Common use of TERM AND SEPARABILITY OF PROVISIONS Clause in Contracts

TERM AND SEPARABILITY OF PROVISIONS. 15.1 The term of this Agreement shall be July 1, 2017 to June 30, 2020. 15.2 All provisions of this Agreement shall be applicable to the entire term of this Agreement notwithstanding its execution date, except as provided in the following section. 15.3 This Agreement may be reopened and modified at any time during its term upon mutual written consent of the College and the Association. The parties may each identify five (5) sections of this contract in each year of the agreement. 15.4 This Agreement shall be reopened as necessary to consider the impact of legislation enacted following the execution of this Agreement which affects the terms and conditions herein. All contract modifications will be in conformance with state legislative action and the attending Washington Administrative Codes and, if found not in conformance by government regulatory agencies or a court of law, the provisions in question shall be deemed invalid and proper modifications and necessary adjustments shall be made to bring the College into conformance. Also, collective bargaining may be initiated at the request of either party to adjust, where necessary, contract language to reflect the adjustments that have been necessary to bring the College into compliance with the law. 15.5 If any provision of this Agreement or the application of any such provision is held invalid, the remainder of this Agreement shall not be affected. Such provision shall be subject to negotiation pursuant to a written request by either party. 15.6 This Agreement constitutes the negotiated agreements between the employer and the Association and supersedes any previous agreements or understandings, whether oral or written, between the parties. In addition, this Agreement supersedes any rules, regulations, policies, resolutions or practices of the employer which shall be contrary to or inconsistent with its terms. 15.7 Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. 15.8 The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for negotiations. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, the employer and the Association for the duration of this Agreement each voluntarily and unqualifiedly agree to waive the right to oblige the other party to negotiate with respect to any subject or matter covered or not covered in this Agreement unless mutually agreed otherwise.

TERM AND SEPARABILITY OF PROVISIONS. 15.1 Section 23.1 The term of this Agreement shall be July 1, 2017 2020, to June 30, 2020.2023. Negotiations between the parties on a successor Agreement shall begin at least sixty 15.2 Section 23.2 All provisions of this Agreement shall be applicable to the entire term of this Agreement notwithstanding its execution date, except as provided in the following section. 15.3 This Agreement may be reopened and modified at any time during its term upon mutual written consent of the College and the Association. The parties may each identify five (5) sections of this contract in each year of the agreement. 15.4 This Agreement shall be reopened as necessary to consider the impact of legislation enacted following the execution of this Agreement which affects the terms and conditions herein. All contract modifications will be in conformance with state legislative action and the attending Washington Administrative Codes and, if found not in conformance by government regulatory agencies or a court of law, the provisions in question shall be deemed invalid and proper modifications and necessary adjustments shall be made to bring the College into conformance. Also, collective bargaining may be initiated at the request of either party to adjust, where necessary, contract language to reflect the adjustments that have been necessary to bring the College into compliance with the law. 15.5 If any provision of this Agreement or the application of any such provision is held invalid, the remainder of this Agreement shall not be affected. Such provision shall be subject to negotiation pursuant to a written request by either party. 15.6 This Agreement constitutes the negotiated agreements between the employer and the Association and supersedes any previous agreements or understandings, whether oral or written, between the parties. In addition, this Agreement supersedes any rules, regulations, policies, resolutions or practices of the employer which shall be contrary to or inconsistent with its terms. 15.7 Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. 15.8 Section 23.3 The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for negotiations. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, the employer College and the Association for the duration of this Agreement each voluntarily and unqualifiedly agree to waive the right to oblige the other party to negotiate with respect to any subject or matter covered or not covered in this Agreement unless mutually agreed otherwise. Section 23.4 This Agreement expressed herein in writing constitutes the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. Section 23.5 It is the belief of both parties that all provisions of this Agreement are lawful. If any section of this Agreement should be found contrary to existing law by court decision, the remainder of the Agreement shall not be affected thereby and the parties shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement of such section. Section 23.6 In the event either of the two (2) previous sections are determined to apply to any provision of this Agreement, such provision shall be renegotiated pursuant to Section 23.3. Section 23.7 This Agreement constitutes the negotiated Agreement between the College and the Association and supersedes any previous Agreements or understandings, whether oral or written, between the parties. In addition, this Agreement supersedes any rules, regulations, policies, resolutions, or practices of the College that shall be contrary to or inconsistent with its terms. 29 June 2020 29 June 2020

TERM AND SEPARABILITY OF PROVISIONS. 14 15.1 The term of this Agreement shall be July 1, 2017 2014 to June 30, 20202017. 16 15.2 All provisions of this Agreement shall be applicable to the entire term of this Agreement 17 notwithstanding its execution date, except as provided in the following section. 19 15.3 This Agreement may be reopened and modified at any time during its term upon mutual written 20 consent of the College and the Association. The parties may each identify five (5) sections of 21 this contract in each year of the agreement. 23 15.4 This Agreement shall be reopened as necessary to consider the impact of legislation enacted 24 following the execution of this Agreement which affects the terms and conditions herein. All 25 contract modifications will be in conformance with state legislative action and the attending 26 Washington Administrative Codes and, if found not in conformance by government regulatory 27 agencies or a court of law, the provisions in question shall be deemed invalid and proper 28 modifications and necessary adjustments shall be made to bring the College into conformance. 29 Also, collective bargaining may be initiated at the request of either party to adjust, where 30 necessary, contract language to reflect the adjustments that have been necessary to bring the 31 College into compliance with the law. 33 15.5 If any provision of this Agreement or the application of any such provision is held invalid, the 34 remainder of this Agreement shall not be affected. Such provision shall be subject to 35 negotiation pursuant to a written request by either party. . 37 15.6 This Agreement constitutes the negotiated agreements between the employer and the 38 Association and supersedes any previous agreements or understandings, whether oral or 39 written, between the parties. In addition, this Agreement supersedes any rules, regulations, 40 policies, resolutions or practices of the employer which shall be contrary to or inconsistent with 41 its terms. 43 15.7 Agreement expressed herein in writing constitutes the entire Agreement between the parties 44 and no oral statement shall add to or supersede any of its provisions. 46 15.8 The parties acknowledge that each has had the unlimited right and opportunity to make 47 demands and proposals with respect to any matter deemed a proper subject for negotiations. The results of the exercise of that right and opportunity are set forth in this Agreement. Therefore, the employer and the Association for the duration of this Agreement each voluntarily and unqualifiedly agree to waive the right to oblige the other party to negotiate with respect to any subject or matter covered or not covered in this Agreement unless mutually agreed otherwise.

