Common use of Miscellaneous Provisions Clause in Contracts

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 3 contracts

Sources: Membership Agreement, Membership Agreement, Membership Agreement

Miscellaneous Provisions. 1. If a claim is made against Member (A) Teachers are to call their principals or WPMIC concerning a home, detached garage, commercial building their designee by 5:00 a.m. for secondary teachers and 6:00 a.m. for elementary teachers if they are ill and are not able to report to work. (B) No polygraph or remodeling project covered lie detector device shall be required in any investigation of any teacher. (C) The Association shall be duly advised by the RWC Warranty ProgramBoard of fiscal, Member budgetary and tax programs affecting the district and the Association shall, upon requestwhenever feasible, assign have the opportunity in advance to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection consult with such claimthe Board with respect thereto prior to general publication. 2. Whenever timely performance is called for hereunder(D) This Agreement shall supersede any rules, regulation or practices of the time there for Board which shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual teacher contracts heretofore in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement or the terms Agreement. (E) Copies of the Limited WarrantyAgreement shall be printed at the expense of the Board and presented to all teachers now employed or hereafter employed by the Board. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should (F) If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees (G) Should the Board desire to indemnify RWC and hold it harmless from any loss or expensehave bargaining unit members serve as master teachers pursuant to Section 1526 of the Michigan School Code, including attorney fees, if Member should ever claim otherwisethe Board shall meet to negotiate over the implementation of such procedures. 7. (H) The Association agrees that under no circumstances will the Association or its members authorize, sanction or condone a work stoppage during the period of this Agreement. (I) This Agreement shall be interpreted constitutes the sole and enforced in accordance entire existing Agreement between the parties and supersedes all prior practices that are inconsistent with this Agreement, whether oral or written, and expresses all obligations of, and restrictions imposed upon, the laws of Board and the state in which Member maintains its principal place of business. 8Association. This Agreement is not assignable subject to amendment, alteration or additions, only by Member without a subsequent written agreement between, and executed by, the prior written consent of RWC. 9Board and the Association. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC The waiver of any change in address in writing. 11. Failure breach, term or condition of the Agreement by either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver precedent in the future enforcement of the provisionall its terms and conditions. 12. Whenever appropriate, it is intended that (J) Each building shall schedule Parent/Teacher Conferences for a total of 18 hours for the use of one gender herein includes all genders and the singular includes the pluralschool year. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Teacher Master Agreement, Teacher Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for A. This Contract Documents shall be extended to the extent performance is delayed governed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced construed in accordance with the laws of the state in which Member maintains its principal place State of businessSouth Dakota. 8B. The Contract Documents constitute the entire agreement among the parties with reference to the services described herein, and shall not be amended or modified except in writing, signed by an authorized representative of each party. This Agreement is The Contract Documents supersede all prior negotiations, representations, or agreements, whether oral or written, relating to the services herein described. C. The Contract Documents may not assignable be assigned or transferred by Member any party hereto without the prior written consent of RWCthe other parties. The Contract Documents and the covenants herein contained, shall inure to the benefit of, and be binding upon, the successors and assigns of the respective parties hereto. 9. This Agreement is binding on D. Should any part, term or provision of the Contract Documents be determined by the Courts to be illegal, unenforceable, or in conflict with any law, the validity of the remaining portions or provisions shall not be affected thereby, and an equitable adjustment to the Contract Documents with respect to the affected part, term or provision shall be made by the parties, their heirs, executors, administrators, successors and assigns. 10E. The Architect/Engineer shall perform the services described herein as an independent contractor, and not as an employee of the State. All notices required hereunder must The Architect/Engineer will not use the State's equipment, supplies, or facilities. F. The Architect/Engineer shall be in writing and sent by certified mailresponsible for all taxes, postage prepaidassessments, permit fees, or other such form charges pertaining to its performance of notice deemed acceptable by RWC the services pursuant to the recipient at Contract Documents, including exclusive liability for all contributions, taxes, or payments required to be made on account of the respective address shown hereon Architect/Engineer's employees under State and Federal laws relating to unemployment compensation, worker's compensation, income tax, social security, or to whatever other address legislation requiring the party may designate in writing. Member must inform RWC payment of any change in address in writingsimilar contributions or taxes. 11. Failure G. The Architect/Engineer shall comply with all applicable Federal, State and local laws, regulations, and ordinances with reference to the services performed hereunder. H. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance is prevented or delayed by any cause which is beyond the reasonable control of the affected party, and the time of performance of either party hereunder shall in such event be extended for a period equal to insist upon compliance with any provision of this Agreement time lost as a result thereof, and an equitable adjustment shall not constitute a waiver of be made in the provisioncompensation by mutual consent. 12. Whenever appropriate, it is intended that I. The Architect/Engineer will maintain and provide necessary supporting documentation for audit purposes during the use term hereof and for a period of one gender herein includes all genders year after the completion of services hereunder. Accounting records shall be kept on the basis of generally accepted accounting principles. Records shall be available to the State or its authorized agents and the singular includes the pluralrepresentatives upon request during normal business hours at mutually convenient times. 13. J. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member Architect/Engineer agrees to indemnify and hold RWC the State, its officers, agents, and WPMIC employees harmless from and against any and all expenses actions, claims, suits, damages, liability, or proceedings of any kind or character whatsoever, including reasonable attorney's fees, which may arise from or in connection with the Contract Documents or the performance of services hereunder. This section does not require the Architect/Engineer to indemnify the State, its officers, agents, or employees from claims or liability arising solely from the acts or omissions of the State, its officers, agents, or employees. K. During the term of the Contract Documents, the Architect/Engineer shall maintain in effect at all times, and provide proof of such coverage to the State, insurance coverage for this Project at the limits set forth herein: Type of Coverage Limits Commercial General Liability, Including Property Damage ### (Per occurrence) Business Automobile Liability (Per occurrence) $1,000,000 1. The Architect/Engineer shall submit insurance policies to the State Engineer’s Representative for review and approval when requested. 2. Professional Liability coverage shall be continued for a minimum of 3 years after the date of the certification of the final contractor's payment request. 3. If Commercial General Liability insurance contains a general aggregate limit it shall apply separately to the Contract Documents or be no less than two times the occurrence limit. L. Extension of the Project completion date must be mutually agreed upon in writing between the Owner and Architect/Engineer. Reasonable requests for time extensions will be accepted. If the State Engineer determines that to the extent the Architect/Engineer's negligent performance of services has caused a delay to the contractor in the fulfillment of their contractual completion date or to the Owner of the agreed upon design or Project completion date, documented costs incurred and losses sufferedby the Owner as a result of this delay shall be deducted from the total Architect/Engineer fee described in Part XIII.A. Furthermore, the Architect/Engineer will not be paid for work performed related to such delay. Notwithstanding any other language in the Contract Documents, the Architect/Engineer shall not be responsible for delays caused by factors beyond the Architect/Engineer’s reasonable control, including, but not limited toto delays because of strikes, attorney fees lockouts, work slowdowns or stoppages, accidents, acts of God, failure of any governmental or other regulatory authority to act in a timely manner, or those caused by either of them as a result of Member’s violation of this provisionthe State or any other contractors. 16M. Any notice provided for or permitted by the Contract Documents shall be sufficient when mailed (by registered or certified mail, return receipt requested, postage prepaid), faxed, or through email communication, confirmation received. Member agrees to maintain all terms If notice is given by telephone it must be confirmed in writing, sent by any of the Membership Agreement in confidence above methods on the same day; addressed to the parties as follows at the following addresses, or such other address as may be provided by any party by notice, and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6shall be deemed effective upon receipt:

Appears in 3 contracts

Sources: Architectural/Engineering Contract, Architectural/Engineering Contract, Architectural/Engineering Contract

Miscellaneous Provisions. 1. If a claim is made against Member A. This Agreement shall supersede any rules, regulations, or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by practices of the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights Board which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual employee agreements shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date provisions of this Agreement shall be incorporated into and be considered part of the date established policies of execution by RWCthe Board. 14B. Copies of this Agreement shall be printed by the Board of Education at no charge to the Association and furnished to all secretarial personnel now employed or hereafter employed by the Board. C. If any provisions of the Agreement or any application of the Agreement to any employee shall be found contrary to law, then such provision or application to the employee shall be deemed null and void, but all other provisions or applications shall continue in full force and effect; furthermore, the provisions of such law shall supersede, to the extent of the conflict, the provisions of this Agreement and govern the relation of the parties hereunder. D. The parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. All terms Therefore, the Board and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waive the right, and each agrees that the other shall not defined herein be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. E. The Association and Board recognize that strikes and other forms of work stoppages by employees are contrary to law and public policy. The Association and the Board subscribe to the principle that differences shall have be resolved by peaceful and appropriate means without interruption of the meanings ascribed school program. The Association, therefore, agrees that its officers, representatives, and members shall not authorize, instigate, cause, aid, encourage, ratify, or condone, nor shall any employee take part in any strike, slowdown, or stoppage of work, boycott, picketing, or other interruption of activities in the Limited Warranty book containing school system. Failure or refusal on the Warranty Resolution Procedurespart of any employee to comply with the provisions of this Article shall be cause for whatever disciplinary action is deemed necessary by the Board. F. This Agreement constitutes the sole and entire existing Agreement between the parties and supersedes all prior practices, whether oral or written, and Approved Standards which are referred to herein as expresses all obligations of, and restrictions imposed upon, the “RWC Warranty Program.” 15District and the Association. This Agreement does not create an agency. Member is not an agent of RWC subject to amendment, alteration, or WPMIC, additions only by a subsequent written agreement between and Member executed by the District and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provisionthe Association. 16. Member agrees G. Professional Development is an important function to maintain all terms of therefore, the Membership Agreement District and Secretarial Unit will coordinate required Professional Development activities on days designated in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the yearly calendar as appropriate.

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Miscellaneous Provisions. 1. If A. This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from or modified only through the voluntary mutual consent of both parties in a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign written and signed amendment to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimthis Agreement. 2. Whenever timely performance is called for hereunderB. The parties acknowledge that, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended during negotiations which resulted in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, each had and fully exercised the substantially prevailing party shall be reimbursed for reasonable attorney right and expert witness fees by opportunity to make demands and proposals with respect to any subject or matter. Therefore, the Board and Association each agree that the other party. Should shall not be obligated to bargain on any subject for the duration of this Agreement. C. If any provision of this Agreement or any application of the Agreement to any Employee or group of Employees should be determined found contrary to law by a court of competent jurisdiction to jurisdiction, then such provision or application shall be unenforceablenull and void but all other provisions or applications shall continue in full force and effect. D. This Agreement shall supersede any rules, that determination will not affect the validity regulations or practices of the remaining Board which shall be contrary to or inconsistent with its terms. It shall likewise supersede any contrary or inconsistent terms contained in any individual Employee contracts heretofore in effect. E. If a change in law or any implementation of law leads to a conflict in the implementation of the contract as written, the parties shall renegotiate affected provisions. 6. Member acknowledges that RWC F. In the event a Constituent District takes over a program or service which is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable being operated by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇the following procedures will apply: 1. If the individual currently functioning in that position is non-probationary, they will be given the first choice to stay in that position. If the Employee elects to stay in that position, they will be voluntarily laid off. 2. Should the Employee not elect to stay in the position but prefer to remain in the employ of ▇▇▇▇, ▇▇ ▇▇▇▇▇procedures identified under Article 11, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Reduction and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution Recall will be followed. 3. Michigan law will be invoked under such conditions entitling the laid-off to those legal rights established by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6applicable Michigan law.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If 33.01 This Agreement shall supersede any rules, policies, regulations, or practices of the Board which shall be contrary to or inconsistent with its terms. 33.02 Existing personnel policies pertaining to employees in this bargaining unit shall be subject to change only after: a. the Union receives a claim is made against Member or WPMIC concerning a homecopy of such changes fifteen (15) work days prior to their implementation; and b. No such change shall violate the rights, detached garagebenefits, commercial building or remodeling project and conditions of the employees covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim.this Agreement 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms 33.03 Copies of this Agreement shall be presented to all secretaries now employed or hereafter employed by the terms of the Limited WarrantyBoard. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should 33.04 If any provision of this Agreement or any application of the Agreement to any secretary or group of secretaries shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect and the parties agree to immediately negotiate for the purpose of discussing that portion of the Agreement deemed invalid. 33.05 If an error is made in the calculation of a secretary's salary which results in underpayment, the District shall be liable for the shortage. If an error should be made which results in overpayment to the secretary, the secretary shall be obligated to repay the District. Such liability on the secretary and the District shall be limited to each fiscal year. The District may allow the employee to return the funds as determined by a court set payment plan. This agreed upon plan shall not cause undue financial hardship onto the employee. Should the employee terminate their employment prior to the fulfilment of competent jurisdiction their payment plan they must pay the remaining balance in full before receiving their final pay check. No deductions are to be unenforceablemade from the employee’s longevity pay or vacation pay unless the employee agrees to it. 33.06 Bargaining unit members shall not be charged with school disciplinary responsibilities nor shall they be required to administer disciplinary punishment to pupils but shall have adult responsibilities in connection with student behavior. If a building administrator is not available to deal with a disciplinary issue with a student, the secretary may contact the designated person in charge and notify them that determination will not affect a student has been sent to the validity office for disciplinary reasons. Public Safety may be contacted for assistance with a disruptive student. 33.07 New computer programs initiated and implemented by Technology and/or the State of Michigan that become part of the remaining provisions. 6. Member acknowledges that RWC is an administrator bargaining unit employees' responsibility should be added to their respective job descriptions and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement the District shall be interpreted and enforced in accordance provide appropriate training with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC regard to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC implementation of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the

