Benefit of the Bargain. The ASSOCIATION and the CITY share the goal of recruiting and hiring the most qualified applicants to become Austin Police Officers. The ASSOCIATION acknowledges the significant effort and skill of the Department’s Recruiting Unit in trying to meet this goal, but recognize that the Department needs to be able to adjust hiring procedures as necessary, without having to wait until the next Meet & Xxxxxx negotiation process. The parties agree that the degree of flexibility incorporated into this Article is of benefit to both parties and that this AGREEMENT would not have been reached without the flexibility provided by this Article.
Benefit of the Bargain a) In the event that the Texas Legislature amends any provision of Texas Local Government Code Chapters 141, 142 or 143, which changes wages or benefits for City of Austin Police Officers during the term of this AGREEMENT, any such amendment shall not be applicable to the Officers covered by this AGREEMENT, unless the City Council adopts such amendment by Ordinance. Examples of wages and benefits include, but are not limited to, base salary, longevity, assignment pay, sick leave, vacation, health insurance, and weapon provision mandates.
Benefit of the Bargain. THE PROVISIONS OF THIS SECTION 7 ARE AN ESSENTIAL ELEMENT OF THE BENEFIT OF THE BARGAIN REFLECTED IN THIS AGREEMENT.
Benefit of the Bargain. If Landlord elects to terminate this Lease or terminate Tenant’s right of possession to the Leased Premises without terminating this Lease, there shall immediately become due and payable the amount by which:
Benefit of the Bargain. The CITY expressly retains its right and ability to proceed with the determination of whether or not police misconduct occurred and the authority of the Chief to impose disciplinary action. The ASSOCIATION recognizes the fact that such reservations are essential to this AGREEMENT. No dispute concerning the operation and function of the Director of the OPO’s Office or the Panel shall impair or delay the process of the Chief’s investigation and determination of whether or not police misconduct occurred and the degree of discipline, if any, to impose. This includes internal dispute resolution procedures in this AGREEMENT, any grievance process or arbitration, and any litigation over such issues. In other words, any such dispute resolution processes may proceed, as set forth in this contract or by law, but the disciplinary process may likewise and simultaneously proceed to its conclusion without delay. The statutory time period for the Chief of Police to take disciplinary action against an Officer shall be tolled to the extent of any period in which a court order, injunction, or TRO, obtained by the Officer involved or the ASSOCIATION on behalf of the Officer, halts the Department’s investigative or disciplinary process. In no event will the actual time exceed the timeframe 180 calendar days, as defined and provided for in Article 18, Section 8 of for in Chapter 143 of the Texas Local Government Code, as modified by under other provisions of this AGREEMENT. The parties agree that the processes in this AGREEMENT, together with the remedies set forth and the procedural protections and rights extended to Officers in this AGREEMENT are adequate remedies at law for all disputes arising under this Article.
Benefit of the Bargain. An Indemnified Party’s right to indemnification hereunder or other remedies based on any representation, warranty, covenant or liability of another Person contained in or made pursuant to this Agreement shall not be affected by any investigation conducted by such Indemnified Party or any of its representatives or Affiliates or any knowledge acquired (or capable of being acquired) by any such Indemnified Party or its representatives or Affiliates, in each case, at any time, whether before or after the execution and delivery of this Agreement or the Closing.
Benefit of the Bargain. The limitation of liability set forth in this Section 15 and the indemnification obligations set forth in Section 14 are an essential element of the benefit of the bargain reflected in this Agreement.
Benefit of the Bargain. The CITY expressly retains its right and ability to proceed with the determination of whether or not police misconduct occurred and the authority of the Chief to impose disciplinary action. The ASSOCIATION recognizes the fact that such reservations are essential to this Agreement. No dispute concerning the operation and function of the Police Monitor’s Office or the Panel shall impair or delay the process of the Chief’s investigation and determination of whether or not police misconduct occurred and the degree of discipline, if any, to impose. This includes internal dispute resolution procedures in this Agreement, any grievance process or arbitration, and any litigation over such issues. In other words, any such dispute resolution processes may proceed, as set forth in this contract or by law, but the disciplinary process may likewise and simultaneously proceed to its conclusion without delay. The statutory time period for the Chief of Police to take disciplinary action against an officer shall be tolled to the extent of any period in which a court order, injunction, or TRO, obtained by the officer involved or the Association on behalf of the officer, halts the Department’s investigative or disciplinary process. In no event will the actual time exceed 180 calendar days. The parties agree that the processes in this Agreement, together with the remedies set forth and the procedural protections and rights extended to officers in this Agreement are adequate remedies at law for all disputes arising under this Article.
Benefit of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT ZELF HAS OFFERED THE SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS, THE LIMITATION OF LIABILITY AND DAMAGES, AND THE RELEASE SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS, THE LIMITATION OF LIABILITY AND DAMAGES, AND THE RELEASE SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ZELF, AND THAT THE FOREGOING FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND ZELF. ZELF WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THE FOREGOING.
Benefit of the Bargain. If Landlord elects to terminate this Lease or terminate Tenant's right of possession to the Premises without terminating this Lease, there shall immediately become due and payable an amount equal to the present value (determined using a discount rate equal to the yield then obtainable from the United States Treasury Xxxx or Note with a maturity date closest to the date of expiration of the Term) of the total Rent and other benefits which would have accrued to Landlord under this Lease for the remainder of the Term if the terms and provisions of this Lease had been fully complied with by Tenant. In addition, there shall be recoverable from Tenant:
