SEPARABILITY AND DURATION Sample Clauses

SEPARABILITY AND DURATION. The term of this MEMORANDUM OF UNDERSTANDING shall be effective on signature by the employer and the union and shall remain in full force and effect to and including 12 o clock, midnight, November 20,2003, and for such a period as the National Agreement may be extended.
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SEPARABILITY AND DURATION. Should any part of the “Memorandum of Understanding” or any provisions contained herein be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by court of competent jurisdiction, such invalidation of such part or provision of this “Memorandum of Understanding” shall not invalidate the remaining portions of this “Memorandum of Understanding” and they shall remain in force and effect.
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SEPARABILITY AND DURATION. The term of this MEMORANDUM OF UNDERSTANDING shall be effective on signature by the employer and the union and shall remain in full force and effect to and including 12 o clock, midnight, November 20,2003, and for such a period as the National Agreement may be extended. Should any item of this Local Implementation be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a court of competent jurisdiction or invalidation through Regional and/or National action, such invalidation of such part or provisions shall not invalidate the remaining provisions of the Local Implementation, and they shall remain in full force and effect
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SEPARABILITY AND DURATION. Section 1. Separability (A) The working agreement together with the Local Memorandum of Understanding constitutes the entire agreement between the parties and correctly expresses all of the rights and obligations of the parties except for those specific subjects which the parties have formally agreed to continue negotiating after the Working Agreement and the Memorandum of Understanding is concluded. The parties acknowledge that each had the opportunity to make demands and proposals with respect to all collective bargaining subjects. Each party agrees that for the life of this Working Agreement and Memorandum of Understanding the other party shall not be obligated to bargain with respect to any subject not covered in the Working Agreement or in the Local Memorandum of Understanding as a subject for continued negotiation during the term of this Agreement. (B) Should any part to this Working Agreement or Memorandum of Understanding or any provision contained herein be rendered or declared invalid by reason of conflict with the National Agreement or of any existing or subsequent enacted legislation or by a court of competent jurisdiction, such invalidation of such part of provision of this Working Agreement or Memorandum of Understanding shall not invalidate the remaining portion of the Working Agreement or Memorandum of Understanding and they shall remain in full force and effect. (C) By entering into this Working Agreement or Memorandum of Understanding, the employer does not in any way accept any concept or express any view regarding internal union procedures which are not properly determined by collective bargaining and are matters properly regulated by methods outside of that process. (D) The employer agrees that when negotiable items presently under dispute at the National level between the United States Postal Service and the American Postal Workers Union are declared negotiable, they will be locally negotiated as instructed. (E) This agreement shall be in effect May 21, 2015 and shall remain in full force and effect to and including 12:00 midnight September 20, 2018, and unless either party desires to terminate, extend, or modify it for specific periods. The party demanding such termination or modification must serve written notice of such intent to the other party not less than ninety (90) or more than one hundred and twenty (120) days before the expiration date of this agreement.
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SEPARABILITY AND DURATION. Any provision of this Agreement deemed illegal or invalid in part or in whole by any court or government agency of competent jurisdiction shall not invalidate the entire Agreement or any other part or portion of the Agreement. Either party can initiate a renegotiation of the invalidated provision if permissible by law. The Agreement shall be binding and effective as of the date of ratification by both parties and shall expire on August 31, 2024, and thereafter automatically renew from year to year unless no greater than 90 nor fewer than 60 calendar days prior to any expiration date either party notifies the other in writing of its desire to renegotiate this Agreement. The parties may mutually agree, in writing, to begin negotiations for a renewal agreement earlier than 90 days before expiration.
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SEPARABILITY AND DURATION. Section 42.01.
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SEPARABILITY AND DURATION. The term of this MEMORANDUM OF UNDERSTANDING shall be effective on signature by the employer and the union and shall remain in full force and effect to and including 12 o’clock, midnight, November 20, 2003, and for such a period as the National Agreement may be extended. Should any item of this Local Implementation be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by a court of competent jurisdiction or invalidation through Regional and/or National action, such invalidation of such part or provisions shall not invalidate the remaining provisions of the Local Implementation, and they shall remain in full force and effect. Xxx Xxxxxx Xxxxxxx X. Xxxxxxx Postmaster President Glenwood Springs, CO Xxxxxxx Xxxxxxxx Xxxx Xxxxx, 00000 American Postal Workers Union, AFL-CIO The following issues were discussed and agreements reached which resulted in the APWU withdrawing proposals for the Glenwood Springs Local Memorandum of Understanding.
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SEPARABILITY AND DURATION. This Memorandum of Understanding should continue in full force and effect for the duration of the National Agreement, or be extended as determined by the parties to the National Agreement. The parties may only challenge provisions of this LMOU as being inconsistent or in conflict with the National Agreement as provided in Article 30.C of the National Agreement.
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SEPARABILITY AND DURATION 
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Related to SEPARABILITY AND DURATION

  • SEPARABILITY AND SAVINGS CLAUSE Section 1. In the event that any provision of this Agreement shall at any time be declared invalid by any court of competent jurisdiction, the decision shall not invalidate the entire Agreement, it being the express intention of the parties that all other provisions shall remain in full force and effect. Section 2. In the event that any provision of this Agreement is held invalid, as set forth above, the parties shall enter into negotiations for the purpose of arriving at a mutually satisfactory replacement for the provision held invalid.

  • SEPARABILITY AND SAVINGS If any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be invalid by operation of law or by a court or other tribunal of competent jurisdiction, such provision shall be inoperative but all other provisions shall not be affected thereby and shall continue in full force and effect.

  • Separability Clause In case any provision in this Indenture or in the Securities shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

  • Severability and Governing Law If any covenants or such other provisions of this Agreement are found to be invalid or unenforceable by a final determination of a court of competent jurisdiction: (a) the remaining terms and provisions hereof shall be unimpaired, and (b) the invalid or unenforceable term or provision hereof shall be deemed replaced by a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision hereof. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PRINCIPLES THEREOF) APPLICABLE TO CONTRACTS MADE AND TO BE PERFORMED ENTIRELY WITHIN SUCH STATE.

  • Severability and Survival To the extent any provision of this paragraph 28 is found to be unenforceable, it will be severed so the parties’ intent to arbitrate will survive and arbitration will proceed without such provision . All of the terms and provisions of this paragraph 28 will survive the termination or expiration of this Agreement.

  • SEVERABILITY AND VALIDITY The various provisions of this Agreement are severable, and if any one or more provisions are determined to be illegal or otherwise unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable.

  • Separability In case any provision in this Indenture or in the Notes shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

  • Severability and Construction Nothing in this Agreement is intended to require or shall be construed as requiring the Company to do or fail to do any act in violation of applicable law. The Company’s inability, pursuant to a court order, to perform its obligations under this Agreement shall not constitute a breach of this Agreement. In addition, if any portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by applicable law. The parties hereto acknowledge that they each have opportunities to have their respective counsels review this Agreement. Accordingly, this Agreement shall be deemed to be the product of both of the parties hereto, and no ambiguity shall be construed in favor of or against either of the parties hereto.

  • Separability of Provisions Each provision of this Agreement shall be considered separable and if for any reason any provision or provisions herein are determined to be invalid, unenforceable or illegal under any existing or future law, such invalidity, unenforceability or illegality shall not impair the operation of or affect those portions of this Agreement which are valid, enforceable and legal.

  • LIMITATION OF LIABILITY AND REMEDIES Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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