Appears in 3 contracts

Sources: Master Agreement, Master Agreement, Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for Impossibility Neither party shall be extended to in default of this Charter, if the extent performance of any or all of this Charter is delayed prevented, delayed, hindered or otherwise made impracticable or impossible by an event not caused by the conduct reason of the person obligated to perform. Such events includeany strike, but are not limited toflood, acts of God or the public enemyhurricane, riot, fire, explosion, war, riotact of God, civil commotion sabotage or governmental conduct. 3. If a claim is made against Member any other casualty or WPMIC concerning a homecause beyond either party’s control, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and which cannot be altered or amended in any way except overcome by reasonable diligence and without unusual expense. Drug Free Workplace: The School shall be a formal written instrument signed drug-free workplace, as provided by all of State and Federal law. Entire Agreement This Charter shall constitute the full, entire, and complete agreement between the parties hereto. 5. Should legal action arise between All prior representations, understandings and agreements whether written or oral are superseded and replaced by this Charter. This Charter may be altered, changed, added to, deleted from or modified only through the parties involving voluntary, mutual written consent of the parties. Any amendment to this Agreement, Charter shall require approval of the substantially prevailing Sponsor and the Governing Board. No Assignment without Consent This Charter shall not be assigned by either party shall be reimbursed for reasonable attorney and expert witness fees by the other partywithout mutual written consent. Should No Waiver No waiver of any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement Charter shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, deemed or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC shall constitute a waiver of any change in address in writing. 11other provision unless expressly stated. Failure The failure of either party to insist in any one or more instances upon compliance with the strict performance of any one or more of the provisions of this Charter shall not be construed as a waiver or relinquishment of said term or provision, and the same shall continue in full force and effect. No waiver or relinquishment to any provision of this Agreement Charter shall be deemed to have been made by either party unless in writing and signed by the parties. Default Including Opportunity to Cure In the event that the School should default under any provision hereto, absent any circumstance permitting immediate termination, the School shall have thirty (30) days from written notice of default to cure, unless otherwise agreed to by the parties in writing. Survival Including Post Termination of Charter: All representations and warranties made herein shall survive termination of this Charter. Severability: If any provision or any part of this Charter is determined to be unlawful, void, or invalid, that determination shall not constitute a waiver affect any other provision or any part of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date any other provision of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any Charter and all expenses incurred such provisions shall remain in full force and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provisioneffect. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 3 contracts

Sources: Charter Contract, Charter Contract, Charter Renewal Contract

Miscellaneous Provisions. 1. If a claim is made against Member A. This Agreement shall supersede any rules, regulations or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by practices of the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights Board which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual teacher's contract. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher's contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement or the terms of the Limited WarrantyAgreement. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should B. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor Agreement to any teacher or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement group of teachers shall be interpreted found contrary to law, then such provision or application shall not be deemed valid, except to the extent permitted by law, but all other provisions or applications shall continue in full force and enforced in accordance with effect. If the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, School Code or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon law or to whatever other address the party may designate in writing. Member must inform RWC of any regulation mandates a change in address in writing. 11. Failure of either party to insist upon compliance that conflicts with any a provision of this Agreement Agreement, the parties agree to work cooperatively and bargain to resolve the conflict. C. In contract negotiations, neither party shall not constitute a waiver have any control over the selection of the provisionnegotiating or bargaining representative of the other party. It is recognized that all agreements are tentative until final agreement is completed. It is also recognized that no final agreement between the parties may be executed without ratification by the Board of Education and by the Association, but the parties mutually pledge that representatives selected by each shall be clothed with all necessary power and authority to make proposals, consider proposals, and make concessions in the course of negotiating or bargaining, subject to such ultimate ratification. 121. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the pluralEither party may caucus at any time. 132. The effective date If the parties fail to reach agreement in any such negotiations, either party may invoke the mediation machinery and/or fact-finding machinery of the Michigan Employment Relations Commission. D. Copies of this Agreement shall be titled “Professional Agreement between the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ Lake Public Schools and the Association” shall be duplicated at the expense of the Board within thirty (30) days after the Agreement is signed and presented to all teachers of the Association now employed and hereafter employed. Sufficient copies will be furnished to the Association at actual cost of production. E. The Board may, ▇▇ ▇▇▇▇▇after one week prior notice, Western Pacific Mutual Insurance Companyor in case of clear emergency, require a Risk Retention Group (WPMIC)teacher to have a physical or mental exam by a licensed physician designated by the Board. The Board shall not be arbitrary or capricious in requiring a teacher to have an examination. The cost of any such examination required by the Board shall be borne by the Board. During the term of this Agreement, with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇the Board and the Association shall work cooperatively to develop and implement an employee assistance plan to address the problems posed by alcohol, ▇▇▇▇▇▇▇▇▇drug abuse, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporationother illnesses that may affect the work performance of bargaining unit employees. F. This Agreement shall constitute the full and complete commitments between both parties and may be altered, partnershipchanged, individual added to, deleted from or other MEMBER: By By Proprietor/Spouse Date modified only through the voluntary, mutual consent of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the parties in written and signed amendment. G. For purposes of this Agreement the end of the school year shall be defined as June 30 and sixty days before the end of the school year shall be May 1.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. A. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement to any member or groups of members is held to be contrary to law, then such provisions or application shall not constitute a waiver be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. B. Any individual contract between the Board and an individual member, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, the Agreement, during its duration, shall be controlling. C. The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the provision. 12. Whenever appropriateschool system shall clearly exemplify that there is no discrimination in the hiring, it is intended that training, assignment or promotion, or in the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date application or administration of this Agreement shall be on the date basis of execution by RWCrace, creed, color, religion, national origin, sex, domicile, marital status, or sexual orientation. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred D. Whenever any notice is required to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees be given by either of them as a result of Member’s violation the parties to this Agreement to the other, pursuant to the provision(s) of this provision.agreement, either party shall do so by telegram or registered letter at the following addresses: 161. Member agrees If by Association to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANYBoard, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇ 2. If by Board to Association, ▇▇ ▇▇▇▇▇ to the President of the Association E. Nothing in this Agreement which changes pre-existing Board policy, rules, or regulations shall operate retroactively unless expressly so stated. F. The parties agree that members shall continue to serve under the direction of the Superintendent of Schools and Company Name: in accordance with Board and Administrative Policies, Rules and Regulations provided that the provisions of this Agreement shall supersede and prevail over any conflicting provisions. G. It is understood that, under the rulings of the courts of New Jersey and the State Commissioner of Education, the Board is forbidden to waive any rights or powers granted it by law. H. Anything to the contrary notwithstanding, nothing contained in any section, paragraph or sub-section of this Agreement shall be interpreted in any manner or be so construed as to indicate whether that the Board has waived rights which are expressly required by the courts to be retained by the Board. I. The Board shall provide a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date copy of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the contract to the Association.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1A. This Agreement is the result of collective negotiations between the Board and the Association, which have been conducted under requirements and directives of statute law. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms The provisions of this Agreement or the terms supersede all conflicting policies and directives of the Limited Warranty. 4Board and the Association. This Except as this Agreement contains shall otherwise provide, all terms and conditions of employment applicable on the entire understanding signing date of this Agreement to employees covered by this Agreement shall continue to be so applicable during the parties and cannot be altered or amended term of this Agreement. Unless otherwise provided in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party nothing contained herein shall be reimbursed for reasonable attorney and expert witness fees by the other partyinterpreted and/or applied so as to eliminate, reduce or otherwise detract from any employee benefit existing prior to its effective date. Should The intent of this clause is to apply to this Agreement only. B. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement is held to be contrary to law, then such provision or application shall not constitute a waiver of be deemed valid and subsisting, except to the provisionextent permitted by law, but all other provisions or applications shall continue in full force and effect. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date C. Copies of this Agreement shall be provided by the date of execution Board after the Agreement has been officially ratified by RWCboth the Board and the Association. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by D. Whenever either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ to this Agreement is required to correspond with the other party, only the Association President or the Board Secretary shall correspond, and such correspondence shall be addressed as follows: 1. If by the Association: Board Secretary Mount ▇▇▇▇ Township Board of Education Levis Drive Mount ▇▇▇▇▇, New Jersey 08060 2. If by the Board: President Mount ▇▇▇▇▇ Twp. Education Association Mount ▇▇▇▇ Township Schools Levis Drive Mount ▇▇▇▇▇, ▇▇ ▇▇▇▇▇New Jersey 08060 E. Whenever any correspondence is directed from the Board to the Association, Western Pacific Mutual Insurance Companycopies of said correspondence shall be forwarded to the Negotiations chairperson and the Grievance Chairperson. When correspondence is directed from the Association to the Board, a Risk Retention Group (WPMIC)copies of said correspondence shall be forwarded to the President of the Board, with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇the Superintendent, ▇▇▇▇▇▇▇▇▇and the Board Negotiating Team. For the purposes of this Agreement, ▇▇ ▇▇▇▇▇ all time Imitations shall begin upon receipt of the correspondence by either the Board Secretary or the Association President. F. A blanket policy is carried by the Board to cover any and Company Name: indicate whether a corporationall employees who are required to use their personal automobile on Board business. G. All business conducted on behalf of the Association, partnershiprelating to negotiations, individual will be conducted outside the hours designated as the normal workday, except as mutually agreed. H. This Agreement represents and incorporates the complete and final understanding of settlement by the parties on all bargainable issues, which were or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6could have been subject to negotiations.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a homeA. This Agreement constitutes Board policy for the term of said Agreement, detached garage, commercial building or remodeling project covered by and the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimBoard shall carry out the commitments contained herein and give them full force and effect as Board policy. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. B. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms any provision of this Agreement or any application of the Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. C. Any individual contract between the Board and an individual employee shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. D. The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the Limited Warrantyschool system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of teachers, or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, marital status, age or handicap. E. The Board and the Association recognize written administrative regulations and Board rules and regulations which govern teachers, but that are not a part of this Agreement. F. The Board reserves to itself sole jurisdiction and authority over matters of policy and retains the right through the Administration, in accordance with applicable laws and regulations: 1. To direct teachers within the scope of their contracts in compliance with Board policy; 2. To hire, promote, transfer, assign, and retain teachers in positions within the school district, and to suspend, demote, discharge, or take other disciplinary action against teachers; 3. To relieve teachers from duties for just cause; 4. To maintain the efficiency of the school district operations entrusted to them; 5. To determine the teaching staff by which school district operations are to be conducted; and 6. To take whatever actions may be necessary to carry out the mission of the school district in situations of emergency. G. Copies of this Agreement shall be reproduced at the expense of the Board and the Association within thirty (30) days after the Agreement is signed. Each group shall pay for the number of copies, which it deems necessary for its use and distribution. H. Whenever any communication pursuant to this Agreement is necessary, except as stated by the grievance procedure, said communication will be forwarded to the Secretary of the Board when initiated by the Association, and to the President of the Association when initiated by the Board. I. This Agreement contains incorporates the entire understanding of the parties on all matters, which were or could have been the subject of negotiation. During the term of this Agreement, neither party shall be required to negotiate with respect to any such matter, whether or not covered by this Agreement, and canwhether or not be altered within the knowledge or amended in any way except by a formal written instrument signed by all contemplation of either or both of the parties heretoat the time they negotiated or executed this Agreement. 5. Should legal action arise between J. It is agreed that, during the parties involving this period of negotiations and prior to reaching an Agreement, the substantially prevailing party specifics of the proceedings and progress of negotiations shall remain confidential. All releases to the news media shall be reimbursed for reasonable attorney made with prior notification from one party to the other. K. The Board shall endeavor to protect and expert witness fees maintain the safety, security, and welfare of any teacher threatened, menaced, or harmed while said teacher is performing duties as required by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionsAdministration. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. This Agreement shall constitute the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimfull and complete commitments between both parties. 2. Whenever timely performance is called for hereunderB. This agreement supersedes and cancels all previous Agreements, verbal or written, or based on alleged past practices between the time there for shall be extended to Board and the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate Association and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains constitutes the entire understanding of Agreement between the parties and canparties. Any amendment for agreement supplemental hereto shall not be altered or amended binding upon either party unless executed in any way except writing by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise C. Any individual contract between the parties involving Board and an individual teacher, heretofore executed shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, the substantially prevailing party during its duration, this Agreement shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should controlling. D. If any provision of this Agreement is found contrary to law, then such provision shall not be determined by a court of competent jurisdiction to be unenforceabledeemed valid, that determination will not affect the validity of the remaining provisionsbut all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision E. Copies of this Agreement titled "Professional Agreement between the Flushing Community Schools and Local 10 MEA/NEA (Flushing Unit)" shall not constitute be sent to staff in an electronic PDF format within thirty (30) days after this Agreement is signed and presented to all teachers now employed and thereafter employed. Any teacher requesting a waiver printed copy shall do so in writing to the Office of Personnel. Further, that the Board shall furnish additional hard copies of the provisionMaster Agreement to the Association as needed when requested by the FEA President. 12F. A teacher must report unavailability for work no later than one hour before the start of the teacher's work day. Whenever appropriate, it is intended that The teacher shall be required to report only once for each absence and will be informed of the use of one gender herein includes all genders and the singular includes the pluralprocess to follow. 13. G. The effective date Board will pay for the school-administered TB tine test. H. In the event of annexation, consolidation or dissolution of the school district, the provisions of this Agreement shall be binding on the successor(s) to the Board to the extent permitted and/or required by law. I. In the event that during the life of this agreement the sixth grade is placed in the Middle School Building, agreement provisions related to elementary teachers shall continue to be applied if a "self-contained classroom" structure is continued. If however, the sixth grade structure is changed to middle school type scheduling, the agreement provisions related to middle school teachers shall be applied. J. In the event that provisions of No Child Left Behind (NCLB) criteria for “highly qualified” teachers are no longer mandated by law, it is agreed that all references to same found in this collective bargaining agreement will be inoperable and moot from the date of execution by RWCsuch change in law. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Professional Agreement, Professional Agreement

