table of contents of this Agreement are intended to supersede and/or prevail over conflicting subjects found in O.R.C. Sections 124.01 through 124.56, and the Rules and Regulations of the Civil Service Commission of the City of Vermilion.
Section 20. 2.1 shall not be construed to limit Contractor’s other obligations or liabilities under this Agreement (including (i) its obligations to complete the Work for the compensation provided under this Agreement, (ii) its obligations to achieve the Milestone Dates, Mechanical Completion, Substantial Completion and Final Completion of the Project subject to Section 20.2.1, which shall remain effective irrespective of this Section 20.2.1 and (iii) its obligations with respect to Minimum Acceptance Criteria and Warranties), nor shall the limits specified in this Section 20.2 apply in the event of fraud, abandonment of the Work, gross negligence or willful misconduct of Contractor.
Section 20. 01: All new hires of the Public Works Department and all current employees 2 of the Public Works Department who currently participate in the plan will automatically be 3 participating members of the Plan.
Section 20. 07. In event of conflict with Trust Indenture Act of 1939, provisions therein to control............................ SECTION 20.08. Company may limit and thereafter decrease amount to be secured by this Indenture................................ SECTION 20.09. Request, notices, etc. to Corporate Trustee....................................... SECTION 20.10.
Section 20. 1.1.
28 A regular daily shift means an A.M. and a P.M. route. If there are thirty (30) minutes or less 29 between assignments, the base hourly rate shall continue uninterrupted. If there are more than 30 thirty (30) minutes between assignments, the base hourly rate shall cease at the conclusion of 31 the assignment, providing the assignment ends at the bus garage and will commence at the 32 beginning of the next assignment. 34 Section 20.1.2. 35 Fifteen (15) minute rest periods shall be scheduled consistent with this Section.
