THE TERMS OF THIS AGREEMENT PREVAIL Sample Clauses

THE TERMS OF THIS AGREEMENT PREVAIL. The parties agree that the terms of this Agreement prevail over any conflicting or contradictory terms that may exist in any prior Memorandum of Understanding and/or Settlement Agreement. This Agreement made and entered into this 19th day of April 2017. The District and Local 609 agree that claims of retaliation for exercising collective bargaining agreement and statutory rights must be discussed promptly. To accomplish this objective, the District and Local 609 agree as follows: Local 609 may contact the Director of Labor Relations and request a meeting to discuss the alleged retaliatory behavior between a Local 609 represented member and a building principal. The Labor Relations Department will schedule a meeting between the Education Director, the Principal, a local 609 representative, and if needed, the Labor Relations Director or designee. Failure to schedule a meeting is considered a grievable issue under the grievance provisions contained in the District/Local 609 CBAs. For purposed of this MOU, the purpose of any meeting is to discuss alleged retaliation that is based on collective bargaining statutory rights and district/Local 609 collective bargaining agreements. *This MOU is considered signed when the cover page of the Agreement is signed This Memorandum of Understanding (MOU) is entered into between IUOE, Local 609 (Union) and Seattle School District No. 1 (District). This MOU is effective concurrent with Collective Bargaining Agreement. Statement of Intent The intent of this MOU is to offer support to employees who are legal workers but who must comply with immigration processes and/or attend to immigration challenges. It is understood that falsification of an application, I-9 form, or other hiring document may be grounds for discipline including termination and that termination for falsification of any such documents will eliminate any right to reemployment under this MOU or the collective bargaining agreement. Notification to Union If the District is advised that an employee who has completed his or her probationary period faces a challenge to his or her right to work in the United States, or that the INS is performing an immigration audit or initiating an investigation, or when the District receives a “no match” letter from the Social Security Administration, the District will advise the employee that he or she may have union representation and upon the employee’s request notify and meet with the Union to discuss the issue. Whenever possibl...
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THE TERMS OF THIS AGREEMENT PREVAIL. The parties agree that the terms of this Agreement prevail over any conflicting or contradictory terms that may exist in any prior Memorandum of Understanding and/or Settlement Agreement. Seattle Public Schools (SPS) and the International Union of Operating Engineers (the Union) mutually agree to the following: No later than October 1, 2020, the Parties shall each appoint four representatives to a committee to draft evaluation instruments customized to the following job titles: • Gardeners • Groundskeepers Each committee shall use the current Unit A evaluation manual as a guide for the evaluation process and instruments they draft. Prior to January 1, 2021 the evaluation committees shall recommend evaluation instruments, including evaluation criteria and rubrics for measuring the criteria, for each title/category of employees to the Parties. The Parties shall ratify, or amend and ratify the final instruments for inclusion in the Unit A evaluation manual. If mutually agreed, the new instruments shall be used for the 2020-21 evaluation cycle. If the new instruments are not in place for the 2020-21evaluation cycle, they shall be implemented no later than the 2021-22 evaluation cycle. *This Memorandum is considered signed when the Agreement is signed. 1. This MOU is effective when signed by both parties and expires at the same time as the current collective bargaining agreement between IUOE, Local 609 and the District. The Chief Human Resources Officer, or designee, has the right to place an employee on administrative leave at their discretion, provided that they have notified the Union prior to the decision. Employees will be paid their base pay at their assigned FTE while on administrative leave. Any applicable step increases or salary adjustments will be included, but extra work opportunities will not.
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THE TERMS OF THIS AGREEMENT PREVAIL. The parties agree that the terms of this Agreement prevail over any conflicting or contradictory terms that may exist in any prior Memorandum of Understanding and/or Settlement Agreement. This Agreement made and entered into this 19th day of April 2017. 1. This MOU is effective when signed by both parties and expires at the same time as the current collective bargaining agreements between IUOE, Local 609 and the District. The Chief Human Resources Officer, or designee, has the right to place an employee on administrative leave at their discretion, provided that they have notified the Union prior to the decision. Employees will be paid their base pay at their assigned FTE while on administrative leave. Any applicable step increases or salary adjustments will be included, but overtime opportunities will not.
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THE TERMS OF THIS AGREEMENT PREVAIL. The parties agree that the terms of this Agreement prevail over any conflicting or contradictory terms that may exist in any prior Memorandum of Understanding and/or Settlement Agreement. 2023 - 2025 Collective Bargaining Agreement IUOE Local 302 This Memorandum of Understanding (MOU) is entered into between IUOE, Local 302 and Seattle School District No. 1. This MOU is effective when signed by both parties and expires at the same time as the current collective bargaining agreement between IUOE, Local 302 and the District. The Chief Human Resources Officer, or designee, has the right to place an employee on administrative leave at their discretion, provided that they have notified the Union concurrently with the impacted employee. Employees will be paid their base pay at their assigned FTE while on administrative leave. Any applicable step increases or salary adjustments will be included, but extra work opportunities will not. Restrictions on Access to Buildings and Contact with Students: Employees on administrative leave will usually be asked not to go back to their building during the period of their leave, and not to talk to District students or other District employees about the allegations(s) or investigation. These restrictions are not intended to impinge on an employee’s right to discuss their wages and/or working conditions with others inside or outside the District. If an employee needs to get their belongings from their worksite while the investigation is in progress, arrangements can be made through the Human Resources Department.