Miscellaneous Provisions. 1. If This Agreement shall be subject to a claim is made against Member periodic review every after six (6) months and may be modified, amended or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by rescinded at any time for the RWC Warranty Program, Member shall, mutual benefit and upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied mutual agreement in connection with such claimwriting of the Parties hereto. 2. Whenever timely performance It is called for hereunder, understood and agreed that no employer-employee relationship shall exist or arise between PHILHEALTH and the time there for LANDBANK representative/s and other workers who may be contracted by the latter to carry out the services of LANDBANK under this Agreement. LANDBANK shall be extended hold PHILHEALTH free and harmless from any claims and causes of action relating to the extent performance is delayed by an event not caused by the conduct employment status of the person obligated LANDBANK’s representatives and workers who shall remain accountable solely to perform. Such events include, but are not limited to, acts LANDBANK in the performance of God or the public enemy, war, riot, civil commotion or governmental conducttheir duties. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner The failure of the homeParties to insist upon a strict performance of any of the terms, detached garageconditions and covenants hereof shall not be deemed a relinquishment or waiver of any right or remedy a Party may have, commercial building not shall it be construed as a waived of any subsequent breach or remodeling project default or the terms, conditions and covenants herein contained, which shall be considered separate in full force and apart from effect. No waiver by either Party shall be deemed to have been made unless expressed in writing and cannot affect the terms of this Agreement or the terms of the Limited Warrantysigned by a duly authorized representative thereof. 4. This Agreement contains the entire understanding If any of the parties and canprovisions of this Agreement be declared invalid of illegal, such invalidity or illegality shall not be altered or amended in any way except by a formal written instrument signed by all affect the remaining provisions hereof or any vested right which may have already accrued in favor of the parties heretoParties. 5. Should legal action arise between During the parties involving period when collections and payments made in accordance with this AgreementAgreement are not yet credited to the PHILHEALTHNon- Interest Bearing Account, risk of loss of the substantially prevailing party amounts collected electronically shall be reimbursed the sole responsibility of LANDBANK, without prejudice to the LANDBANK’s right to avail of its legal remedies against the person responsible for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionsloss. 6. Member acknowledges that RWC is an administrator LANDBANK shall be relieved from the performance of its obligations and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwisethe payment of penalties under this Agreement in the event of force majeure. 7. This Agreement and the documents referred to herein or executed contemporaneously herewith constitute the entire Agreement of the Parties with respect to the subject matter hereof and shall supersede any prior expressions of intent or understanding with respect to this transaction. 8. Neither Party may assign or delegate its rights, duties or obligations under this Agreement without the prior written consent of the other Party. Notwithstanding the foregoing, a Party may assign this Agreement to an affiliate, subsidiary or any entity owned or controlled by the assigning Party, or pursuant to the merger, consolidation or corporate reorganization upon notice to LANDBANK. 9. PHILHEALTH at its own expense, agrees to indemnify and hold LANDBANK, its directors, officers and employees, free and harmless from any and all losses, damages or liabilities, of whatever kind and nature, including Attorney’s fees, which LANDBANK may suffer in connection with this Agreement for causes attributable to the fault or negligence of PHILHEALTH and/or its employees. Likewise, LANDBANK, at its own expense, shall indemnify and hold PHILHEALTH, its directors, officers and employees free and harmlessl with respect to losses, damages or liabilities, including Attorney’s fees, to the extent based upon (i) personal injury or property damage caused by the fault or negligence of LANDBANKor its employees, or (ii) any breach or wilful, intentional or negligent actions or failures by LANDBANK or its employees. 10. This Agreement shall be interpreted governed and enforced construed in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writingPhilippines. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date Any legal action arising under or by virtue of this Agreement shall be brought only and exclusively in the date proper courts of execution by RWCPasig City to the exclusion of all other courts. 12. The waiver or failure of a Party to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. The rights and remedies of a Party set forth in this Agreement are in addition to any rights or remedies the PHILHEALTH may otherwise have at law or in equity. 13. All provisions hereof relating to proprietary rights, confidentiality and non-disclosure and indemnification shall survive the completion of the collection services or any earlier termination of this Agreement. 14. All terms not defined herein shall have the meanings ascribed In case of unresolved conflicts in the Limited Warranty book containing the Warranty Resolution Procedures, interpretation and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation implementation of this provisionAgreement, the Parties agree to submit such dispute/s to arbitration in accordance with Philippine arbitration laws, rules and regulations. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Memorandum of Agreement, Memorandum of Agreement

Miscellaneous Provisions. Section 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by In the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should that any provision of this Agreement is or shall at any time be determined held to be contrary to law by a court of last resort of Pennsylvania or of the United States or by a Court of competent jurisdiction from whose judgment or decree no appeal has been taken within the time provided for doing so, then such provision shall not be applicable or performed or enforced except to be unenforceable, that determination will not affect the validity extent permitted by law. All other provisions of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted remain in full force and enforced in accordance with effect. In the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with event any provision of this Agreement is or shall not constitute be held contrary to law as stated above the parties shall meet within 10 calendar days for the purpose of negotiating a waiver of the substitute provision. 12Section 2. Whenever appropriate, it is intended that the use of one gender herein includes all genders The Commonwealth and the singular includes Federation acknowledge that this Agreement represents the pluralresults of collective negotiations between said parties conducted under and in accordance with the provisions of the Public Employe Relations Act and constitutes the entire agreement between the parties for the duration of the life of said Agreement; each party waiving the right to bargain collectively with each other with reference to any other subject, matter, issue, or thing whether specifically covered herein or wholly omitted here from and irrespective of whether said subject was mentioned or discussed during the negotiations preceding the execution of this Agreement. 13Section 3. The effective date In the event that any provision of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Proceduresrequires legislative action to become effective, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, including but not limited toto the amendment of existing statutes, attorney fees by either the adoption of them new legislation, or the granting of appropriations, it shall become effective only as a result of Member’s violation such legislative action is taken. The parties, however, mutually agree to make recommendations to the Legislature which may be necessary to give force and effect to the provisions of this provisionAgreement. 16Section 4. Member Employees desiring to transfer to other positions shall submit a written request to their immediate supervisor stating the reasons for the requested transfer. If the Employer in its sole discretion agrees to such transfer, the employee shall be entitled to maintain whatever seniority rights that are appropriate. Section 5. Policies concerning tobacco use at the work site, including prohibitions against tobacco use, may be established by the Commonwealth after meet and discuss with the Union. The Commonwealth shall ensure that tobacco use policies are applied uniformly to all terms employees at the work site. Section 6. The Department of Corrections Drug and Alcohol Policy will be modified as follows: The scope of testing and cut-off levels shall conform to those established by the Membership Agreement U.S. Department of Health and Human Services in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the Mandatory Guidelines for Federal Workplace Drug Testing Programs.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. The Committee and the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time Association agree that there for shall be extended to the extent performance is delayed by an event not caused by the conduct no discrimination, and that all practices, procedures, and policies of the person obligated to perform. Such events includeschool system shall clearly exemplify that there is no discrimination in the hiring, but are not limited totraining, acts of God assignment, promotion, transfer or in the public enemy, war, riot, civil commotion application or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, sexual orientation, domicile or the terms of the Limited Warrantymarital status. 4. B. This Agreement contains constitutes Committee policy for the entire understanding term of said Agreement, and the parties Committee shall carry out the commitments contained herein and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties heretogive them full force and effect as Committee policy. 5C. Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement (as provided by current applicable Committee policies) shall continue to be so applicable during the term of this Agreement. Should legal action arise between the parties involving Unless otherwise provided in this Agreement, the substantially prevailing party nothing contained herein shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should interpreted and/or applied so as to eliminate, reduce or otherwise detract from any professional working conditions in effect immediately prior to its effective date. D. If any provision of this Agreement be determined by a court or any application of competent jurisdiction this Agreement to any employee or group of employees is held to be unenforceablecontrary to law, that determination will then such provision or application shall not affect be deemed valid and subsisting, except to the validity extent permitted by law, but all other provisions or applications shall continue in full force and effect. E. Once employed, any individual contract between the Committee and an individual teacher heretofore or hereafter executed shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. F. All educational functions of a professional nature traditionally performed and presently being performed by members of the remaining provisionsbargaining unit shall continue to be performed by the members of the bargaining unit. In order to provide adequate educational services for students identified as having special needs, the Committee may hire paraprofessional tutors who shall work with such students in cooperation with and under the immediate supervision of students’ classroom teachers and/or special education teachers. Said paraprofessional tutors shall be under the overall supervision of the Director of Special Education and Program Accountability. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwiseG. The Committee will post this Agreement on the school district website. 7. This Agreement H. The Committee and the Association or their representatives agree to meet periodically during the school year at mutually agreeable times to discuss matters of mutual interest and concern. I. Only as modified by this Agreement, the authority and jurisdiction of the School Committee shall be interpreted and enforced in accordance with maintained as provided by the Massachusetts Constitution, the General Laws of the Massachusetts, or the laws of the state United States. Except as provided by the terms of this Agreement, the determination and administration of educational policy, the operations of the schools and the direction of the professional staff are vested exclusively in which Member maintains its principal place of businessthe School Committee. 8. This Agreement is not assignable by Member without J. The Association recognizes it legal responsibility to accept the prior written consent provisions of RWC. 9. This Agreement is binding on Chapter 149, Section 178M of the partiesGeneral Laws: “It shall be unlawful for any employee to engage in, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaidinduce, or other encourage any strike, work stoppage, slowdown, or withholding of services by such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Programemployees.” 15. This Agreement does not create an agency. Member is not an agent K. Each school year the Superintendent shall appoint, in consultation with the President of RWC or WPMICthe Association, a joint committee consisting of 3 representatives of the Association and 3 administrators for the purpose of recommending to the Superintendent by May 15 of each year any changes in procedures and format for reporting student progress to parents for the following year. L. The Committee agrees to consult with representatives of the Association regarding any new program(s) which could affect wages, hours, and Member and its employees are not authorized other conditions of employment prior to hold themselves out as agents the implementation of RWC or WPMICsuch program(s). Member and its employees have no authority to bind or obligate RWC or WPMIC. Member If the results of said consultation indicate that the new program(s) will affect wages, hours and/or other conditions of employment, the Committee agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provisionnegotiate same. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1A. This Agreement shall supersede any rules, regulations, or practices of the Board which are contrary to or inconsistent with its terms. If a claim is made against Member It shall likewise supersede any contrary or WPMIC concerning a home, detached garage, commercial building inconsistent terms contained in any individual Teacher contracts in effect or remodeling project covered by concluded during the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimterm of this Agreement. 2. Whenever timely performance is called for hereunder, the time there for B. This Agreement shall be extended to posted on the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductDistrict’s website. 3. C. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees is found contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law; but all other provisions or applications shall continue in full force and effect. 6D. Upon written request, each Teacher shall be issued two (2) complimentary general admission passes for all High School athletic events. Member acknowledges that RWC is an administrator These complimentary passes shall be used solely by the Teacher and not a warrantor or insurerhis/her guest. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney feesIn lieu of complimentary general admission passes, if Member should ever claim otherwisehe/she prefers, each Teacher may purchase two (2) reserved seat season passes for High School varsity basketball and/or football games at half the established price. 7E. Activities listed in Schedules B, C, and D and other appointed assignments (other than regular teaching duties) shall not be subject to tenure in position. F. Teachers who travel daily as part of their schedule would receive $1,000 per year and no longer receive or have to track mileage. This Agreement shall Teachers traveling less than every day would be interpreted and enforced prorated accordingly. G. If a Teacher is required to use his/her personal vehicle in the course of employment, outside of teaching responsibilities, with the District, the Teacher will be reimbursed at the standard mileage rate in accordance with the laws of the state in which Member maintains its principal place of businessIRS guidelines. 8. This Agreement is not assignable by Member without H. An Emergency Manager appointed under the prior written consent of RWC. 9. This Agreement is binding on the partiesLocal Government and School District Fiscal Accountability Act may reject, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaidmodify, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of terminate this Agreement shall not constitute a waiver of the provisionas provided by law. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Professional Agreement, Professional Agreement

Miscellaneous Provisions. 1. If 13.1 Pursuant to Executive Order #24, which went into effect on July 29, 2002, and as same may be applicable to Owner’s Project, the Architect shall construct the Project Designs in a claim is made against Member or WPMIC concerning a homemanner that incorporates the guidelines known as Leadership in Energy and Environmental Design (“LEED”), detached garageVersion 2.0, commercial building or remodeling project covered to achieve maximum energy efficiency and environmental sustainability in school construction, which guidelines were developed by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimUnited States Green Build Council. 2. Whenever timely performance 13.2 This agreement, if necessary, is called for hereunder, the time there for shall be extended assignable to the extent performance EDA/New Jersey Schools Development Authority 13.3 The Architect acknowledges that this Project is delayed by an event not caused by a school facilities Project as defined in the conduct of Educational Facilities and Financing Act, P.L. 2000c.72(NJSA 18A:7G-1 et.seq) (The Act) thereby being funded in part with funds from the person obligated to perform. Such events include, but are not limited to, acts of God or New Jersey Economic Development Authority (the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling Authority) This project shall be considered separate completed as required by the Act and apart from the regulations applicable thereto. Architect shall recommend language for use in Bid and cannot affect Contract Documents which complies in each particular, with the terms Act and the New Jersey Schools Construction Corporation (NJSCC) requirements. 13.4 The Architect shall execute the “Form of Consultant Certification and Consent Upon Award of Contract” promulgated by the Authority and shall comply with all other conditions which may be imposed by the Authority during the course of this project and thereafter, as applicable to this Project. 13.5 Architect agrees that it shall permit the Economic Development Authority, Unit of Fiscal integrity, Department of Community Affairs, Department of Education, Department of labor and their duly authorized agents to investigate, audit, examine, and inspect in such manner and at such times as such authorities deem necessary. Architect agrees that all documents relevant to this project or which in any way relate to the School Facilities Project and/or to the grant shall be retained for ten (10) years following closeout, provided however, if any litigation, claim or audit relating to the school facilities project and/or to the grant is commenced prior to closeout, such records and documents shall be retained until all litigation, claims or audit findings involving the records have been fully resolved 13.6 This Agreement or consists of the document above-written and the Architect’s proposals submitted to the Owner together with any attachments hereto. To the extent that the proposal is inconsistent with the Agreement, the terms of the Limited WarrantyAgreement shall govern, unless the Proposal imposes a greater duty upon the Architect or is otherwise more advantageous to the Owner. 413.7 Architect agrees that where relevant, it shall comply with the following: Anti-discrimination provisions of NJSA 10:2.1 et. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties heretoSeq. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney New Jersey Law Against Discrimination. NJSA 10:5-1 et seq, NJAC 17:27-1.1 et seq and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionsNJAC 6:4-1.6. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Architect of Record Master Agreement, Architect of Record Master Agreement