TERM AND SEPARABILITY OF PROVISIONS. 15.1 Section 17.1 The term of this Agreement agreement shall be July September 1, 2017 2018 to June 30August 31, 20202021. 15.2 All provisions Section 17.2 This agreement may be reopened annually for review of this Agreement shall be the district contribution to the benefit pool by request of the Association. In the event the legislature increases or decreases District revenue formulas applicable to funding (including, but not limited to, levy capacity, levy equalization, the entire term inflationary index, regionalization or salary compliance), or amends the manner in which such funds may be used, the parties agree to reopen this agreement at the written request of the District or Association to negotiate the impact of such legislative actions. Additionally, the parties agree to reopen this Agreement notwithstanding its execution date, except as provided agreement at the written request of the District or Association in the following section. 15.3 This Agreement event of a local levy failure or in the event the state implements a state based benefit program (i.e. SEBB). In addition the agreement may be reopened and modified at any time during its term upon mutual written consent of the College and the Association. The parties may each identify five (5) sections of this contract in each year of the agreementwriting. 15.4 This Agreement shall be reopened as necessary to consider the impact of legislation enacted following the execution of this Agreement which affects the terms and conditions herein. All contract modifications will be in conformance with state legislative action and the attending Washington Administrative Codes and, if found not in conformance by government regulatory agencies or a court of law, the provisions in question shall be deemed invalid and proper modifications and necessary adjustments shall be made to bring the College into conformance. Also, collective bargaining may be initiated at the request of either party to adjust, where necessary, contract language to reflect the adjustments that have been necessary to bring the College into compliance with the law. 15.5 Section 17.3 If any provision of this Agreement agreement or the application of any such provision is held deemed invalid, the remainder of this Agreement agreement shall not be affected. Such affected thereby. Section 17.4 Neither party shall be compelled to comply with any provision of this agreement which conflicts with state or federal statutes or regulations promulgated pursuant thereto. Section 17.5 In the event either of the two (2) previous sections is determined to apply to any provision of this agreement, such provision shall be subject renegotiated. Signature Page Adopted by the Board of Directors this day of , and recorded in the records of the District as of this date. FOR THE NORTH KITSAP SCHOOL FOR PUPIL TRANSPORTATION BOARD OF DIRECTORS PERSONNEL/ASSOCIATION Xxxx Xxxxxxxxxxx – President Xxxxx Xxxxxx – President Xxxx Xxxxxxx – Vice President Xxxxx Xxxxxxxxx Xxx Xxxxxx Xxxxxxxx Ajax-Xxxxxx Xxxx Xxxxxx Xxxxxxxxx X’Xxxxxx Xxxxx Xxxxxxx-Xxxxxxxxx Xxxxxxx Xxxxxx The concept of “due process” (as mentioned in Article X, Section 1) requires that there be fundamental fairness in decisions related to negotiation pursuant the discipline and discharge of employees. Arbitrators have articulated many definitions and explanations of “due process” over the years, including but not limited to a written request by either party.the following tests: 15.6 This Agreement constitutes the negotiated agreements between 1. Did the employer give the employee forewarning or foreknowledge of possible or probable disciplinary consequences of the employee’s conduct? 2. Was the employer’s rule or managerial order reasonably related to the orderly, efficient, and safe operation of business? 3. Did the Association employer, before administering discipline to an employee, make an effort to discover whether the employee did in fact violate or disobey a rule or order of management? 4. Was the employer’s investigation conducted fairly and supersedes any previous agreements objectively? 5. At the investigation, did the ‘judge’ obtain substantial evidence or understandings, whether oral or written, between proof that the partiesemployee was guilty as charged? 6. In addition, this Agreement supersedes any Has the employer applied its rules, regulationsorders, policies, resolutions or practices and penalties evenhandedly and without discrimination to all employees? 7. Was the degree of discipline administered by the employer in a particular case reasonably related to (a) the seriousness of the employer which shall be contrary to or inconsistent with its terms. 15.7 Agreement expressed herein in writing constitutes employee’s proven offense and (b) the entire Agreement between the parties and no oral statement shall add to or supersede any of its provisions. 15.8 The parties acknowledge that each has had the unlimited right and opportunity to make demands and proposals with respect to any matter deemed a proper subject for negotiations. The results record of the exercise employee in his or her service with the employer? Name Department Job Title Length of Service What was your main reason for leaving North Kitsap? Check all that right and opportunity are set forth in this Agreement. Therefore, the employer and the Association for the duration of this Agreement each voluntarily and unqualifiedly agree to waive the right to oblige the other party to negotiate with respect to any subject or matter covered or not covered in this Agreement unless mutually agreed otherwiseapply.