THE PARTIES FURTHER AGREE. This Settlement Agreement constitutes the full and final settlement of all legal and equitable claims that the grievants had or may have had against the WSPTA, State of Washington, the WSP, its officers, agents, and employees, in their official and individual capacities, as a result of Grievance 38-01-02;
THE PARTIES FURTHER AGREE. 1. This Agreement constitutes full and final settlement of all legal and equitable claims or potential claims that TEAMSTERS LOCAL 117 has or may have had against the DEPARTMENT OF CORRECTIONS, the STATE OF WASHINGTON, its officers, agents, and employees arising out of or relating to the unfair labor practice complaint filed with the Public Employment Relations Commission, PERC Case No. 131934-U-19 and Demand to Bargain No. 10-092.
2. This Agreement and the parties’ mutual obligations under this agreement do not constitute an admission by any party as to the validity of any claims or defenses of any other party.
3. This Agreement is not precedent setting and does not establish a practice.
4. This Agreement may be released with or without authorization if required by lawful subpoena, by the rules of civil discovery, by judicial order, by applicable laws governing union requests for information or disclosure of public documents, or as necessary during the course of litigation.
5. This Agreement shall become effective on the date of the final signature of the parties and their authorized representatives and constitutes the full and entire agreement of the parties and resolution of all disputes that may exist between the parties, except as specifically noted within this Agreement. There are no written or oral representations, understandings, promises, or agreements directly or indirectly related to this Agreement that are not incorporated herein in full.
6. If any part of this Agreement is unenforceable for any reason, the remainder of the Agreement shall remain in full force and effect.
7. The parties acknowledge they have read this Agreement and fully understand the terms and conditions contained herein and have had a full and fair opportunity to obtain any advice that they deem necessary prior to signing this Agreement.
8. A photocopied or electronic signature to this Agreement shall be given effect as if it were an original signature.
THE PARTIES FURTHER AGREE a. The PARTIES shall make a full faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, and informing their respective administrators, agency heads, and/or governing bodies.
b. The PARTIES shall fund the cost of the preparation and delivery of the PLANS and pay the CITY OF ARCADIA for the preparation and delivery of the PLANS based on the cost allocation set forth in Table 2 of Exhibit A within 60 days of receiving an invoice.
THE PARTIES FURTHER AGREE. 1. This Agreement constitutes full and final settlement of all legal and equitable claims or potential claims that WFSE has or may have had against the State of Washington, DCYF, its officers, agents and employees, including issues arising out of or relating to Group A Assignment Pay for Reference 77B for the SSS2s in- training, and disputes concerning the occurrence of an overpayment.
2. This Agreement and the parties’ mutual obligations under this Agreement do not constitute an admission by any party as to the validity of any claims or defenses of any other party.
3. That the sole remedy for any alleged breach of this Agreement is an action for specific performance brought in Thurston County Superior Court.
4. This Agreement may be released with or without authorization if required by lawful subpoena, by the rules of civil discovery, by judicial order, by applicable laws governing union requests for information or disclosure of public documents, or as necessary during the course of litigation.
5. This Agreement is not precedent setting and does not establish a practice.
6. This Agreement shall become effective on the date of the final signature of the parties and their authorized representatives and constitutes the full and entire agreement of the parties and resolution of all disputes that may exist between the parties, except as specifically noted within this Agreement. There are no written or oral representations, understandings, promises, or agreements directly or indirectly related to this Agreement that are not incorporated herein in full. Settlement Agreement WFSE vs. Department of Children, Youth and Families Re: Group A Assignment Pay for Reference 77B for SSS2s in-training Page 2 of 3
7. If any part of this Agreement is unenforceable for any reason, the remainder of the Agreement shall remain in full force and effect.