Miscellaneous Provisions. 1. If A. This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from or modified only through the voluntary mutual consent of the parties in a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign written and signed amendment to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimthis agreement. 2. Whenever timely performance is called for hereunderB. This Agreement shall supersede any rules, regulations or practices of the time there for District which shall be extended deemed contrary to the extent performance or inconsistent with its terms. The District agrees to take whatever action is delayed by an event not caused by the conduct of the person obligated necessary to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect establish the terms of this Agreement as policies of the School District. The District agrees to maintain its past policies which establish terms and conditions of employment, but which policies are not set forth in this Agreement, at the same level as they presently exist. The District shall, however, except as herein stated, have the right without prior consultation or approval from the Association, to establish, modify or repeal policies, regulations or Bylaws not expressly and specifically set forth herein, provided, however, that such establishment, modification or repeal does not alter terms and conditions of employment. C. Any individual arrangement, agreement or contract between the District and an individual teacher, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement and any individual arrangement, agreement or contract hereafter executed shall be made subject to and consistent with the terms of this or subsequent agreements to be executed by the Limited Warrantyparties, except as otherwise authorized in this Agreement. 4D. Non-resident children of full-time unit members may attend the District schools without payment of tuition. This Agreement contains However, the entire understanding child may be admitted to the K-12 program if and only if, in the judgment of the parties Superintendent of Schools: o There is sufficient space to accommodate the student; o No increase in the size of faculty or staff will be necessary to accommodate the child; o The student seeks and cannot be altered or amended in any way except by is appropriate for placement within a formal written instrument signed by all of the parties heretocurrently provided district- based program. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should E. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity agreement or any application of the remaining provisionsagreement to any teacher or group of teachers shall be found contrary to law, then such provision or application shall not be valid and subsisting except to the extent permitted by law, but all other provisions or application shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date F. Copies of this Agreement shall be printed at the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms expense of the Membership Agreement in confidence Board and not given to disclose any such terms to any person all teachers now employed or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution hereafter employed by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the Board.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. A. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be determined by contrary to law in a court of competent jurisdiction jurisdiction, then such provision or application shall be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. B. Any individual contract between the Board and the individual administrator, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement during its duration shall be controlling. Accordingly, each individual administrator contract shall reflect the terms of this provision. C. Whenever any notice is required to be unenforceable, that determination will not affect the validity given by either of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision parties of this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by telegram or certified letter at the following addresses: 1. If by Association, to Board, at Office of the Board Secretary, Hazlet, New Jersey. 2. If by Board, to Association, address is the home of its President. D. Administrators who are required to use their own automobiles in the performance of their duties shall be reimbursed for all such travel at the rate of: However, if this contract is reopened for negotiations, the parties will consider a modification to this section. E. There shall be no reduction in the Administrative staff without prior consultation between the Superintendent of Schools and the Association. F. The Board shall give full support, including legal and other assistance, for any assault upon the administrator while acting in the discharge of his/her duties. G. When absence arises out of or from such assault or injury, the administrator shall be entitled to full salary and other benefits for the period of such absence but shall not constitute a waiver of the provisionforfeit any sick or personal leave. 12H. The Board shall reimburse administrators for the reasonable cost of any clothing or other personal property damage or destroyed because of an assault suffered by an administrator while the administrator was acting in the discharge of his/her duties within the scope of his employment. I. Proposals for curriculum changes can be initiated by professions of any level of responsibility. 1. Whenever appropriateBefore a proposal involving curriculum change is sent to the Superintendent, administrators affected by the change will review, modify, and approve the proposal. 2. If a disagreement between the people initiating the proposal and an administrator cannot be resolved, it shall be referred to the Superintendent to render a final decision. J. The Board and the Association agree that the Board will pay Association's dues to one state and one national organization for each administrator in the group. K. Each bargaining unit member shall be provided access and use of proper technology equipment during the term of their employment with the District. Each bargaining unit member shall be provided a district issued cell phone with a data plan or be reimbursed up to $50 per month toward their own plan on a quarterly basis, it is intended expected that the use unit member will check email and answer phone calls outside of one gender herein includes all genders and the singular includes the pluralregular day. 13. The effective date L. Copies of this Agreement shall be the date of execution by RWCdistributed in electronic format. 14. M. All terms not defined herein employees shall have direct deposit and the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to District will maintain all terms of payroll information electronically. Employees will have the Membership Agreement in confidence and not ability to disclose access their information online at any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6time.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1A. This Agreement shall supersede any Board rule, regulation or practice that directly conflicts with any lawful provision of this Agreement. If a claim is made against Member It shall likewise supersede any contrary or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC inconsistent terms contained in any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied individual teacher contracts heretofore in connection with such claim. 2effect. Whenever timely performance is called for hereunder, the time there for All future individual teacher contracts shall be extended made expressly subject to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement B. This Agreement or will be posted on the terms of District’s website with the Limited WarrantyAssociation and Association members having the right to print said agreement at no cost to the employee. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should C. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provision or application shall be null and void except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not D. The Instruction Committee Chairperson of the Association shall be a warrantor or insurer. Member member of the District Curriculum Committee. E. The Association shall furnish the Board with the names of the members of its Board of Directors. F. The School Board agrees to indemnify RWC and hold it harmless from any loss or expensesupply each teacher, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with upon the laws request of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance teacher with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes pass for all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ Schools events occurring on ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇Schools property. This pass shall be good for the teacher and Company Name: indicate whether spouse or teacher and guest, it being intended that unmarried teachers may bring a corporationguest. Such pass shall not be transferable. G. The Board and Association will cooperate in the planning of in-service programs. H. Teachers may elect to receive their pay in either twenty-six (26), partnershipor 27 in some years, individual or other MEMBER: By By Proprietortwenty-one (21) equal bi-weekly installments. In the event a teacher terminates his/Spouse Date her employment during the school year and owing money advanced under this section does not repay the District, the Association will reimburse the District the advanced money which was not repaid. I. In order to protect and enhance air quality and contribute to the health and well-being of Execution all individuals, it is mutually understood and fully agreed by RWC RWC Registration Number the Board and the Association that the ▇▇▇▇ ▇▇▇▇▇▇ Public Schools buildings and grounds shall be entirely smoke and tobacco free seven days a week, twenty-four hours per day, all year long. Smoking and use of tobacco products will be strictly prohibited within all buildings, vehicles and grounds. The success of this policy will depend upon the thoughtfulness, consideration and cooperation of smokers and non-smokers. All individuals who violate this policy will be subject to discipline, enforced by designated school personnel, up to but not greater than the State law (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6$50 fine).

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member 17.1 You warrant and confirm that you have not entered into any agreement, arrangement or WPMIC concerning a homeunderstanding, detached garagewhether written or oral, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC with any rights which it may have against a supplier, manufacturercontractor, subcontractor or other person for work performed customer, relating to the business of the Company or materials supplied in connection with such claimany Associated Company. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God 17.2 The expiration or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms termination of this Agreement or the terms shall not operate to affect such of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision provisions of this Agreement as are expressed to operate or have effect after then and shall be determined by a court of competent jurisdiction without prejudice to be unenforceable, that determination will not affect the validity any accrued rights or remedies of the remaining provisionsParties. 6. Member acknowledges that RWC is an administrator 17.3 The validity, construction and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This performance of this Agreement shall be interpreted and enforced in accordance with governed by English law. All disputes claims or proceedings between the laws Parties relating to the validity, construction or performance of this Agreement shall be subject to the exclusive jurisdiction of the state High Court of Justice in England and Wales to which Member maintains its principal place of businessthe Parties irrevocably submit. 8. This 17.4 Any notice to be given by a Party under this Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and must be given by delivery at or by sending first class post or other faster postal service, or telex, facsimile transmission or other means of telecommunication in permanent written form (provided the addressee has his own facilities for receiving such transmissions) to the last known postal address or relevant telecommunications number of the other Party. Where notice is given by sending in a prescribed manner it shall be deemed to have been received at the time at which the letter was delivered personally or transmitted or if sent by certified mailpost, postage prepaid, or other such form 48 hours after posting. To prove the giving of a notice deemed acceptable by RWC it shall be sufficient to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writingshow it was despatched. 11. Failure of either party to insist upon compliance with any provision of 17.5 The terms contained in this Agreement shall not constitute a waiver of are such terms contained in the provision. 12. Whenever appropriateHandbook which are stated to have contractual force embody the entire agreement between the Parties in relation to your Employment and all other agreements or arrangements, it is intended that whether written or oral, express or implied, between the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of Parties relating to your services save as referred to in this Agreement shall be the date of execution by RWCdeemed to have been cancelled and longer in effect. 14. All terms not defined herein shall have 17.6 A contracting-out certificate pursuant to the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6is not in force.

Appears in 2 contracts

Sources: Employment Agreement (GFI Group Inc.), Employment Agreement (GFI Group Inc.)

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by 15.1 During the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms term of this Agreement Agreement, LICENSEE shall fully disclose to CURF all improvements and modifications to TECHNOLOGY and LICENSED PRODUCTS which are developed wholly or partly by LICENSEE or its SUBLICENSEES and their employees, contractors, agents and subsidiaries. The UNIVERSITY and CURF shall have a non-exclusive non -transferable royalty-free license to utilize such improvements and modifications for NON-COMMERCIAL RESEARCH PURPOSES. LICENSEE hereby acknowledges that the terms provisions of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and canthis paragraph shall not be altered or amended in any way except inhibit or detract from the rights of ownership CURF or UNIVERSITY may enjoy in any improvements or modifications to the TECHNOLOGY and LICENSED PRODUCTS developed in whole or in part by a formal written instrument signed by all INVENTOR(S) or other employees of CURF or the UNIVERSITY. 15.2 Each PARTY expressly acknowledges that the relationship between the PARTIES to this Agreement is that of independent contractors, and not agents, employees or representatives of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7other. This Agreement shall not be interpreted deemed to create a partnership, joint venture or principal-and-agent relationship between CURF and enforced LICENSEE or UNIVERSITY and LICENSEE. Except as expressly permitted in this Agreement, neither PARTY shall have the authority to bind the other to any agreement or obligation whatsoever, nor shall either PARTY represent that it has any such right or authority to any third party. 15.3 This Agreement constitutes the entire and only agreement between the PARTIES as to the subject matter hereof and all other prior negotiations, representations, agreements and warranties are superseded in totality by this Agreement. No agreements altering or supplementing the terms hereof shall be made except by a written document signed by both PARTIES. To become effective, this Agreement must be signed by LICENSEE within twenty (20) calendar days of signature by CURF. 15.4 If any part of this Agreement is for any reason found to be invalid or unenforceable, all other parts nevertheless remain enforceable. 15.5 LICENSEE and its SUBLICENSEES shall ▇▇▇▇ all products covered by PATENT RIGHTS with patent numbers in accordance with the laws statutory requirements in the country(ies) of manufacture, use and sale, and pending the state in which Member maintains issue of any patents, LICENSEE and its principal place of businessSUBLICENSEES shall ▇▇▇▇ the products, “Patent Pending,” or the foreign equivalent as appropriate. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure 15.6 The failure of either party PARTY to assert a right hereunder or to insist upon compliance with any provision term or condition of this Agreement shall not constitute a waiver of that right or excuse a subsequent and/or similar failure to perform any such term or condition by the provisionother PARTY. 12. Whenever appropriate15.7 Upon the request of the other PARTY, it is intended that each PARTY shall execute and deliver such additional documents and perform such other acts as the use other PARTY may reasonably request and as may be necessary to affect the purposes and intent of one gender herein includes all genders and the singular includes the pluralthis Agreement. 13. The effective date 15.8 All titles and article headings contained in this Agreement are inserted only as a matter of convenience and reference and do not define, limit, extend or describe the scope of this Agreement shall be or the date intent of execution by RWCany of its provisions. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: License Agreement, License Agreement (Organovo Holdings, Inc.)

Miscellaneous Provisions. Section 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by In the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should that any provision of this Agreement is or shall at any time be determined held to be contrary to law by a court of last resort of Pennsylvania or of the United States or by a Court of competent jurisdiction from whose judgment or decree no appeal has been taken within the time provided for doing so, then such provision shall not be applicable or performed or enforced except to be unenforceable, that determination will not affect the validity extent permitted by law. All other provisions of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted remain in full force and enforced in accordance with effect. In the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with event any provision of this Agreement is or shall not constitute be held contrary to law as stated above the parties shall meet within 10 calendar days for the purpose of negotiating a waiver of the substitute provision. 12Section 2. Whenever appropriate, it is intended that the use of one gender herein includes all genders The Commonwealth and the singular includes Federation acknowledge that this Agreement represents the pluralresults of collective negotiations between said parties conducted under and in accordance with the provisions of the Public Employe Relations Act and constitutes the entire agreement between the parties for the duration of the life of said Agreement; each party waiving the right to bargain collectively with each other with reference to any other subject, matter, issue, or thing whether specifically covered herein or wholly omitted here from and irrespective of whether said subject was mentioned or discussed during the negotiations preceding the execution of this Agreement. 13Section 3. The effective date In the event that any provision of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Proceduresrequires legislative action to become effective, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, including but not limited toto the amendment of existing statutes, attorney fees by either the adoption of them new legislation, or the granting of appropriations, it shall become effective only as a result of Member’s violation such legislative action is taken. The parties, however, mutually agree to make recommendations to the Legislature which may be necessary to give force and effect to the provisions of this provisionAgreement. 16Section 4. Member Employees desiring to transfer to other positions shall submit a written request to their immediate supervisor stating the reasons for the requested transfer. If the Employer in its sole discretion agrees to such transfer, the employee shall be entitled to maintain whatever seniority rights that are appropriate. Section 5. Policies concerning tobacco use at the work site, including prohibitions against tobacco use, may be established by the Commonwealth after meet and discuss with the Union. The Commonwealth shall ensure that tobacco use policies are applied uniformly to all terms employees at the work site. Section 6. The Department of Corrections Drug and Alcohol Policy will be modified as follows: The scope of testing and cut-off levels shall conform to those established by the Membership Agreement U.S. Department of Health and Human Services in confidence and not the Mandatory Guidelines for Federal Workplace Drug Testing Programs. Section 7. With respect to disclose any Librarians in the Department of Corrections, at no time, including during institutional lockdown, drills, or limited states of emergencies, will such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6employees be