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THE TERMS OF THIS AGREEMENT PREVAIL. The parties agree that the terms of this Agreement prevail over any conflicting or contradictory terms that may exist in any prior Memorandum of Understanding and/or Settlement Agreement. This Agreement made and entered into this 19th day of April 2017. This Memorandum of Understanding (MOU) is entered into between IUOE, Local 609 (“Union”) and Seattle School District No. 1 (“District”). This MOU is effective when signed by both parties and expires at the same time as the current collective bargaining agreements between the parties. This MOU applies to all current collective bargaining agreements between IUOE, Local 609 and the District. Seattle Public Schools (SPS) is committed to following its adopted procedures for investigating harassment and discrimination claims, as incorporated by reference into the SPS and International Union of Operating Engineers, Local 609 (Local 609) collective bargaining agreements. Accordingly, the parties have agreed to the following protocols for the processing and resolution of harassment and discrimination complaints: 1. All complaints received from SPS employees will be handled confidentially and only those SPS employees who have a “need to know” will be involved in the investigative process. 2. Correspondence to complainants will be handled confidentially and SPS will not use electronic mail or interoffice correspondence to communicate with complainants unless complainants state that they want to correspond via email. 3. SPS will use qualified investigators to conduct investigations of harassment and discrimination complaints. Investigators may be outside contractors or current SPS employees who are qualified to perform investigations. 4. SPS will not require a complainant to submit a complaint on a particular form, although complainants will be encouraged to use SPS’ standard complaint form. 5. Any Local 609 member filing a harassment and/or discrimination complaint with SPS has a right to be accompanied, assisted and/or represented by a Local 609 representative at any or all stages of the complaint and investigative process, including but not limited to interviews by the assigned investigator and meetings to discuss findings. If an employee requests union representation, SPS and/or the investigator will include a Local 609 representative in the meeting. 6. SPS will respond to complaints promptly and assign an investigator as soon as possible, ordinarily no later than one week from the filing of the complaint. 7. When ...
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THE TERMS OF THIS AGREEMENT PREVAIL. The parties agree that the terms of this Agreement prevail over any conflicting or contradictory terms that may exist in any prior Memorandum of Understanding and/or Settlement Agreement. This Agreement made and entered into this 19th day of April 2017. Seattle Public Schools (SPS) and the International Union of Operating Engineers (the Union) mutually agree to the following: The Union and the District agree to meet to study the current evaluation tools to determine effectiveness and usefulness in guiding employee performance and improvement. The parties agree to meet and recommend changes by June 30, 2018, including improving the evaluation criterion related to attendance. No changes to criteria shall be recommended until the Parties agree. *This Memorandum is considered signed when the Agreement is signed. 1. This MOU is effective when signed by both parties and expires at the same time as the current collective bargaining agreements between IUOE, Local 609 and the District. The Chief Human Resources Officer, or designee, has the right to place an employee on administrative leave at their discretion, provided that they have notified the Union prior to the decision. Employees will be paid their base pay at their assigned FTE while on administrative leave. Any applicable step increases or salary adjustments will be included, but extra work opportunities will not.
Sample 1
THE TERMS OF THIS AGREEMENT PREVAIL. The parties agree that the terms of this Agreement prevail over any conflicting or contradictory terms that may exist in any prior Memorandum of Understanding and/or Settlement Agreement. This Agreement made and entered into this 19th day of April 2017. This Memorandum of Understanding (MOU) is entered into between IUOE, Local 609 (“Union”) and Seattle School District No. 1 (“District”). This MOU is effective when signed by both parties and expires at the same time as the current collective bargaining agreements between the parties. This MOU applies to all current collective bargaining agreements between IUOE, Local 609 and the District. Seattle Public Schools (SPS) is committed to following its adopted procedures for investigating harassment and discrimination claims, as incorporated by reference into the SPS and International Union of Operating Engineers, Local 609 (Local 609) collective bargaining agreements. Accordingly, the parties have agreed to the following protocols for the processing and resolution of harassment and discrimination complaints: 1. All complaints received from SPS employees will be handled confidentially and only those SPS employees who have a “need to know” will be involved in the investigative process.
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Related to THE TERMS OF THIS AGREEMENT PREVAIL

