Amendment of the Agreement The Agreement is hereby amended as follows:
Terms of the Agreement Each Party shall treat the terms of this Agreement as the Confidential Information of other Party, subject to the exceptions set forth in Section 7.2. Notwithstanding the foregoing, each Party acknowledges that the other Party may be obligated to file a copy of this Agreement with the SEC, either as of the Effective Date or at some point during the Term. Each Party shall be entitled to make such a required filing, provided that it requests confidential treatment of certain commercial terms and sensitive technical terms hereof to the extent such confidential treatment is reasonably available to it. In the event of any such filing, the filing Party shall provide the other Party with a copy of the Agreement marked to show provisions for which the filing Party intends to seek confidential treatment and shall reasonably consider and incorporate the other Party’s comments thereon to the extent consistent with the legal requirements governing redaction of information from material agreements that must be publicly filed. The other Party shall promptly provide any such comments.
Amendment and Waiver The provisions of this Agreement may be amended or waived only with the prior written consent of the Company and Executive, and no course of conduct or failure or delay in enforcing the provisions of this Agreement shall affect the validity, binding effect or enforceability of this Agreement.
Modification and Amendment This Contract may be modified only by a written amendment executed by all parties hereto and approved by the appropriate officials.
Termination Amendment and Waiver 46 7.1 Termination....................................................................................46 7.2
Waiver and Amendment Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Amendment and Waivers Any term or provision of this Agreement may be amended, and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only by a writing signed by the party to be bound thereby. The waiver by a party of any breach hereof for default in payment of any amount due hereunder or default in the performance hereof shall not be deemed to constitute a waiver of any other default or any succeeding breach or default.
ASSIGNMENT AND AMENDMENT This Agreement may not be assigned by the Subadviser, and shall automatically terminate, without the payment of any penalty, in the event: (a) of its assignment, including any change in control of the Adviser or the Subadviser which is deemed to be an assignment under the 1940 Act, or (b) that the Advisory Agreement is assigned or terminates for any reason. Trades that were placed prior to such termination will not be canceled; however, no new trades will be placed after notice of such termination is received. Termination of this Agreement shall not relieve the Adviser or the Subadviser of any liability incurred hereunder. The terms of this Agreement shall not be changed unless such change is agreed to in writing by the parties hereto and is approved by the affirmative vote of a majority of the Trustees of the Trust voting in person, including a majority of the Trustees who are not interested persons of the Trust, the Adviser or the Subadviser, at a meeting called for the purpose of voting on such change, and (to the extent required by the 0000 Xxx) unless also approved at a meeting by the affirmative vote of the majority of outstanding voting securities of the Fund.
DURATION AND AMENDMENT 531 This Agreement shall continue in full force and effect to and including August 31, 2018. The Agreement shall continue in effect from year-to- year thereafter unless either party notifies the other in writing not less than one-hundred fifty (150) days prior to the expiration date that a modification or termination of the Agreement is desired. Should either party to this Agreement serve such notice upon the other party, the Employer and the Union shall meet for the purpose of negotiation and shall commence consideration of proposed changes or modifications in the Agreement not less than one-hundred twenty (120) days prior to the expiration of the Agreement. 