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1A. This Agreement shall constitute the full and complete contract between both parties and if either party wishes to reopen negotiations during the life of this contract they must file with the other party a written request setting forth the Article they wish to reopen. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered The opposite party may consent to this reopening in writing. Any changes resulting from this reopening must be signed by the RWC Warranty Program, Member shall, upon request, assign parties and will be considered an amendment to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimthis contract. 2. Whenever timely performance is called for hereunderB. Any individual contract between the Board and an individual teacher, the time there for heretofore executed shall be extended subject to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect consistent with the terms and conditions of this Agreement and Board Policy. If an individual contract contains any language inconsistent with this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties Board Policy, Board Policy and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party during its duration, shall be reimbursed for reasonable attorney and expert witness fees by controlling. C. This Agreement shall supersede any rules, regulations or practices of the other party. Should Board which shall be contrary to or inconsistent with its terms. D. If any provision of this Agreement or any application of the Agreement, to any employee or group of employee, shall be determined found contrary to law then such provisions or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. E. Each teacher shall submit to a general physical and/or mental examination at the discretion of the Board. The cost of such examination and the selection of the physician shall be set by the Board. When the examination shows the teacher to be physically or mentally incompetent or hindered in the performance of his/her duties, the teacher may also undergo a similar examination by a court physician chosen by the JCEA. Subject to the Michigan Teacher's Tenure Act, the teacher shall be suspended until the examining physician releases the teacher for duty. If the final determination is that the teacher is physically or mentally unfit to teach, the suspension shall not be charged against the teacher's sick leave. If there is good reason to suspect that a teacher is abusing sick leave, the teacher may be required to provide verification of competent jurisdiction illness or disability provided: 1. Notification to the teacher that verification will be unenforceable, that determination required will not affect be made at such a time to reasonably allow the validity of the remaining provisionsteacher to obtain verification. 62. Member acknowledges The basis for the decision that RWC a teacher is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement misusing sick leave shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC promptly presented to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders teacher and the singular includes JCEA president. Reasonable costs incurred by the plural. 13. The effective date of this Agreement teacher in obtaining verification shall be borne by the date Board if illness is verified. A teacher may also be required to obtain a doctor's certificate verifying recovery from an illness or disability prior to returning to active service following a medical absence of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6four

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Miscellaneous Provisions. 1. If A. This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from or modified only through the voluntary mutual consent of both parties in a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign written and signed amendment to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimthis Agreement. 2. Whenever timely performance is called for hereunderB. The parties acknowledge that, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended during negotiations which resulted in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, each had and fully exercised the substantially prevailing party shall be reimbursed for reasonable attorney right and expert witness fees by opportunity to make demands and proposals with respect to any subject or matter. Therefore, the Board and Association each agree that the other party. Should shall not be obligated to bargain on any subject for the duration of this Agreement. C. If any provision of this Agreement or any application of the Agreement to any Employee or group of Employees should be determined found contrary to law by a court of competent jurisdiction to jurisdiction, then such provision or application shall be unenforceablenull and void but all other provisions or applications shall continue in full force and effect. D. This Agreement shall supersede any rules, that determination will not affect the validity regulations or practices of the remaining Board which shall be contrary to or inconsistent with its terms. It shall likewise supersede any contrary or inconsistent terms contained in any individual Employee contracts heretofore in effect. E. If a change in law or any implementation of law leads to a conflict in the implementation of the contract as written, the parties shall renegotiate affected provisions. 6. Member acknowledges that RWC F. In the event a Constituent District takes over a program or service which is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable being operated by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇, the following procedures will apply: 1. If the individual currently functioning in that position is non-probationary, they will be given the first choice to stay in that position. If the Employee elects to stay in that position, they will be voluntarily laid off. 2. Should the Employee not elect to stay in the position but prefer to remain in the employ of ▇▇▇▇, procedures identified under Article 11, Reduction and Recall will be followed. 3. Michigan law will be invoked under such conditions entitling the laid-off to those legal rights established by applicable Michigan law. G. An emergency manager appointed under the Local Financial Stability and Choice Act, MCL 141.541 et seq. may reject, modify, or terminate this Agreement as provided in that Act. Appendix A – Wage Schedules A. The Board and the Union shall meet in May of 2020 and 2021 for the purpose of negotiating the wage schedule for future years. B. 2019 - 2020 Wage Schedule: Step RN ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇ 5 1 45,840 42,222 43,896 45,756 47,430 49,476 2 47,941 44,268 46,128 47,802 49,848 51,708 3 50,042 46,500 48,174 50,220 52,080 54,312 4 52,334 48,546 50,592 52,638 54,684 56,730 5 54,626 50,964 53,010 55,056 57,288 59,520 6 57,109 53,382 55,428 57,660 59,892 62,310 7 59,783 55,986 58,218 60,450 60,822 65,286 8 62,839 58,962 60,822 63,240 65,844 68,448 9 65,513 61,566 63,798 66,402 69,006 71,796 10 - - 67,332 69,564 72,354 75,144 11 - - 70,308 72,912 75,702 78,678 12 - - - 76,818 79,980 83,142 13 - - - 80,166 83,514 86,676 The Board shall convene a special conference once each district has ratified their teacher labor agreement, but no later than October 31, to review the comparability of wages and longevity for the BA, MA and MA +30 wage scales to the Brighton, Fowlerville, Hartland, ▇▇▇▇▇▇, ▇ & ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Districts and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietorshall re-open the wage scale for any comparable step/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6scale that ranks lower than 3rd amongst the six organizations. Wage Schedule Notes

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1A. The Board agrees at all times to maintain an adequate list of substitute teachers. If Teachers shall be informed of a claim is made against Member or WPMIC concerning telephone number they may call before 7:00 a.m. to report unavailability for work. Once a hometeacher has reported unavailability, detached garage, commercial building or remodeling project covered it shall be the responsibility of the administration to arrange for a substitute teacher. B. This Agreement shall supersede all previous policies adopted by the RWC Warranty ProgramBoard or past practices affecting the Association which are contrary to or inconsistent with its terms, Member shall, upon request, assign except as mutually agreed to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied by the Board and the Association through subsequent negotiations. All such previous policies adopted by the Board and all such past practices affecting the Association pursuant to this provision are no longer in connection with such claimeffect. 2. Whenever timely performance is called for hereunder, C. Copies of the time there for Agreement shall be extended published at the expense of the Board and presented to the extent performance is delayed by an event not caused all teachers now employed or hereafter employed by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductBoard. 3. D. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to either party shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges E. It is contemplated that RWC is an administrator and matters not a warrantor or insurer. Member agrees specifically covered by this Agreement but of common concern to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement the parties shall be interpreted and enforced in accordance with subject to professional negotiations between them from time to time during the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision period of this Agreement shall not constitute a waiver by mutual consent of the provisionboth parties and only by mutual consent. The parties undertake to cooperate in arranging meetings, selecting representatives for such discussions, furnishing necessary information and otherwise constructively considering and resolving any such matters. 12. Whenever appropriateF. In the event the Board finds it necessary to operate on a one-half day schedule, it is intended that the use of one gender herein includes all genders salary, hours, and the singular includes the pluralterms are to be reopened to negotiations. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred G. Any classes offered to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇-▇▇▇▇▇▇ High School as of September 1, 1985, will not be offered to ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ -▇▇▇▇▇▇ ▇▇, High School students in a consortium or cooperative program without prior approval of the ▇▇▇▇▇▇-▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether Education Association. H. Any material of a corporation, partnership, individual negative nature more than four (4) years old will be expunged from the teacher's file. The exception(s) will be behavior of a recurring nature or other MEMBER: By By Proprietor/Spouse Date where removal of Execution by RWC RWC Registration Number the material is prohibited under Section 1230b of the Revised School Code (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANYor its successor provision). The teacher must request in writing the removal of said material. I. In the event that pupil instruction is not provided due to conditions not within the control of school authorities, (WPMICsuch as due to severe storms, fire, epidemics, or health conditions), teachers shall be excused from reporting to duty without loss of pay. Days and hours lost due to school closings under the above conditions shall not be rescheduled, unless otherwise required to qualify for state aid. J. Teachers will work added days and hours as required by the Revised School Code and State School Aid Act and any changes during the duration of this contract. K. Each teacher who has used two (2) A Risk Retention Group By Signature Street Address Social Security Number Cityor fewer sick days during the previous school year shall be allowed one (1) day per school year for professional improvement. Such days may be used at the teacher's discretion for, Statebut not limited to such activities as: seminars, Zip Signature Street Address Social Security Number Cityworkshops, Statein-services, Zip Signature Street Address Social Security Number Cityeducationally relevant visitations, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6etc. The activity attended must be in the State of Michigan. This day must be used as a full day. Personal day guidelines are in effect here. Unused days may be accumulated for one (1) year only.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. A. The effective date provisions of this Agreement shall be incorporated into and be considered part of the date established policies of execution by RWCthe Board; and all individual teacher contracts in effect during the term of this master agreement shall be subject to the provisions of this Agreement. 14. All terms not defined herein B. Copies of this Agreement shall have be printed at the meanings ascribed expense of the Board and presented to all regularly contracted teachers now employed or hereafter employed by the Board. C. To the extent provisions included in the Limited Warranty book containing teachers' manuals do not conflict with the Warranty Resolution Proceduresprovisions of this Agreement, the manual provisions as revised from time to time by the Board shall remain in effect. It is understood that any Board Policy which is in conflict with the Master Agreement is null and void to the extent of the conflict. D. If any provisions of this Agreement or any application of the Agreement to either party shall be found contrary to law, then such provisions or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. E. If any provisions of this Agreement dealing with additional time or less time are greater or less than the State requirements, this Agreement will be adjusted accordingly with mutual agreement between the administraiton and the union. At no time will this Agreement exceed or be less than the State requirements for the year without mutual agreement. F. This agreement constitutes the sole and entire agreement between the parties. This agreement is subject to amendment, alteration or additions, only by written agreement between, and Approved Standards which are referred to herein as executed by, the “RWC Warranty ProgramDistrict and the Association. The waiver of any breach, term, or condition of the agreement by either party shall not constitute a precedent in the future enforcement of all its terms and conditions. 15G. If an issue that impacts the districts curriculum or delivery of student instruction is considered for revision, a district wide existing committee will address it. This Agreement does not create an agency. Member If a suitable committee is not an agent currently in existence, both parties will form one with administrators and teachers to study and/or recommend to the Board the implementation of RWC or WPMIC, replacement programs that are agreeable and Member and its employees manageable. Following are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, includingexamples, but not limited to: Special Education, attorney fees by either of them as a result of Member’s violation of this provisionSchool Improvement, Discipline, and Curriculum. 16H. Any time a teacher serves at a District wide committee meeting which convenes outside of his/her normal school hours, the teacher may request pay as per the Contract amount for committee work. Member agrees This request shall be by means of a time sheet requested by the teacher involved and returned to maintain all terms the teacher's immediate supervisor. The time sheet, along with a letter to the supervisor that explains the nature of the Membership Agreement meeting, shall be requested three (3) work days prior to the meeting for supervisor’s approval, and the time sheet will be submitted for reimbursement to said supervisor within seven (7) work days after the meeting takes place. The committee work involved with possible pay encompasses, but is not limited to, District wide committees such as School Improvement, Discipline, and Computer. All day meetings during the summer or on weekends shall be paid in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC the following manner: one-half (RWC1/2) day paid at the substitute teacher’s rate of pay For one-half (1/2), cfull day at the substitute teacher’s rate of pay for a full day. Such pay shall be at the sole discretion of the administration, and must be approved in advance. I. Mileage and Conference/o Residential Warranty Corporation of PennsylvaniaProfessional Development: Whenever employees request to attend conferences/professional development, with offices the employee shall be responsible for their meals, lodging and transportation mileage. Whenever conferences/professional development are required by the board, the district shall pay all reasonable costs for meals and lodging. Mileage shall be paid paid at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6$0.40 per mile.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member A. The heading of the sections and paragraphs of this Settlement Agreement are included for convenience only and shall not be deemed to constitute part of this Settlement Agreement or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimaffect its interpretation. 2. Whenever timely performance is called for hereunderB. This Settlement Agreement, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events includeincluding all exhibits attached hereto, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and canmay not be altered modified or amended except in any way except by a formal written instrument writing signed by all of the parties heretoParties or their counsel. 5. Should legal action arise between the parties involving this AgreementC. This Settlement Agreement may be executed in one or more counterparts, the substantially prevailing party each of which shall be reimbursed for reasonable attorney deemed an original but all of which together shall constitute one and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionssame instrument. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. D. This Settlement Agreement shall be interpreted governed by and enforced construed in accordance with the substantive laws of Indiana, without giving effect to any choice or conflict of law provision, or rule that would cause the state in which Member maintains its principal place application of businessthe laws of any other jurisdiction. 8. This E. Except as otherwise provided in this Settlement Agreement, each party to this Settlement Agreement is not assignable by Member without shall bear its own costs of the prior written consent of RWCLitigation. 9. This Agreement is binding on the partiesF. Named Plaintiffs, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, Western Pacific Mutual Insurance Company▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ and ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ agree not to publicly disclose the terms of the agreement or comment publicly on the settlement reached in this matter. Class counsel agrees not to solicit media attention to discuss the resolution of this matter. However, if requested to comment by the media, media comments regarding the resolution of this matter will be restricted to information contained in the Class Notice. Class Counsel will not offer opinions in any media comments. If Class Counsel is asked questions about matters outside the information contained in the Class Notice, Class Counsel will advise the requesting media they cannot answer that question. Class Counsel will not discuss other past or future litigation against any of the Released Parties. Class Counsel will not advertise or otherwise promote itself during media comments regarding the resolution of this matter. Also, in media comments, Class Counsel will not address the Defendants’ insurance company by name or provide who is providing the settlement funds for the settlement. Nothing in this paragraph shall prohibit Class Counsel or the Settlement Administrator from distributing notices to local media outlets as described in Paragraph IV(A)(2) or providing a Risk Retention Group (WPMIC)link to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ for the purpose of advising potential class members of their rights in this matter. G. If any clause, provision or paragraph of this Settlement Agreement is deemed illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the remaining clauses, provisions, or paragraphs of this Settlement Agreement, and this Settlement Agreement shall be construed and enforced as if such illegality, invalidity, or unenforceability had not been included herein. H. The Parties to this Settlement Agreement reserve the right, by agreement and subject to the Court's approval, to grant any reasonable time extensions that may be necessary to fully implement any of the provisions of this Settlement Agreement. I. All applications for Court approval or Court orders required under this Settlement Agreement shall be made on notice to Plaintiffs and Defendants. ▇. The determination of the terms of, and the drafting of, this Settlement Agreement, including its exhibits, has been by mutual agreement after mediation, with offices at consideration by and participation of all Parties and their counsel. Since this Settlement Agreement was drafted with the participation of both Parties and their counsel, the presumption that ambiguities shall be construed against the drafter does not apply. Each of the Parties was represented by competent and effective counsel throughout the course of Settlement negotiations and in the drafting and execution of this Settlement Agreement, and there was no disparity in bargaining power among the Parties to this Settlement Agreement. In entering into this Settlement Agreement, none of the Parties relied on advice received from any outside party or their counsel. K. All of the exhibits to this Settlement Agreement are material and integral parts hereof, and are fully incorporated This Settlement Agreement and exhibits hereto constitute the entire, fully integrated agreement among the Parties and cancel and supersede prior written and unwritten agreements and understandings pertaining to the Settlement of this Litigation. L. Notice: 1. Any notice, request, instruction, or other document to be given by any party to this Settlement Agreement to any other party to this Settlement Agreement (other than Class Notice) shall be in writing and delivered personally or sent by registered or certified mail, postage prepaid: If to Defendants: ▇. ▇▇▇▇▇▇▇ ▇▇▇▇ Kightlinger & Gray, LLP Bonterra Building, Suite ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇. New Albany, IN 47150. If to Class Counsel: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇ & ▇▇▇▇▇ PLC ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ Louisville, Kentucky 40202. Dispute Resolution. The Parties agree that any disputes regarding the terms and conditions of this Settlement Agreement shall be submitted to ▇▇▇. ▇▇▇ ▇. Baker, who shall attempt to mediate such dispute, and if such dispute cannot be resolved via mediation, the Honorable ▇▇▇▇▇▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6shall decide such dispute.

