Common use of Conclusively Clause in Contracts

Conclusively. It is understood and agreed to that all documents including but not limited to written ordinances, resolutions, policies and procedures, employee rules and merit system rules and regulations which relate to wages, hours, and other terms and conditions of employment which are presently in effect are made part of this MOU by reference. Those items set forth specifically in this MOU may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of CPTA and the City in a written and signed amendment to this Agreement. CPTA and the City agree that during the negotiations which resulted in this MOU, each party had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation, therefore, during the term of this Agreement, neither the City or CPTA shall be obligated to meet and confer on any matter: 1. Whether or not specifically referred to in this MOU; 2. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations; 3. Whether or not the matters were proposed and later withdrawn during negotiations. Except That: The City may change a written policy affecting wages, hours, and other terms and conditions of employment, which are incorporated by reference in this MOU. The City shall notify CPTA in writing of its intention to do so. If CPTA does not respond within ten (10) calendar days from the date of mailing of such notification, the City shall assume CPTA does not wish to meet and consult on the change in policy. In an emergency, the City retains the right to take such action immediately. CPTA will be offered the opportunity to meet and consult as soon as practicable.

Conclusively. It is understood and agreed to that all documents including but not limited to written ordinances, resolutions, policies and procedures, employee rules and merit system rules and regulations which relate to wages, hours, and other terms and conditions of employment which are presently in effect are made part of this MOU by reference. Those items set forth specifically in this MOU may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of CPTA CTFP and the City in a written and signed amendment to this Agreement. CPTA CTFP and the City agree that during the negotiations which resulted in this MOU, each party had an unlimited right and opportunity to make demands and proposals with respect to any subject or matter within the scope of representation, therefore, during the term of this Agreement, neither the City or CPTA CTFP shall be obligated to meet and confer on any matter: 1. Whether or not specifically referred to in this MOU; 2. Whether or not the matter was within the knowledge or contemplation of either party at the time of negotiations; 3. Whether or not the matters were proposed and later withdrawn during negotiations. Except That: The City may change a written policy affecting wages, hours, and other terms and conditions of employment, which are incorporated by reference in this MOU. The City shall notify CPTA CTFP in writing of its intention to do so. If CPTA CTFP does not respond within ten (10) calendar days from the date of mailing of such notification, the City shall assume CPTA CTFP does not wish to meet and consult on the change in policy. In an emergency, the City retains the right to take such action immediately. CPTA CTFP will be offered the opportunity to meet and consult as soon as practicable.