Common use of Failure of a Provision Clause in Contracts

Failure of a Provision. If any provision of this Agreement (a) is found to be invalid or unenforceable by final decision of a tribunal of competent jurisdiction, (b) is rendered invalid by reason of subsequently enacted legislation, or (c) shall have the effect of a loss to the State of Florida or to FAU of funds, property, or services made available through federal law, or (d) pursuant to Florida Statutes Section 447.309(3), can take effect only upon the amendment of a law, rule, or regulation and the government body having such amendatory authority fails to take the appropriate legislative action, then that provision shall be of no force or effect, but the remainder of the Agreement shall continue in full force and effect. The Board and the UFF shall enter into immediate negotiations to replace a provision of the Agreement that fails for reason (a), (b), or (c) above. The Board and UFF retain the right to bargain provisions that fail for reason (d) above.