Appears in 2 contracts

Sources: Settlement Agreement, Settlement Agreement

Miscellaneous Provisions. 1A. The Board agrees at all times to maintain a list of substitute teachers. If Teachers shall u s e the designated system prior to 6:30 a.m. to report unavailability for work. Should a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person teacher report his/her unavailability for work performed or materials supplied in connection with such claimafter 6:30 a.m. d ue t o e xt e nu a t i ng c i r c u m s t a n c e s, t h e t e a c h e r m a y be r e qu e s t e d t o provide the administration a written explanation of said circumstance upon his/her return to work. Once a teacher has reported unavailability for work, it shall be the responsibility of the administration to arrange for a substitute teacher. The administration will take whatever action is necessary to carry out the intent of this agreement. 2. Whenever timely performance is called for hereunderB. This Agreement shall supersede any rules, regulations or practices of the time there for Board which shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual teacher contracts heretofore in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher contracts shall be considered separate and apart from and cannot affect the terms of this Agreement or made expressly subject to the terms of the Limited WarrantyAgreement, and all monies paid shall be stipulated in the contract. The provisions of this Agreement shall be incorporated into and be considered part of the established policies of the Board. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should C. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provision shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date D. Copies of this Agreement shall be duplicated at the date expense of execution the Board and presented to all teachers now employed or hereafter employed or considered for employment by RWCthe Board. 14. All terms not defined herein shall have the meanings ascribed E. The Monroe County Education Association and each employee in the Limited Warranty book containing bargaining unit agree that during the Warranty Resolution Proceduresterm of the Agreement, and Approved Standards which are referred to herein as they will not directly instigate, participate in, encourage or support any strike against the “RWC Warranty ProgramBoard or any withholding of services by any employee or group of employees. 15F. The Superintendent shall meet with three (3) association designated people for the purpose of discussing teacher concerns. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees These meetings may be initiated by either of them as a result of Member’s violation of this provisionparty. 16G. If a teacher terminates employment with less than 30 days' notice, the teacher will pay to the District as liquidated damages $250, which may be deducted from the teacher's pay. H. In preparation for the subsequent school years covered by this Contract, the Board will submit to the I.E.A. a calendar proposal for the ensuing year by the first Monday in April. Member agrees The parties agree to maintain all terms meet state required days and hours of the Membership instruction and professional development days. I. An Emergency Manager appointed by law may reject, modify or terminate this Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution as provided by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6law.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member A. This Agreement constitutes the sole and entire existing Agreement between the parties and supersedes all prior practices, whether oral or WPMIC concerning a homewritten, detached garageand expresses all obligations of, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunderand restrictions imposed upon, the time there for shall be extended to district and the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4Association. This Agreement contains the entire understanding of the parties and cannot be altered is subject to amendment, alteration or amended in any way except additions, only by a formal subsequent written instrument signed by all of agreement between, and executed by, the parties heretodistrict and the Association. 5. Should legal action arise between B. Prior to the parties involving expiration of this Agreement, the substantially prevailing party parties shall begin negotiations for a new Agreement covering wages, hours, and conditions of employment of teachers employed by the Board. C. The parties acknowledge that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties, after the exercise of that right and opportunity, are set forth in this Agreement. Therefore, the district and the Association, for the life of this Agreement, voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. D. If any provisions of the Agreement or any application of the Agreement to any employee shall be reimbursed for reasonable attorney found contrary to law, then such provision or application shall be deemed null and expert witness fees by void, but all other provisions or applications shall continue in full force and effect. Furthermore, the other party. Should any provision provisions of such law shall supersede, to the extent of the conflict, the provisions of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination and will not affect govern the validity relation of the remaining provisions. 6parties hereunder. Member acknowledges In the event that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver be deemed null and void according to the previous provision, then the parties to this Agreement shall meet to negotiate the affected language. E. This Agreement shall supersede any rules, regulations or practices of the provisionBoard, which shall be contrary to or inconsistent with terms contained in any individual bargaining unit member contracts heretofore in effect. All future individual bargaining unit member contracts shall be made expressly subject to the terms of this Agreement. 12F. The Association and Board recognize that strikes and other forms of work stoppages by teachers are contrary to law and public policy. Whenever appropriate, it is intended that the use of one gender herein includes all genders The Association and the singular includes Board subscribe to the pluralprinciple that differences shall be resolved by peaceful and appropriate means without interruption of the school program. The Association, therefore, agrees that its officers, representatives and members shall not authorize, instigate, cause, aid, encourage, ratify or condone, nor shall any bargaining unit member take part in any strike, slowdown or stoppage of work, boycott, picketing or other interruption of activities in the school system. 13. The effective date G. Copies of this Agreement shall be emailed to all bargaining unit members now employed by the date of execution by RWCBoard. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. Administrators who are to be absent from duty for any reason are charged with the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimresponsibility of notifying the Personnel Office. 2B. This Agreement shall supersede any contrary or inconsistent terms contained in any individual administrator contract in effect or to be written, during the term of this Agreement. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct The provisions of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project this Agreement shall be considered separate part of the established policies of the Board. The Board of Education reserves the right to adopt rules, regulations, and apart from and canpractices not affect the terms of inconsistent with this contract. Nothing in this Agreement or is to be construed as granting any tenure rights to an administrator other than tenure rights as a teacher in the terms of the Limited Warrantydistrict. Individual contracts shall specifically deny any tenure rights as an administrator. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should C. If any provision of this Agreement or its application shall be determined by a court of competent jurisdiction found to be unenforceablecontrary to law, that determination will not affect such provision or application shall be deemed invalid but all other provisions or applications shall be continued in full force and effect for the validity duration of the remaining provisions. 6Agreement. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expenseHowever, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure option of either party to insist upon compliance the Agreement, the specific provision thus voided, and that provision only, shall be subject to immediate renegotiation. D. Members of the Association, the bargaining unit, and the officers thereof individually and collectively share with any provision the administration and Board the mutual responsibility of the total enforcement of this Agreement. E. This Agreement shall not constitute the full and complete commitment between both parties. F. Should a waiver third party challenge the validity of any of the provisionprovisions of this contract by filing a grievance or a suit at law, both the Association and the Board will actively defend against such suit(s). 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date G. Copies of this Agreement shall be printed at the date expense of execution the Board and presented to all building administrators now employed or hereafter employed by RWCthe Board. Twenty-five (25) copies will be forwarded to the president of the Association, including three (3) signed copies. 14H. The Board will continue to make current tax sheltered annuity programs and mutual fund options available to administrators so long as no cost to the Board beyond making and forwarding payroll deductions occurs. All terms not defined herein It is understood that participation in such programs is entirely voluntary and entirely at the expense of the administrator. The Board assumes no liability in connection with such programs. I. Administrative concerns may be identified by administrators. Specific recommendations to the Superintendent will be encouraged. J. The District shall have provide Hepatitis B shot series to any medically eligible administrator. Administrators should contact the meanings ascribed District Personnel Office so that the district may make arrangements. K. The District shall reserve two (2) spots in the Limited Warranty book containing district’s day care program for the Warranty Resolution Procedureschildren of administrators. Administrator’s who are interested in having their children participate shall notify the Director of Adult and Community Education in writing before 4:00 p.m. on August 20 of each year or 4:00 p.m. on the last business day before August 20. Request to participate shall be granted on a seniority basis. Spots not requested by August 20 or the last business day before August 20 shall be declared open and shall be filled through the regular day care registration program on a tuition basis. Should the child of a member be withdrawn from the program after having been granted admission, the vacated spot shall be declared open and Approved Standards which are referred filled through the regular day care registration program on a tuition basis. Members shall comply with all rules and regulations that pertain to herein as others who utilize the “RWC Warranty Program.” 15service. This Agreement does not create an agencyMembers who utilize the service understand that the value of participation in the program will result in a tax liability. Member is not an agent of RWC or WPMICIf benefit eliminated from the GCEA CBA, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provisionprovision will be eliminated from the GCAA CBA. 16. Member agrees to maintain all L. The parties understand and agree that this agreement must be interpreted and applied consistent with the terms of the Membership Agreement in confidence and not to disclose any No Child Left Behind Act, as such terms become effective, and the Union agrees to any person or entityprovide its full cooperation to the District in implementing the terms of the Act as they become effective. M. Central Office, through the Executive Director of Finance, may implement, as necessary 27, rather than 26, pays in a year. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6* *This will only go into effect if the GCEA agrees to the same conditions.

Appears in 2 contracts

Sources: Contract Agreement, Contract Agreement

Miscellaneous Provisions. A. The Board and the Association agree that there shall be no discrimination in the hiring, training, promotion, transfer or discipline of employees or in the application or administration of this Agreement on the basis of race, color, creed, religion, national origin, sex, domicile or marital status. B. This Agreement constitutes Board policy for the term of said Agreement and the Board and Association shall carry out the commitments contained herein and give them full force and effect. C. Proposed new rules or modifications of existing rules governing working conditions shall be negotiated with the Association before they are established. D. All employees who may be required to use their vehicles in the performance of their duties shall be reimbursed by the Board at the mileage rate approved by the Internal Revenue Service. E. The Board shall review any claims (after receiving such verification as it shall request) on a case-by-case basis, made by employees for damages to their personal property arising out of and in the course of the performance of their duties as administrators and shall pay all or such part of such claims, not reimbursed to the employee by the Board's workers compensation carrier, as the Board in its absolute discretion shall deem appropriate. In no event shall such payment exceed ONE HUNDRED DOLLARS ($100.00). F. The Board shall, at its own expense, provide sufficient copies of this Agreement for present and new employees. G. Any individual contract between the Board and an employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement, except such contract shall be issued for no longer than one (1) year, shall be in the form as prepared and distributed by the New Jersey Commissioner of Education pursuant to N.J.S. A. 18A:27-7 and shall contain a sixty (60) day termination clause. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. H. Whenever any notice is required to be given by either of the parties to this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so, in writing, at the- following addresses: 1. If a claim is made against Member or WPMIC concerning a homeby Association, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), Board: c/o Residential Warranty Corporation of PennsylvaniaPresident, with offices at Camden County Technical Schools, ▇▇▇, ▇▇▇▇▇▇-▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇-▇▇▇▇▇▇▇▇▇. 2. If by Board to Association: Camden County Vocational Administrators and Supervisors Association II, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietorc/Spouse Date of Execution by RWC RWC Registration Number o President (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6at school presently assigned).

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. Any individual contract between the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for Board and an individual teacher heretofore executed shall be extended subject to and consistent with the extent performance is delayed by an event not caused by the conduct terms and conditions of the person obligated this Agreement and Board of Education policies pertaining to performProhibited Subjects of Bargaining. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project Any individual contract hereafter executed shall be considered separate expressly made subject to and apart from and cannot affect consistent with the terms of this or subsequent agreements to be executed by the parties. If an individual contract contains any language inconsistent with the Agreement, this Agreement or the terms of the Limited Warrantyduring its duration shall be controlling. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. B. This Agreement shall be interpreted and enforced in accordance with the laws supersede any rules, regulations or practices of the state in Board which Member maintains shall be contrary to, or inconsistent with, its principal place of businessterms. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with C. If any provision of this Agreement shall not constitute a waiver of be found contrary to law, then such provision shall be deemed null and void, except to the provisionextent permitted by law, but all other provisions shall continue in full force and effect. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date D. Copies of this Agreement titled "Professional Agreement between the Jenison School District and the Jenison Education Association," shall be printed at the date expense of execution by RWCthe Board and supplied to new teachers annually. Further, the Board shall furnish twenty-five (25) copies of the Master Agreement to the Association for its use. 14E. All appendices and policies referred to in this contract shall be incorporated as part of this Master Agreement by reference and mutual agreement for the duration of the contract. F. Calendars are attached at the end of this agreement. All terms not defined herein shall have Pending review by pupil accounting, elementary daily schedules will be 8:45 AM to 3:35 PM or 8:35 AM to 3:25 PM and secondary daily schedules will be from 8:00 AM to 2:50 PM. G. Grades will be due by 5:00 PM the meanings ascribed evening of the fourth (4th) school day after a semester/grading term ends except for end of year grades which will be due by 5:00 PM on the sixth (6th) calendar day after the school year ends. Special consideration for extension of end of year grade submission may be granted if the teacher is gone due to a school commitment or extenuating circumstances. H. If determined necessary by JEA/Admin, District administrators (as appropriate by topic(s)) will meet with Elementary Association Representatives quarterly. District representatives and JEA leadership will meet monthly (unless it is mutually agreed to be unnecessary) during the school year to discuss/problem solve current issues. I. A JEA member will be included on District committees where teachers serve as members. J. Split class lunches (current JH & HS model) are to be rotated; preference for B (split) lunch may be provided to a department within a building requesting such. K. Special education teachers shall, upon request, be furnished one (1) guest teacher per year and time designated for holiday parties in elementary buildings for record keeping, goal setting, updates and/or IEP preparation. L. Spanish Immersion teachers shall, upon request, be furnished two (2) half day guest teachers per year for translating, adapting curriculum, etc. It is preferred that this time be taken in conjunction with another teacher to result in a full day sub (i.e. both 1st grade teachers get morning subs to work together and then those subs cover both 5th grade teachers in the Limited Warranty book containing afternoon for them to work together.) M. The Curriculum Director, Spanish Immersion Director and Immersion teacher leaders will work together to formulate a plan to reduce the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Programvolume of translation of curriculum materials.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. Administrators who are to be absent from duty for any reason are charged with the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimresponsibility of notifying the Personnel Office. 2B. This Agreement shall supersede any contrary or inconsistent terms contained in any individual administrator contract in effect or to be written, during the term of this Agreement. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct The provisions of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project this Agreement shall be considered separate part of the established policies of the Board. The Board of Education reserves the right to adopt rules, regulations, and apart from and canpractices not affect the terms of inconsistent with this contract. Nothing in this Agreement or is to be construed as granting any tenure rights to an administrator other than tenure rights as a teacher in the terms of the Limited Warrantydistrict. Individual contracts shall specifically deny any tenure rights as an administrator. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should C. If any provision of this Agreement or its application shall be determined by a court of competent jurisdiction found to be unenforceablecontrary to law, that determination will not affect such provision or application shall be deemed invalid but all other provisions or applications shall be continued in full force and effect for the validity duration of the remaining provisions. 6Agreement. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expenseHowever, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure option of either party to insist upon compliance the Agreement, the specific provision thus voided, and that provision only, shall be subject to immediate renegotiation. D. Members of the Association, the bargaining unit, and the officers thereof individually and collectively share with any provision the administration and Board the mutual responsibility of the total enforcement of this Agreement. E. This Agreement shall not constitute the full and complete commitment between both parties. F. Should a waiver third party challenge the validity of any of the provisionprovisions of this contract by filing a grievance or a suit at law, both the Association and the Board will actively defend against such suit(s). 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date G. Copies of this Agreement shall be printed at the date expense of execution the Board and presented to all building administrators now employed or hereafter employed by RWCthe Board. Twenty-five (25) copies will be forwarded to the president of the Association, including three (3) signed copies. 14H. The Board will continue to make current tax sheltered annuity programs and mutual fund options available to administrators so long as no cost to the Board beyond making and forwarding payroll deductions occurs. All terms not defined herein It is understood that participation in such programs is entirely voluntary and entirely at the expense of the administrator. The Board assumes no liability in connection with such programs. I. Administrative concerns may be identified by administrators. Specific recommendations to the Superintendent will be encouraged. J. The District shall have provide Hepatitis B shot series to any medically eligible administrator. Administrators should contact the meanings ascribed District Personnel Office so that the district may make arrangements. K. The District shall reserve two (2) spots in the Limited Warranty book containing district’s day care program for the Warranty Resolution Procedureschildren of administrators. Administrator’s who are interested in having their children participate shall notify the Director of Adult and Community Education in writing before 4:00 p.m. on August 20 of each year or 4:00 p.m. on the last business day before August 20. Request to participate shall be granted on a seniority basis. Spots not requested by August 20 or the last business day before August 20 shall be declared open and shall be filled through the regular day care registration program on a tuition basis. Should the child of a member be withdrawn from the program after having been granted admission, the vacated spot shall be declared open and Approved Standards which are referred filled through the regular day care registration program on a tuition basis. Members shall comply with all rules and regulations that pertain to herein as others who utilize the “RWC Warranty Program.” 15service. This Agreement does not create an agency. Member is not an agent Members who utilize the service understand that the value of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as participation in the program will result in a result of Member’s violation of this provisiontax liability. 16. Member agrees to maintain all L. The parties understand and agree that this agreement must be interpreted and applied consistent with the terms of the Membership Agreement in confidence and not to disclose any No Child Left Behind Act, as such terms become effective, and the Union agrees to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation provide its full cooperation to the District in implementing the terms of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the Act as they become effective.

Appears in 2 contracts

Sources: Contract Agreement, Contract Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. This Agreement shall constitute the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimfull and complete commitments between both parties. 2. Whenever timely performance is called for hereunderB. This agreement supersedes and cancels all previous Agreements, verbal or written, or based on alleged past practices between the time there for shall be extended to Board and the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate Association and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains constitutes the entire understanding of Agreement between the parties and canparties. Any amendment for agreement supplemental hereto shall not be altered or amended binding upon either party unless executed in any way except writing by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise C. Any individual contract between the parties involving Board and an individual teacher, heretofore executed shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, the substantially prevailing party during its duration, this Agreement shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should controlling. D. If any provision of this Agreement is found contrary to law, then such provision shall not be determined by a court of competent jurisdiction to be unenforceabledeemed valid, that determination will not affect the validity of the remaining provisionsbut all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision E. Copies of this Agreement titled "Professional Agreement between the Flushing Community Schools and Local 10 MEA/NEA (Flushing Unit)" shall not constitute be sent to staff in an electronic PDF format within thirty (30) days after this Agreement is signed and presented to all teachers now employed and thereafter employed. Any teacher requesting a waiver printed copy shall do so in writing to the Office of Personnel. Further, that the Board shall furnish additional hard copies of the provisionMaster Agreement to the Association as needed when requested by the FEA President. 12F. A teacher must report unavailability for work no later than one hour before the start of the teacher's work day. Whenever appropriate, it is intended that The teacher shall be required to report only once for each absence and will be informed of the use of one gender herein includes all genders and the singular includes the pluralprocess to follow. 13. G. The effective date Board will pay for the school-administered TB tine test. H. In the event of annexation, consolidation or dissolution of the school district, the provisions of this Agreement shall be binding on the successor(s) to the Board to the extent permitted and/or required by law. I. In the event that during the life of this agreement the sixth grade is placed in the Middle School Building, agreement provisions related to elementary teachers shall continue to be applied if a "self-contained classroom" structure is continued. If however, the sixth grade structure is changed to middle school type scheduling, the agreement provisions related to middle school teachers shall be applied. J. In the event that provisions of No Child Left Behind (NCLB) criteria for “highly qualified” teachers are no longer mandated by law, it is agreed that all references to same found in this collective bargaining agreement will be inoperable and moot from the date of execution by RWCsuch change in law. 14K. Teacher Performance Pay Study Committee will be formed for the purpose of developing and recommending a performance pay format to the next contract negotiation teams. All terms not defined herein shall have The committee will consist of an equal number of individuals representing the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, unit and Approved Standards which are referred to herein as the “RWC Warranty ProgramBoard of Education.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Professional Agreement, Professional Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by 28.1 The Board and the RWC Warranty Program, Member shall, upon request, assign Federation agree that all negotiable items have been discussed during the negotiations leading to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and canand, therefore, also agree that negotiations shall not be altered or amended in reopened on any way except by a formal written instrument signed by all item during the life of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees except as provided by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionslaw or mutual agreement. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. 28.2 This Agreement shall be interpreted and enforced in accordance with the laws supersede any rules, regulations or practices of the state in Board which Member maintains shall be contrary to or inconsistent with its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13terms. The effective date provisions of this Agreement shall be incorporated into and be considered part of the date established policies of execution by RWCthe Board. 1428.3 Any individual arrangement or contract between the Board and an individual employee now in existence or reached during the duration of this Agreement shall be subject to and consistent with the terms of this Agreement. 28.4 If any provisions of this Agreement or any application of this Agreement to any employee or group of employees shall be found contrary to law, rule or regulation, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, rule or regulation, but all other provisions or applications shall continue in full force and effect. 28.5 Copies of this Agreement shall be printed at the expense of the Board and given to all employees now employed or hereafter employed by the Board, as soon as possible, but no later than four weeks after the execution of this Agreement. 28.6 It is agreed by and between the parties that any provision of this agreement requiring legislative action to permit its implementation by amendment of law or by providing the additional funds therefore, shall not become effective until the appropriate legislative body has given approval. 28.7 The Parties hereby incorporate the following Side Letters and Supplemental Memoranda of Agreement into the successor agreement: May 29, 2003 Recognition of New Positions (attached); October 13, 2009 Job Coach (attached); and June 12, 2008 Additional Health Insurance Plan (attached). All terms Any Side Letters and Supplemental Memoranda of Agreement that are not defined herein expressly incorporated into the successor agreement shall be deemed ended. 28.8 Non-resident tuition waiver 1. Non-resident unit members may enroll their children for which they serve as the legal parent or guardian in the Rondout Valley Central School District without paying the non-resident tuition under the following conditions: a. The unit member agrees to donate a minimum of one hundred (100) hours per enrolled child per year toward a District sponsored duty such as coaching, tutoring, chaperoning, teaching night school, or any other activity approved by the Superintendent. The 100-hour requirement will be provided in consistent blocks of time, preferably in increments of 10 hours per month. This time frame can vary upon approval of the Superintendent. b. The employee shall submit a written plan to the Superintendent of Schools no later than August 1 detailing the nature of the unit member’s plan to meet the 100-hour requirement. c. The enrollment of the student or students shall be subject to annual renewal at the request of the unit member and approval by the Superintendent of Schools. d. If the employee fails to provide the full 100 hours of time required to meet this obligation, the unit member shall be responsible for the full tuition amount for the school year. If the unit member does not pay the full amount due prior to the start of the succeeding school year, the unit member and the union agree that the District shall deduct in equal amounts the amount from the employee’s bi-weekly paychecks for the succeeding year until the tuition is paid in full. e. This provision shall not be subject to the grievance process set forth in the parties’ CBA and the decision of the Superintendent of Schools shall be final and binding. The decision of the Superintendent shall be unreviewable for any reason in any forum whatsoever, and no arbitrator, court or any reviewing body shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no any authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against substitute their judgment for that of the Superintendent on any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation aspect of this provisionagreement. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Miscellaneous Provisions. 6.1 This Agreement supersedes all previous tax allocation agreements among GeoMet Resources, Inc. and the members of the Group and other federal income tax allocation agreements or arrangements among the parties to this Agreement. 6.2 It is understood and acknowledged that, in accordance with Treasury regulation section 1.1502-77, the Common Parent will be the agent for all members of the Group with respect to all matters referred to therein and the Common Parent has the power, without the consent of any member, to exercise the authority with respect to the matters set forth therein, including without limitation, making or revoking any elections. The Common Parent will also be the agent for the Group with respect to State Returns if applicable state law so provides. 6.3 The parties hereto recognize that from time to time other companies may become members of the Group and hereby agree that such new members will become parties to this Agreement by the signature of an officer of such new member on a document in the form attached hereto as Annex A and it shall not be necessary that the existing members reexecute this Agreement or join with such new member in signing a counterpart of Annex A. 6.4 This Agreement shall be effective for all taxable years beginning on or after January 1. If a claim , 2001, unless notice of termination of this Agreement is made against Member by any party thereto to the Common Parent within the first 30 days of a taxable year or WPMIC concerning unless the Common Parent otherwise agrees to the termination of the rights and obligations of any party hereunder under such terms and conditions as are mutually agreed upon by the Common Parent and the terminating party, which terms and conditions shall not inure to the detriment of any other party hereto. Allocations to members of the Group that, at the time the allocation is made, have left the Group due to sale, merger, liquidation or otherwise shall be made to the member of the Group that received the proceeds of sale or the assets of the former member unless another method of allocation is agreed to prior to the member leaving the Group. 6.5 The Common Parent shall have authority to amend this Agreement through a home, detached garage, commercial building collateral agreement with any member to take into account any special facts and circumstances of such member. The collateral agreement shall be effective upon execution by all affected parties and need not be executed by members whose rights and liabilities under this Agreement are not affected by the collateral agreement. Any such amendment shall be consistent with the principles of this Agreement. 6.6 This Agreement may be unilaterally amended by the Common Parent in response to legislative or remodeling project regulatory changes in the tax law; provided that any such amendment shall be consistent with the principles of this Agreement. 6.7 Failure of one or more parties to qualify as a member of the Group shall not operate to terminate this Agreement with respect to the other parties so long as two or more parties continue to so qualify. 6.8 This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties; but no assignment shall relieve any party’s obligations hereunder without the written consent of the other parties except as otherwise provided in paragraph 6.4 6.9 This Agreement shall be governed by the laws of the State of Texas and the United States of America. 6.10 Any matter not specifically covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for this Agreement shall be extended to handled in the extent performance is delayed by an event not caused manner determined by the conduct Common Parent in a manner consistent with the principles of the person obligated this Agreement. The Chief Financial Officer is authorized to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate interpret and apart from and cannot affect apply the terms of this Agreement or the terms of the Limited Warrantyin any reasonable manner. 4. 6.11 This Agreement contains the entire understanding of the parties and cannot be altered with respect to the subject matter contained herein. No alteration, amendment or amended in modification of any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date terms of this Agreement shall be valid unless made by an authorized officer of each member of the date of execution by RWCGroup that is a party hereto except as otherwise provided in paragraphs 6.5 and 6.6. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. 6.12 This Agreement does not create may be executed simultaneously in two or more counterparts, each of which shall be deemed an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, includingoriginal, but not limited to, attorney fees by either all of them as a result of Member’s violation of this provisionwhich together shall constitute one and the same instrument. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Tax Allocation Agreement (GeoMet, Inc.), Tax Allocation Agreement (GeoMet, Inc.)

