Suspension of Limited Contracts Sample Clauses

Suspension of Limited Contracts. Hard and fast rules cannot be applied in determining the extent to which reductions are necessary or for determining which limited contract support teachers are affected. As reflected in section 22.02, and pursuant to R.C. 3319.17, seniority will play a role in determining the order in which reductions in staff are made when deciding between support teachers who have comparable evaluations. Comparable evaluations will be based upon a rolling average of the final summative ratings up to three years as available. In accomplishing reduction in staff, the concern has been and must continue to be the welfare of the students in the school district. In addition to evaluations, the following criteria will be used to determine which support teachers will be affected by staff reduction, not necessarily in order listed:
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Suspension of Limited Contracts. If further reductions are necessary, the Board shall proceed to suspend contracts in accordance with the recommendations of the Superintendent of Schools who shall, within each teaching field affected, give preference to teachers on continuing contracts, with the ultimate determination made based upon teacher performance as determined pursuant to Article VII of this Agreement. For purposes of this Agreement, the term “teaching field affected” shall mean affected areas of instruction as determined by areas of licensure issued by the Ohio Department of Education. Teachers who possess multiple licensure areas and who have more seniority in licensure areas that are not affected by reduction in force shall be transferred to other positions for which they are qualified, by seniority of limited and continuing contract status. Seniority shall only be a factor in determining reduction in force when the performance of two (2) or more teachers within a teaching field (giving preference to teachers on continuing contracts) is comparable. For purposes of this provision, “comparable” shall be determined using a minimum of two (2) years of OTES evaluations, excluding 2012- 2013 evaluation data.
Sample 1Sample 2
Suspension of Limited Contracts. Hard and fast rules cannot be applied in determining the extent to which reductions are necessary or for determining which limited contract teachers are affected. Seniority, for example, can and should play a legitimate role in determining the order in which reductions in staff are made, but it is not the only criterion. In accomplishing reduction in staff, the concern has been and must continue to be the welfare of the students in the school district. The following criteria will be used to determine which teachers will be affected by staff reduction, not necessarily in order listed:
Sample 1

Related to Suspension of Limited Contracts

  • Suspension of Agreement SCEA may suspend this Agreement, entirely or with respect to a particular Licensed Product or program, for a set period of time which shall be specified in writing to Publisher upon the occurrence of any breach of this Agreement.

  • Exclusion of applications on preliminary points of law Any recourse to any Court for the determination of a preliminary point of law arising in the course of the arbitration proceedings is excluded.

  • Survival of Representations, Warranties and Covenants The representations, warranties and covenants of the Company, Parent and Merger Sub contained in this Agreement will terminate at the Effective Time, except that any covenants that by their terms survive the Effective Time will survive the Effective Time in accordance with their respective terms.

  • WARRANTY DISCLAIMER; LIMITATION OF LIABILITY THE SERVICES AND SOFTWARE PROVIDED BY PLAYON ARE PROVIDED “AS IS.” PLAYON MAKES NO WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT DAMAGES, INCLUDING CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES WHATSOEVER ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE RIGHTS OR OBLIGATIONS OF THE PARTIES HEREUNDER WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND WHETHER BASED ON A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. IN ADDITION, AND NOTWITHSTANDING ANY OTHER PROVISION IN THE AGREEMENT, PLAYON’S MAXIMUM LIABILITY (FOR ALL CLAIMS IN THE AGGREGATE) TO SCHOOL UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO SCHOOL UNDER THIS AGREEMENT. THE LIMITATION IN THE IMMEDIATELY PRECEDING SENTENCE DOES NOT APPLY TO (I) PLAYON’S OR ITS PERSONNEL’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT RESULTING IN PROPERTY DAMAGE, PERSONAL INJURY OR DEATH; OR (II) PLAYON’S OBLIGATION TO INDEMNIFY SCHOOL FOR THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.

  • Disclaimers; Limitation of Liability 3.1. Section 7.1 of the MSA shall be deleted and replaced with the following: “7.1

  • Disclaimer of Warranties; Limitation of Liability The limited warranties provided herein are the exclusive warranties given by Hydrow and supersede any prior, contrary or additional representations, whether oral or written. ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO ANY PARTS DESCRIBED ABOVE ARE LIMITED IN DURATION TO THE PERIODS OF EXPRESS WARRANTIES GIVEN ABOVE FOR THOSE SAME PARTS. HYDROW HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER, EXCEPT TO THE EXTENT PROHIBITED BY LAW. HYDROW ALSO HEREBY DISCLAIMS AND EXCLUDES ALL OTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY PRODUCT, INCLUDING BUT NOT LIMITED TO: (A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF HYDROW OR ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY EQUIPMENT. This disclaimer and release shall apply even if the express warranty set forth above fails of its essential purpose. IN NO EVENT WILL HYDROW, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY OR THE PURCHASE, USE, REPAIR OR MAINTENANCE OF EQUIPMENT OR PARTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, ECONOMIC LOSS, LOSS OF PROPERTY OR PROFITS, LOSS OF ENJOYMENT OR USE, OR OTHER CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER. CREW SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY INCURRED DURING, OR AS A RESULT OF, ANY REPAIR OR ATTEMPTED REPAIR OF EQUIPMENT BY ANYONE OTHER THAN A HYDROW AUTHORIZED SERVICE TECHNICIAN. THE FOREGOING LIMITATIONS DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. You agree that the above limitations of liability together with the other provisions in this Warranty that limit liability are essential terms of this Warranty and that Hydrow would not be willing to grant you the rights set forth in this Warranty but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Hydrow to grant you the rights set forth in this Warranty.

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