8. A photocopied signature to this agreement shall be given effect as if it were an original signature.
THE PARTIES FURTHER AGREE. 1. By Beneficiary's acceptance of this All-Inclusive Deed of Trust, Beneficiary agrees that, provided Trustor is not in default on the Secured Note, Beneficiary shall pay all installments of principal and interest which become due under the terms of the Senior Note(s). In the event Trustor shall be in default on the Secured Note, Beneficiary's obligation under the Senior Note(s) is deferred until the default under the Secured Note is cured. Should the Beneficiary default in any of the installments as to the payment on the Senior Note(s) at a time when Trustor is not in default in the performance of the obligations of the Trustor under the Secured Note or this All-Inclusive Deed of Trust, the Trustor may make said payments directly to the holder of such Senior Note(s); any and all payments so made shall be credited to the Secured Note against the next succeeding installments of principal and interest. Nothing contained herein shall be construed to create a third party beneficiary relationship between the Beneficiary and any other person.
2. Notwithstanding any convenants contained in the Senior Note(s) or Deed(s) of Trust securing same, Beneficiary shall have no further duty under this All-Inclusive Deed of Trust when: (i) the lien of this All- Inclusive Deed of Trust has been extinguished by foreclosure sale or (ii) this All-Inclusive Deed of Trust has been duly reconveyed after payment in full of the Secured Note and subsequent to the payment by the Beneficiary herein of Trustor's portion of the Senior Note(s) which the Beneficiary herein is required to pay to the holder of said Senior Note(s). Should Trustor be in default under the terms of the Secured Note and if Beneficiary consequently incurs any penalties, charges, or other expenses on account of the Senior Note(s) during the period of such default, the amount of such penalties, charges and expenses shall be immediately added to the principal amount of the Secured Note and shall be immediately payable by Trustor to Beneficiary. If at any time the total of: the unpaid balance of the Secured Note, the accrued interest thereon, all other sums due under the terms thereof and all sums advanced by Beneficiary pursuant to the terms of this All-Inclusive Deed of Trust, is equal to or less than the unpaid principal balance of the Senior Note(s) and accrued interest thereon, the Secured Note, at the option of Beneficiary, shall be cancelled and said property shall be reconveyed from the lien of this All-Inclus...
THE PARTIES FURTHER AGREE. 1. To recognize and be bound by the outcome of the vote as described in paragraph A2 above.
2. This Agreement constitutes full and final settlement of all legal and equitable claims or potential claims that Teamsters Local 117 have or may have had against the DOC, the State of Washington, its officers, agents, and employees arising out of or relating to the issue of polo shirts in the IMU as discussed during PERC Case No.26275-M-14-7825.
3. This Agreement and the parties’ mutual obligations under this agreement do not constitute an admission by any party as to the validity of any claims or defenses of any other party.
4. This Agreement is not precedent setting and does not establish a practice.
5. This Agreement may be released with or without authorization if required by lawful subpoena, by the rules of civil discovery, by judicial order, by applicable laws governing union requests for information or disclosure of public documents, or as necessary during the course of litigation.
6. This Agreement shall become effective on the date of the final signature of the parties and their authorized representatives and constitutes the full and entire agreement of the parties and resolution of all disputes that may exist between the parties, except as specifically noted within this Agreement. There are no written or oral representations, understandings, promises, or agreements directly or indirectly related to this Agreement that are not incorporated herein in full.
7. If any part of this Agreement is unenforceable for any reason, the remainder of the Agreement shall remain in full force and effect.
THE PARTIES FURTHER AGREE a. To cooperate fully with one another to attain the purposes of this AGREEMENT.
b. That WCA intends to fund the costs of FEASIBILITY STUDY AND IMPLEMENTATION PLAN as described in Exhibit A. If WCA is unable to obtain the funding from the third parties described in Exhibit A, WCA may cancel this AGREEMENT.
c. During the performance of this AGREEMENT, PARTIES and their contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, or age (over forty [40]). Furthermore, PARTIES and their contractors shall not deny family care leave, medical care leave, or pregnancy disability leave. This clause shall be included in all contracts and subcontracts entered into to perform work provided for under this AGREEMENT.
