Severability and Waiver (a) If one or more provisions of this Agreement are held invalid, illegal or unenforceable in any respect on the basis of any particular circumstances or in any jurisdiction, the validity, legality and enforceability of such provision or provisions under other circumstances or in other jurisdictions and of the remaining provisions shall not in any way be affected or impaired.
Waiver; Severability Waiver of any default or breach under this Contract by District does not constitute a waiver of any subsequent default or a modification of any other provisions of this Contract. If any term or provision of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or provision held invalid.
Severability; Waiver In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
Waiver and Amendment Any provision of this Note may be amended, waived or modified upon the written consent of the Company and the Holder.
Waiver and Severability No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Waivers; Amendment (a) No failure or delay by the Administrative Agent, any Issuing Bank or any Lender in exercising any right, power or remedy hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy, or any abandonment or discontinuance of steps to enforce such a right, power or remedy, preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The rights, powers and remedies of the Administrative Agent, any Issuing Bank and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender or any Issuing Bank may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Loan Party in any case shall entitle any Loan Party to any other or further notice or demand in similar or other circumstances.
Modification and Amendment This Contract may be modified only by a written amendment executed by all parties hereto and approved by the appropriate officials.
Governing Law; Severability This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware excluding that body of law pertaining to conflicts of law. Should any provision of this Agreement be determined by a court of law to be illegal or unenforceable, the other provisions shall nevertheless remain effective and shall remain enforceable.
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
Modification and Severability The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid.