  • Terms of this Agreement The Parties acknowledge that this Agreement and all of the respective terms of this Agreement shall be treated as Confidential Information of both Parties.

  • Amendment of this Agreement No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of the change, waiver, discharge or termination is sought, and no amendment of this Agreement shall be effective until approved in a manner consistent with the 1940 Act and rules and regulations thereunder and any applicable SEC exemptive order therefrom.

  • Terms and Conditions of this Agreement 1. The PROVIDER retains ownership of the MATERIAL, including any MATERIAL contained or incorporated in MODIFICATIONS. 2. The RECIPIENT retains ownership of: (a) MODIFICATIONS (except that, the PROVIDER retains ownership rights to the MATERIAL included therein), and (b) those substances created through the use of the MATERIAL or MODIFICATIONS, but which are not PROGENY, UNMODIFIED DERIVATIVES or MODIFICATIONS (i.e., do not contain the ORIGINAL MATERIAL, PROGENY, UNMODIFIED DERIVATIVES). If either 2 (a) or 2 (b) results from the collaborative efforts of the PROVIDER and the RECIPIENT, joint ownership may be negotiated. 3. The RECIPIENT and the RECIPIENT SCIENTIST agree that the MATERIAL: (a) is to be used solely for teaching and academic research purposes; (b) will not be used in human subjects, in clinical trials, or for diagnostic purposes involving human subjects without the written consent of the PROVIDER; (c) is to be used only at the RECIPIENT organization and only in the RECIPIENT SCIENTIST's laboratory under the direction of the RECIPIENT SCIENTIST or others working under his/her direct supervision; and (d) will not be transferred to anyone else within the RECIPIENT organization without the prior written consent of the PROVIDER. 4. The RECIPIENT and the RECIPIENT SCIENTIST agree to refer to the PROVIDER any request for the MATERIAL from anyone other than those persons working under the [[Page 12774]] RECIPIENT SCIENTIST's direct supervision. To the extent supplies are available, the PROVIDER or the PROVIDER SCIENTIST agrees to make the MATERIAL available, under a separate implementing letter to this Agreement or other agreement having terms consistent with the terms of this Agreement, to other scientists (at least those at NONPROFIT ORGANIZATION(S)) who wish to replicate the RECIPIENT SCIENTIST's research; provided that such other scientists reimburse the PROVIDER for any costs relating to the preparation and distribution of the MATERIAL. (a) The RECIPIENT and/or the RECIPIENT SCIENTIST shall have the right, without restriction, to distribute substances created by the RECIPIENT through the use of the ORIGINAL MATERIAL only if those substances are not PROGENY, UNMODIFIED DERIVATIVES, or MODIFICATIONS. (b) Under a separate implementing letter to this Agreement (or an agreement at least as protective of the PROVIDER's rights), the RECIPIENT may distribute MODIFICATIONS to NONPROFIT ORGANIZATION(S) for research and teaching purposes only. (c) Without written consent from the PROVIDER, the RECIPIENT and/or the RECIPIENT SCIENTIST may NOT provide MODIFICATIONS for COMMERCIAL PURPOSES. It is recognized by the RECIPIENT that such COMMERCIAL PURPOSES may require a commercial license from the PROVIDER and the PROVIDER has no obligation to grant a commercial license to its ownership interest in the MATERIAL incorporated in the MODIFICATIONS. Nothing in this paragraph, however, shall prevent the RECIPIENT from granting commercial licenses under the RECIPIENT's intellectual property rights claiming such MODIFICATIONS, or methods of their manufacture or their use. 6. The RECIPIENT acknowledges that the MATERIAL is or may be the subject of a patent application. Except as provided in this Agreement, no express or implied licenses or other rights are provided to the RECIPIENT under any patents, patent applications, trade secrets or other proprietary rights of the PROVIDER, including any altered forms of the MATERIAL made by the PROVIDER. In particular, no express or implied licenses or other rights are provided to use the MATERIAL, MODIFICATIONS, or any related patents of the PROVIDER for COMMERCIAL PURPOSES. 7. If the RECIPIENT desires to use or license the MATERIAL or MODIFICATIONS for COMMERCIAL PURPOSES, the RECIPIENT agrees, in advance of such use, to negotiate in good faith with the PROVIDER to establish the terms of a commercial license. It is understood by the RECIPIENT that the PROVIDER shall have no obligation to grant such a license to the RECIPIENT, and may grant exclusive or non-exclusive commercial licenses to others, or sell or assign all or part of the rights in the MATERIAL to any third party(ies), subject to any pre-existing rights held by others and obligations to the Federal Government. 8. The RECIPIENT is free to file patent application(s) claiming inventions made by the RECIPIENT through the use of the MATERIAL but agrees to notify the PROVIDER upon filing a patent application claiming MODIFICATIONS or method(s) of manufacture or use(s) of the MATERIAL. 9. Any MATERIAL delivered pursuant to this Agreement is understood to be experimental in nature and may have hazardous properties. The PROVIDER MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE MATERIAL WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY RIGHTS. 10. Except to the extent prohibited by law, the RECIPIENT assumes all liability for damages which may arise from its use, storage or disposal of the MATERIAL. The PROVIDER will not be liable to the RECIPIENT for any loss, claim or demand made by the RECIPIENT, or made against the RECIPIENT by any other party, due to or arising from the use of the MATERIAL by the RECIPIENT, except to the extent permitted by law when caused by the gross negligence or willful misconduct of the PROVIDER. 11. This agreement shall not be interpreted to prevent or delay publication of research findings resulting from the use of the MATERIAL or the MODIFICATIONS. The RECIPIENT SCIENTIST agrees to provide appropriate acknowledgement of the source of the MATERIAL in all publications. 12. The RECIPIENT agrees to use the MATERIAL in compliance with all applicaple statutes and regulations, including Public Health Service and National Institutes of Health regulations and guidelines such as, for example, those relating to research involving the use of animals or recombinant DNA. 13. This Agreement will terminate on the earliest of the following dates: (a) when the MATERIAL becomes generally available from third parties, for example, though reagent catalogs or public depositories or (b) on completion of the RECIPIENT's current research with the MATERIAL, or (c) on thirty (30) days written notice by either party to the other, or (d) on the date specified in an implementing letter, provided that: (i) if termination should occur under 13(a), the RECIPIENT shall be bound to the PROVIDER by the least restrictive terms applicable to the MATERIAL obtained from the then-available resources; and (ii) if termination should occur under 13(b) or (d) above, the RECIPIENT will discontinue its use of the MATERIAL and will, upon direction of the PROVIDER, return or destroy any remaining MATERIAL. The RECIPIENT, at its discretion, will also either destroy the MODIFICATIONS or remain bound by the terms of this agreement as they apply to MODIFICATIONS; (iii) in the event the PROVIDER terminates this Agreement under 13(c) other than for breach of this Agreement or for cause such as an imminent health risk or patent infringement, the PROVIDER will defer the effective date of termination for a period of up to one year, upon request from the RECIPIENT, to permit completion of research in progress. Upon the effective date of termination, or if requested, the deferred effective date of termination, RECIPIENT will discontinue its use of the MATERIAL and will, upon direction of the PROVIDER, return or destroy any remaining MATERIAL. The RECIPIENT, at its discretion, will also either destroy the MODIFICATIONS or remain bound by the terms of this agreement as they apply to MODIFICATIONS. 14. Paragraphs 6, 9, and 10 shall survive termination. 15. The MATERIAL is provided at no cost, or with an optional transmittal fee solely to reimburse the PROVIDER for its preparation and distribution costs. If a fee is requested by the PROVIDER, the amount will be indicated in an implementing letter.

  • Amendments of this Agreement This Agreement may be amended by the parties only if such amendment is specifically approved by (i) the Directors/Trustees of a Fund, or by the vote of a majority of outstanding voting securities of a Fund, and (ii) a majority of those Directors/Trustees of a Fund who are not parties to this Agreement or interested persons of any such party and who have no direct or indirect financial interest in this Agreement or in any Agreement related to the Fund's Rule 12b-1 Plan, cast in person at a meeting called for the purpose of voting on such approval.

  • Entire Agreement; Amendment of this Agreement This Agreement constitutes the entire agreement between the parties with respect to the Funds. No provision of this Agreement may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

  • Modification of this Agreement This Agreement may not be modified, nor may compliance with any of its terms be waived, except as noted in Section 11.1, “Notices to Parties,” regarding change in personnel or place, and except by written instrument executed and approved in the same manner as this Agreement. Contractor shall cooperate with Department to submit to the Director of CMD any amendment, modification, supplement or change order that would result in a cumulative increase of the original amount of this Agreement by more than 20% (CMD Contract Modification Form).

  • Variation of this Agreement ‌ This Agreement may be varied during its term by agreement in writing by the parties subject to the ratification process of the Union.

  • Assignment of this Agreement (a) We may assign, transfer, sub-contract or sell our rights, benefits or obligations under this Agreement at any time to any of our Affiliates or to an unaffiliated third party and you consent to this without us having to notify you. (b) If we do so, or intend to do so, we may give information about you and the Account, including confidential information about you, the Account or this Agreement, to the relevant third party or Affiliate. (c) You may not assign, charge or otherwise transfer or purport to assign, charge or otherwise transfer your rights or obligations under this Agreement or any interest in this Agreement, without our prior written consent, and any purported assignment, charge or transfer in violation of this clause shall be void.

  • Termination and Amendment of this Agreement This Agreement shall automatically terminate, without the payment of any penalty, in the event of its assignment. This Agreement may be amended only if such amendment is approved (i) by Underwriter, (ii) either by action of the Board of Trustees of the Trust or at a meeting of the Shareholders of the Trust by the affirmative vote of a majority of the outstanding Shares, and (iii) by a majority of the Trustees of the Trust who are not interested persons of the Trust or of Underwriter by vote cast in person at a meeting called for the purpose of voting on such approval. Either the Trust or Underwriter may at any time terminate this Agreement on sixty (60) days' written notice delivered or mailed by registered mail, postage prepaid, to the other party.

  • Amendment of this Contract No provision of this Contract may be changed, waived, discharged or terminated orally, but only by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought.

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