532 If, pursuant to such negotiation, an Agreement on the renewal or modification of this Agreement is not reached prior to the expiration date, this Agreement shall expire at the expiration date unless it is extended for a specified period by mutual agreement of the parties. In witness whereof, this Agreement has been executed by the parties by their duly authorized representatives this September 2, 2016 EASTERN MICHIGAN UNIVERSITY Xxxxx X. Xxxxx, Chief Negotiator Assistant Vice President (I) Academic Human Resources Xxxx Xxxxxxxx, Associate Director Academic Human Resources Xxxx Xxxxx Assistant to V.P. Business & Finance Xxxxxxxx Xxxxxx, Interim Xxxx College of Arts and Sciences Xxxxxxxx Xxxxx Academic Human Resources Generalist Xxxxxxx Xxxxxxxx, Department Head Geography and Geology EASTERN MICHIGAN UNIVERSITY FEDERATION OF TEACHERS (EMU-FT) Xxxxxx Xxxxxx, EMUFT Co-Chief Negotiator Xxxxxx Xxxxx-Xxxx, EMUFT Co-Chief Negotiator Xxxx Xxxxxxx, President EMUFT Xxxxx Xxxxxxxx, Michigan Field Rep. American Federation of Teachers Xxxxx Xxxxxx, Lecturer Sociology, Anthropology, Criminology Appendix A Memorandum of Understanding By and Between Eastern Michigan University and the Eastern Michigan University Federation of Teachers Joint Committee on Course Equivalencies It is hereby understood and agreed between Eastern Michigan University and the EMUFT that a joint committee on course releases and equivalencies relevant to Full-time Lecturers will be formed to study the factors for which equivalency credit (towards meeting the contractual credit hour norm) may be awarded, as described in the Workload article of the Agreement. A committee consisting of an equal number of members from the EMUFT and administrators selected by the Xxxxxxx and Vice President for Academic and Student Affairs shall be formed no later than January 31, 2017. The parties will each designate a co-chair from their respective committee members. The joint committee is charged with: • Gathering data about the teaching loads assigned to Full-time Lecturers including the provision of equivalency credit, released time, and overload teaching assignments. • Gathering data on the process by which equivalency credit, released time and overload assignments are provided in each department and/or in consultation with the Deans. • Analyzing this data and providing their findings to the President of the EMUFT and the Xxxxxxx and Vice President for Academic and Student Affairs by no later than March 31, 2018. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the EMUFT, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. Agreed to and accepted the 31st day of August, 2016. Xxxxx Xxxxx Xxxxxx Xxxxxx EMU Administration Chief Negotiator EMUFT Co-Chief Negotiator Xxxxxx Xxxxx-Xxxx EMUFT Co-Chief Negotiator Appendix B Memorandum of Understanding By and Between Eastern Michigan University and the Eastern Michigan University Federation of Teachers Joint Committee on FTL Promotion Recommendation Summary Form A committee consisting of an equal number of members from the EMUFT and administrators selected by the Xxxxxxx and Vice President for Academic and Student Affairs shall be formed no later than November 1, 2016. The parties will each designate a co-chair from their respective committee members. The joint committee is charged with recommending revisions to the current Full- Time Lecturer Recommendation Summary Form to reflect this Agreement. Recommendations of the committee will be forwarded to the Xxxxxxx and Executive Vice President for Academic and Student Affairs by January 15, 2017. It is further specifically understood and agreed by the parties to this Agreement that the provisions stated above are consistent with the Collective Bargaining Agreement between EMU and the EMUFT, and therefore, that the provisions herein will not alter, modify, or otherwise establish precedent for future interpretation or application of that Agreement. Agreed to and accepted the 31st day of August, 2016. Xxxxx Xxxxx Xxxxxx Xxxxxx EMU Administration Chief Negotiator EMUFT Co-Chief Negotiator Appendix C Memorandum of Understanding By and Between Eastern Michigan University and the Eastern Michigan University Federation of Teachers Professional Development Support The University shall adopt a program of Full-time Lecturer Professional Development Support in direct support of activities designed to enhance Employees’ delivery of instruction. Beginning in Winter 2017, a joint committee consisting of an equal number of members from the EMUFT (on behalf of the Full-time Lecturers) and administrators selected by the Xxxxxxx and Vice President for Academic and Student Affairs will meet for the purpose of establishing guidelines, application requirements, and deadline dates for Full-time Lecturer Professional Development Support. Funding for the Full-time Lecturer Professional Development Support shall be $10,000 in academic year 2017-18. Funds will be administered by the Xxxxxxx and Executive Vice President of Academic and Student Affairs. Agreed to and accepted the 2nd day of September, 2016. _ Xxxxx Xxxxx Xxxxxx Xxxxxx
Amendment to the Agreement The Agreement is hereby amended as follows:
