Waiver Process Clause Samples

The Waiver Process clause outlines the procedure by which a party may voluntarily relinquish a right or claim under the agreement. Typically, this clause specifies that any waiver must be made in writing and signed by the party granting it, ensuring that informal or accidental waivers are not recognized. Its core function is to provide clarity and prevent misunderstandings by establishing a formal process for waiving contractual rights, thereby protecting both parties from unintended consequences.
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Waiver Process. The Crestwood School District (“the District”) and the Crestwood Federation of Teachers (“the Union”) agree that, from time to time, recommendations from a building’s school improvement committee or a desire on the part of the staff of a building to implement innovative ideas to improve the school may require the waiver or modification of the collective bargaining agreement. Therefore, the District and the Union have agreed to the following procedure and process for effectuating such proposed waivers and modifications. 1. A proposal for waiver or modification will be developed in writing by those proposing the waiver or modification with concurrence of the building principal and shall include both the current contract language and proposed waiver or modification. 2. The proposal will be given to the building membership at least five (5) working days prior to a vote. 3. If 75% of the building membership votes in favor of the proposal, it will be referred to the Executive Board of the Union and the District’s administration. 4. The Union’s Executive Board shall accept or reject the proposal on the Union’s behalf and shall so notify the District’s administration, in writing, within twenty-five (25) working days of building’s vote on the proposal. 5. The District’s administration shall accept or reject the proposal and so notify the Union’s Executive Board, in writing, within five (5) working days of receipt of notification of acceptance from the Union. 6. Waivers and modifications accepted by the District and the Union will take effect as specified in the proposal, but shall expire on the expiration date of the then applicable collective bargaining agreement.
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Waiver Process. (1) Any school applying for a waiver of specific contract language must have faculty consensus through their Shared Decision Making process. (2) The consensus reaching process must be identified in the school’s Shared Decision Making plan. (3) The DTU must have on file an updated Shared Decision Making plan by November of each school year. (4) Any requests for waivers must include the minutes of the meeting addressing the waiver along with sufficient documentation of consensus. (5) All waivers must be submitted to the Regional Superintendent and to the Contract Waiver and Oversight Committee (See Contract Waiver and Oversight Committee).
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Waiver Process. Ohio EMA has developed a waiver process to request approval from FEMA for manned and unmanned watercraft and aircraft (i.e. drones). Subrecipients will generally be limited to 5 personnel per agency per training or conference. Additional personnel will require written justification and prior approval by Ohio EMA Grants Branch staff.
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Waiver Process. The project Applicant will submit in writing a request for a waiver to the Executive Director of the Agency. Said request will clearly and comprehensively explain and reliably verify the need for the waiver. The company shall then provide proof to the Executive Director of diligent efforts to secure labor within the local labor area. The company must provide proof directly from local companies that the labor is not available in the 10 County area. The Executive Director will submit the verified waiver request to the Board Chair and the agency attorney for review and shall approve or disapprove waivers.
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Waiver Process. 25.3.1 Proposed waivers can be initiated by either the OSA administration or the COSATS bargaining unit members but must be in written form including the following information: 25.3.1.1 The specific contractual provision(s) (by Article and Section number(s)) proposed for waiver, 25.3.1.2 The purposes or advantages to be gained by waiving the specified contractual provision(s), 25.3.1.3 Whether the waiver should be considered a pilot and/or 25.3.2 Proposed waivers must be approved by at least sixty percent (60%) of the bargaining unit members by Pathway or Division, in a secret ballot election conducted by ▇▇▇▇▇▇, and supported in writing by the principal. 25.3.3 Proposed waivers must be presented to the COSATS Waiver Committee at any time during the school year but must be presented by April 30 to be effective for the following year.
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Waiver Process. The payments required hereunder for any non-compliance shall be paid by the Company to any and all Affected Taxing Jurisdictions whether or not billed. However, if the Company has made a good faith effort to achieve the job creation requirement, it may apply in writing for relief from the obligation for repayment of taxes abated, based on a showing of unforeseen economic circumstances, fiscal hardship, or other good cause. Application for relief from the repayment obligation shall be made to the Agency, which shall examine the application and grant relief, in whole or in part, from the repayment obligation or grant an alternate schedule for attaining the job creation requirement.
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Waiver Process. 22.3.1 Proposed waivers can be initiated by either the OSA administration or the COSATS bargaining unit members but must be in written form including the following information: 22.3.1.1 The specific contractual provision(s) (by Article and Section number(s)) proposed for waiver, 22.3.2.2 The purposes or advantages to be gained by waiving the specified contractual provision(s), 22.3.2.3 Whether the waiver should be considered a pilot and/or considered at negotiations for broader application, or if it addresses unique conditions at the site. 22.3.2 Proposed waivers may be presented to the COSATS Waiver Committee at any time during the school year.
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Waiver Process. A waiver may be approved permitting an AF User to purchase office seating within or outside the program, under the following conditions: 1. Where the office seating item(s) is/are available through one of the BPA vendors only 2. Where the office seating item(s) is/are not listed in the BPA vendor catalogs 3. Where the office seating item(s) is/are specialized in nature (e.g. medical or laboratory need) 4. Where there is need to match existing inventory (see 4.3 below concerning match existing) 5. Where there is enough evidence to support significant cost savings to the Government, for purchase of comparable items outside of the BPAs 6. Other situations that cannot be supported using the normal process outlined for the program (e.g. use of customer-owned materials – COM, etc.) To request a waiver, complete the AF Waiver Request Form, and submit it electronically to ▇▇▇▇▇.▇▇▇▇▇▇.▇▇▇▇▇▇▇@▇▇.▇▇.▇▇▇. Attach any supporting documentation that justifies the submission of the waiver. You should receive a waiver determination within 1-3 business days. If your request for a waiver is approved, place it in the file for your records.
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Waiver Process. Although SGI has made every reasonable effort to make the Conformance Test exhaustive, the parties acknowledge that the Conformance Test may not provide complete (i) coverage of the OpenGL API or (ii) accuracy in determining that a Derived Program is OpenGL Compatible. In the event of a conflict between the Specification and the Conformance Test, the Specification shall prevail. If SGI determines that Licensee should use an updated version of the Conformance Test in lieu of an earlier version provided to Licensee, SGI will furnish such updated version to Licensee, under the terms of this Agreement and at no additional charge to Licensee. SGI agrees that, in each such instance of the release of an updated version of the Conformance Test, Licensee may continue to use the previous version of the Conformance test for a period not to exceed one hundred and twenty (120) days thereafter. However, Licensee agrees that it shall only use such updated version for any Conformance Certifications performed by Licensee on any new or revised Derived Programs released by Licensee thereafter. If SGI releases a further updated version of the Conformance Test, the aforementioned cycle of use shall again apply to the two latest versions of the Conformance Test. If Licensee believes that the Conformance Test erroneously or incompletely tests the OpenGL (pursuant to the Specification), Licensee may submit a waiver request form detailing such error to SGI. SGI shall review such request, and render a decision after a thorough examination. SGI will use reasonable efforts to reply to requests for waivers within thirty (30) days after receipt thereof. SGI shall notify Licensee in writing of SGI's approval or denial of each such waiver request. SGI will maintain a list of approved waivers to the Conformance Test, which list SGI shall make available to Licensee upon its written request. The waiver request procedure and forms are available separately from SGI. If SGI grants a waiver, SGI shall either provide a correct
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Related to Waiver Process

  • Change Order Process 12.2.1 Contractor shall provide Notice to Owner as soon as practicable, but no later than five (5) Business Days, after the time when Contractor knows of the impact of any Force Majeure Event, Owner Caused Delay or any other basis for a Change Order that will impact the Work. Failure to provide such Notice within ten (10) Business Days after the time when Contractor knows of the impact of any Force Majeure Event shall be deemed to be a waiver of the Contractor’s right to receive a Change Order with respect thereto. Such Notice shall, to the extent practicable, specify the estimated impact on the Target Price and/or the Project Schedule, as applicable, the impact upon the various portions of the Work occasioned by reason of such Force Majeure Event, Owner Caused Delay or any other basis for a Change Order, and shall substantiate the foregoing to the satisfaction of Owner. In the event that Contractor does not know or is unable to specify with reasonable certainty the impact upon the Work at the time such Notice is to be delivered, Contractor shall instead provide Owner with a notice of a potential or anticipated impact of any Force Majeure Event, Owner Caused Delay or any other basis for a Change Order that could impact the Work, and shall thereafter provide Owner (and, if requested by Owner, the Independent Engineer) with periodic supplemental Notices during the period that the Force Majeure Event, Owner Caused Delay or any other basis for a Change Order, as applicable, continues, detailing any developments, progress or other relevant information of which Contractor is aware. To the extent Owner (in consultation with the Independent Engineer with respect to a Material Change) agrees with the Contractor’s determination of a Force Majeure Event or Owner Caused Delay or any other basis for a Change Order, as applicable, and the effects thereof, Owner shall notify Contractor of Owner’s acceptance. In the event Owner (in consultation with the Independent Engineer with respect to a Material Change) does not accept the Contractor’s findings, Owner or Contractor shall be permitted to dispute such Change Order in accordance with Article 36, and Contractor shall be paid for any Work performed in respect of such disputed Change Order as provided in Section 12.2.5. 12.2.2 As soon as practicable, and in any event within fifteen (15) Days (or such other period as is mutually agreed by Owner and Contractor) after receipt from Owner of a request for a change or Notice of Owner’s acceptance under Section 12.2.1, Contractor shall submit to Owner a proposal for implementing the change indicating the estimated change to the Target Price and/or the Project Schedule, as applicable. If Owner (having consulted with the Independent Engineer in the case of a Material Change) agrees that the Contractor’s proposal should be implemented, Owner (having consulted with the Independent Engineer in the case of a Material Change) shall issue a Change Order incorporating such proposal. Upon receiving such Change Order, Contractor shall diligently perform the change in accordance with the terms thereof. 12.2.3 Contractor’s proposal required pursuant to Section 12.2.2 shall consist of: (a) a detailed material take-off with supporting calculations in accordance with the pricing structure herein, for pricing the change, (b) revisions, if any, to the Drawings and Specifications, (c) a schedule for the work associated with the proposed change, (d) the effect, if any, to the Target Price and/or the Project Schedule, as applicable, (e) the effect, if any, of the change on the Work, including the Performance Tests and/or Demonstration Tests (or protocol therefor), (f) changes, if any, to any right, liability or obligation of a Party or any other provision hereof and (g) changes, if applicable, to any Applicable Deadline.