d. In light of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement (as defined in Section 895 of said Code), each of the PARTIES hereto, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, shall assume the full liability imposed upon it or any of its officers, agents, or employees by law for injury caused by any act or omission occurring in the performance of this AGREEMENT to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above-stated purpose, each PARTY indemnifies, defends, and holds harmless each other PARTY for any liability, cost, or expense that may be imposed upon such other PARTY solely by virtue of said Section 895.2. The provisions of Section 2778 of the California Civil Code are made a part hereof as if incorporated herein.
e. The PARTIES are, and shall at all times remain as to each other, wholly independent entities.
f. Any notices, bills, invoices, or reports relating to this AGREEMENT, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference, unless a PARTY has given the other PARTY a ten (10)-day written notice of a new address.
g. This AGREEMENT shall be binding upon, and shall be to the benefit of the respecti...
THE PARTIES FURTHER AGREE. 1. This Agreement constitutes full and final settlement of all legal and equitable claims or potential claims that Teamsters have or may have had against the State of Washington, DOC, its officers, agents and employees, arising out of or relating in any way to related to the Governor’s Proclamation requiring all state employees to be vaccinated against COVID and all related issues grieved under Arbitration Nos. Arbitration Nos. 220316-04375, 220316-04374, 220225-03793, 230627-07247, 220323-04583 and 220719-07775 and grievances of those Grievants listed in Appendix A.
2. This Agreement and the parties’ mutual obligations under this Agreement do not constitute an admission by any party as to the validity of any claims or defenses of any other party.
3. Except as provided in paragraph A.6, that the sole remedy for any alleged breach of this Agreement is an action for specific performance brought in Thurston County Superior Court.
4. Teamsters acknowledge that they have read this Agreement and fully understand the terms and conditions contained herein. Teamsters further declares that they have had a full and fair opportunity to obtain any advice that they deem necessary prior to signing this Agreement.
5. This Agreement may be released with or without authorization if required by lawful subpoena, by the rules of civil discovery, by judicial order, by applicable laws governing union requests for information or disclosure of public documents, or as necessary during the course of litigation.
6. This Agreement is not precedent setting and does not establish a practice.
7. This Agreement shall become effective on the date of the final signature of the parties and their authorized representatives and constitutes the full and entire agreement of the parties and resolution of all disputes that may exist between the parties, except as specifically noted within this Agreement. There are no written or oral representations, understandings, promises, or agreements directly or indirectly related to this Agreement that are not incorporated herein in full.
8. If any part of this Agreement is unenforceable for any reason, the remainder of the Agreement shall remain in full force and effect.
9. A photocopied signature to this Agreement shall be given effect as if it were an original signature.
THE PARTIES FURTHER AGREE. That this contract incorporates, by reference, “Policies and Procedures for Intern Training” of the AOA to the extent that the “Policies and Procedures for Intern Training” relate to the obligations of the parties hereto and do not conflict with the terms of this contract.
THE PARTIES FURTHER AGREE a. To make a full faith effort to cooperate with one another to achieve the purposes of this MOU by providing information about project opportunities, reviewing deliverables in a timely manner, and informing their respective administration, agency heads, and/or governing body.
b. To fund the cost of the preparation and delivery of the PLANS and to pay CITY for the preparation and delivery of the PLANS based on the cost allocation set forth in Exhibit A.
c. To grant reasonable access and entry to the Consultant, on an as needed basis during the term of this MOU, to the PARTIES’ storm drains, channels, catch basins, and similar properties (FACILITIES) to achieve the purposes of this MOU, provided, however, that prior to entering any of the PARTIES' FACILITIES, the Consultant shall secure written authorization 72 hours in advance of entry from the applicable PARTY.
d. The CITY shall require the Consultant retained pursuant to this MOU to agree to indemnify, defend and hold harmless each PARTY, its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the Consultant's performance of its agreement with CITY. In addition, CITY shall require the Consultant to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its officers, employees, agents, attorneys, and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the Consultant's work. These requirements will also apply to any subcontractors hired by the Consultant.