Miscellaneous Provisions. 124.1 The Board may use any legal and reasonable procedure to establish facts in any investigation instituted within its jurisdiction involving employees, students and/or school property. 24.2 At each regular and special Board meeting, the TEA will be provided with copies of minutes of previous meetings, the Superintendent's recommendations, monthly financial reports, the agenda, and other public materials. If a claim is made against Member or WPMIC concerning a homeCopies of the agenda and administrative recommendations will be sent via intra-district mail to the Assistant Superintendent, detached garageHuman Resources and the officers of the TEA and the building representatives, commercial building or remodeling project covered with two (2) copies being sent to the President. The list of persons to receive these materials shall be furnished to the Central Office and kept current by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimTEA. 2. Whenever timely performance is called for hereunder24.3 This Agreement shall supersede any rules, regulations or practices of the time there for Board which shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms or any terms contained in any individual teacher contracts heretofore in effect. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date provisions of this Agreement shall be incorporated into and be considered part of the date established policies of execution the Board by RWCreference. 1424.4 Fifty (50) printed copies of this Agreement shall be prepared at the expense of the Board for the TEA. All terms not defined herein Each member shall have access to a copy of the meanings ascribed in collective bargaining agreement on the Limited Warranty book containing District’s Intranet site, may print a copy of the Warranty Resolution Proceduresagreement at his/her multi-function classroom 24.5 If any provisions of this Agreement or any application of the Agreement to any employee or group of employees should be found to be contrary to law, and Approved Standards which are referred then such provision or application shall not be deemed valid except to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, includingextent permitted by law, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16all other provisions or applications shall continue in full force and effect. Member agrees to maintain all terms The parties shall meet and renegotiate any provision or application of the Membership Agreement in confidence and not found contrary to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6law.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a homeA. This Agreement shall constitute the full and complete commitments between both parties and may be altered, detached garagechanged, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited added to, acts of God deleted from, or modified only through the public enemyvoluntary, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding mutual consent of the parties in written and cansigned amendment to his Agreement. B. Any individual contract between the Board and an individual teacher heretofore executed shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. C. This Agreement supersedes and cancels all previous written agreements between the Board and the Association and constitutes the entire Agreement between the parties. Any amendment or Agreement supplemental hereto shall not be altered or amended binding upon either party unless executed in any way except writing by a formal written instrument signed by all of the parties hereto. The only exception to this is “Letter of Agreement #6 -- Summer School, 2021” which will expire September 1, 2021. 5. Should legal action arise between D. All teachers covered under this Agreement who participate in the parties involving this Agreementproduction of tapes, the substantially prevailing party publications, or other produced educational material shall retain residual rights should they be reimbursed for reasonable attorney and expert witness fees copyrighted or sold by the other party. Should District. E. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such a provision or application shall be deemed null and void except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator F. Copies of this Agreement entitled “Master Agreement between the Grand Ledge Board of Education and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement the Eaton County Education Association” shall be interpreted and enforced in accordance with distributed electronically by the laws of Association within thirty (30) days after the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executorssigned and presented to all teachers, administrators, successors and assignsBoard members. 10G. The parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. All notices required hereunder must be in writing Therefore, the Board and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at Association for the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision life of this Agreement voluntarily and unqualifiedly waive the right, and each agrees that the other shall not constitute a waiver be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge and contemplation of either or both of the provision. 12parties at the time that they negotiated or signed this Agreement. Whenever appropriate, it is intended that Matters of common concern may be subject to negotiation during the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date period of this Agreement shall be upon the date request and mutual agreement of execution by RWCboth parties. 14. All terms not defined herein shall have H. An emergency manager appointed under the meanings ascribed Local Government and School District Fiscal Accountability Act is authorized to reject, modify, or terminate this Agreement as provided in the Limited Warranty book containing the Warranty Resolution ProceduresLocal Government and School District Fiscal Accountability Act, and Approved Standards which are referred to herein as the “RWC Warranty Program2011 Public Act 4.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Miscellaneous Provisions. 1. If A. The Board and the Association recognize that the ability of pupils to progress and mature academically is a claim is made against Member or WPMIC concerning a combined result of school, home, detached garageeconomic, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from social environment and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and that teachers alone cannot be altered held accountable for all aspects of the academic achievement of the pupil in the classroom. All elements of the school community, including students, teachers, parents, administrators, and the Board of Education, must accept responsibility for the segments of education over which they exert an influence. No single test result shall be used as the sole criteria for determining the quality of a teacher's service or amended fitness for retention. B. A teacher may request the Administration for reimbursement for loss or damage of clothing and personal property incurred while on duty or on the school premises. C. The Board agrees at all times to maintain an adequate list of substitute teachers. Teachers must report absence before 6:00 a.m. on the day of the absence to the Substitute System. Notification of the absence must be made to the Substitute System by telephone or through online access. It shall be the responsibility of the Administration to arrange for a substitute teacher in any way except the event the Substitute System does not assign a substitute teacher. D. This Agreement supersedes and cancels all previous agreements, verbal or written, or based on alleged past practices, between the School District and the Association and constitutes the entire Agreement between the parties. Any amendment or agreement supplemental hereto shall not be binding upon either party unless executed in writing by a formal written instrument signed by all of the parties hereto. 5E. Copies of this Agreement shall be printed at the expense of the Board and be made available to all teachers now employed, or hereafter employed by the Board during the term of this Contract. Should legal action arise between Said copies will be delivered to the Association after ratification by both parties involving as soon as is practicable. A secured online version will be available to all teachers. F. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the substantially prevailing party unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the School District and the Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not referred to or covered by this Agreement. G. Any individual contract between the Board and an individual teacher heretofore executed shall be reimbursed for reasonable attorney subject to and expert witness fees consistent with the terms and conditions of this Agreement. Any individual contract hereafter executed shall be in the form provided in Appendix D and shall be expressly made subject to and consistent with the terms of this or subsequent Agreements to be executed by the other partyparties. Should If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. H. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. I. This Agreement shall be interpreted and enforced in accordance with the laws supersede any rules, regulations or practices of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended Board that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWCcontrary to or inconsistent with its terms. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. The Board recognizes that the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimacceptable criteria of professional behavior are the National Education Association Code of Ethics. 2. Whenever timely performance is called for hereunderB. This Agreement shall supersede any rules, regulations, or practices of the time there for Board which shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual teacher contracts heretofore in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement or the terms of the Limited WarrantyAgreement. 4. This Agreement contains the entire understanding of the parties C. Three and cannot be altered or amended in any way except one-half-inch by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision seven-inch (3½" × 7") copies of this Agreement in booklet form shall be determined printed and presented to all teachers now employed or hereafter employed by a court the Board. The cost of competent jurisdiction to printing this Agreement in booklet form shall be unenforceable, that determination will not affect equally shared between the validity of Board and the remaining provisionsPinconning Area Education Association. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from D. If any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision provisions of this Agreement or any application of the Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not constitute a waiver of be deemed valid and subsisting except to the provisionextent permitted by law, but all other provisions or applications shall continue in full force and effect. 12. Whenever appropriateE. By mutual consent, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date any portion of this Agreement shall may be the date of execution by RWCreopened for negotiations. 14. All terms F. If the District determines that actual or projected costs of operation will cause the District’s fund equity reserves to fall below $150,000 through no direct action of the Board, the parties agree to immediate negotiations to address the financial situation. G. The PEA recognizes that specifically identified articles within this collective bargaining agreement are currently unenforceable as applied to bargaining unit members covered by the Michigan Teacher Tenure Act and therefore will not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which pursue grievances or disputes regarding those articles that are referred known to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them be unenforceable as a result of Member’s violation of this provisionthe4 PA 100 -103 (HB 4625, 4626, 4627, 4628) legislation which was signed into law on July 19, 2011. H. Each collective bargaining agreement entered into between a public employer and public employees under this act after March 16, 2011 shall include a provision that allows an emergency manager appointed under the local government and school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, to reject, modify, or terminate the collective bargaining agreement as provided in the local government and school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531. Member agrees to maintain all terms Provisions required by this subsection are prohibited subjects of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6bargaining under this act.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. 11.1 If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 11.2 The Board and the Association agree that there will be no discrimination in the hiring, training, assignment, promotion, transfer or discipline of employees or in the application or administration of this Agreement or any other rule, regulation or policy relating to terms and conditions of employment on the basis of race, creed, color, religion, national origin, age, sex or marital status. Domicile shall not be a condition of employment for employees covered by this Agreement. Handicaps shall also be covered under the provisions of this Article, except as such handicap significantly impairs the performance of an employee’s duties. 11.3 Within thirty (30) days after ratification, copies of this Agreement shall be made available in an electronic format. Each new employee shall be made aware of the Limited Warrantyelectronic version of the Agreement on the GISU website within one (1) week of his/her first day on the job. 411.4 No employee shall be mandated to transport students. If they choose to transport, they must follow the District guidelines. 11.5 All terms and conditions of employment, which are mandatory subjects of bargaining, applicable on the effective date of this Agreement as established by rules, regulations or Board policy will continue during the term of this Agreement unless specifically changed by an express provision of this Agreement. 11.6 The Board shall provide the equipment necessary to employees, including but not limited to custodial/maintenance, for all work which they are requested or required to perform by any supervisor(s) or employer(s). Employees shall not be required to locate, borrow or provide tools and equipment on their own for school employment, nor perform tasks which necessitate the use of equipment not provided by the Board. 11.7 This Agreement contains incorporates the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by on all matters which were the subject of negotiations. During the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision term of this Agreement neither party will be determined required to negotiate with respect to any such matter whether or not covered by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionsthis Agreement. 6. Member acknowledges that RWC is 11.8 This Agreement may not be modified, in whole or in part, except by an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwiseinstrument in writing duly executed by both parties. 7. This Agreement 11.9 There shall be interpreted and enforced in accordance with a pool of two (2) paid days per school year available to employees covered by the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision terms of this Agreement shall not constitute a waiver for the conducting of Association-related business. The President of the provision. 12. Whenever appropriate, it is intended that Association must authorize the use of one gender herein includes all genders and these days in writing 48 hours in advance to the singular includes Superintendent before the plural. 13Superintendent grants this type of leave to an employee(s). The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member Association agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms pay the cost of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT substitute, if a substitute is among RESIDENTIAL WARRANTY COMPANYhired, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the prevailing substitute rate.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If A. This agreement constitutes a claim is made against Member or WPMIC concerning a homemutual covenant describing the terms and conditions of employment for the term of said Agreement, detached garage, commercial building or remodeling project covered by and the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimBoard and the Association shall carry out the commitments contained herein and give them full force and effect. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. B. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not constitute a waiver be deemed valid. Other provisions or applications shall continue in full force and effect. C. Any individual contract between the Board and an individual teacher in the bargaining unit, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this agreement, during the duration, this agreement shall be controlling. D. The Board and Association agree that there shall be no discrimination and that practices, procedures, and policies of the provisionschool system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of teachers or in application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date E. Copies of this Agreement shall be printed at the date equal expense of execution the Board and the Association within thirty (30) days after the agreement is ratified and presented to all teachers now employed, hereafter employed, or considered for employment by RWCthe Board. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred F. Whenever any notice is required to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees be given by either of them as a result of Member’s violation the parties to this Agreement to the other, pursuant to the provision(s) of this provision.Agreement, either party shall do so by telegram or registered letter at the following addresses: 161. Member agrees If by Association to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at Board at: ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 2. If by Board to Association President at: a. During Normal School Year: To the Building in which the president is located. b. During the summer vacation to the address supplied by the Association President. G. The Board will not unilaterally develop or implement any policy or decision that involves terms and conditions of employment. All such policies and decisions shall first be negotiated mutually with the Association and reduced to writing and signed by both parties. H. Except as this agreement shall otherwise provide, Western Pacific Mutual Insurance Companyall terms and conditions applicable on the signing date of the Agreement to employees covered by this Agreement as established by the rules, regulations and for policies of the Board in force on said date shall continue to be so applicable during the term of this Agreement. I. If an employee does not become a Risk Retention Group member of the Association during any membership year (WPMIC)September 1st through August 31st) said employee will be required to pay a representation fee to the Association for the membership year. The purpose of this fee will be to offer the employees per capita cost of services rendered by the Association as Majority representation. The representation fee to be paid by non-members will be determined by the Association in accordance with the law. The Association shall indemnify and hold the Board harmless against any and all claims, demands, suits and other forms of liability, including liability for reasonable attorney fees and other legal costs and expenses that may arise out of, or by reason of, any action taken or not taken by the employer in conformance with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6this provision.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim 15.1 The Union shall deal with the ethical problems arising under the Code of Ethics of the Education Profession in accordance with the terms thereof and the Board recognizes that the Code of Ethics of the Educational Profession is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered considered by the RWC Warranty Program, Member shall, upon request, assign Union and its membership to WPMIC any rights which it may have against define acceptable but not the sole criteria of professional behavior and is to be considered a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimpart of this contract. 2. Whenever timely performance is called for hereunder15.2 This agreement shall supersede any rules, regulations, or practices of the time there for Board which shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual teacher contracts heretofore in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date provisions of this Agreement shall be incorporated into and be considered part of the date established policies of execution by RWCthe Board. 1415.3 No employee covered by the terms of this agreement will be penalized, threatened, punished, or demoted because of any participation in collective bargaining activities prior to the reaching of this Agreement. All terms not defined herein persons, upon ratification, are immediately restored to both regular and extra duties. 15.4 If any provision of the Agreement or any application of the Agreement shall have be found contrary to law, then such provision or application shall be deemed null and void to the meanings ascribed extent prescribed by law, but all other provisions or applications shall continue in full force and effect. The parties shall meet and attempt to negotiate that portion of the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Programcontract that is unenforceable. 15. 15.5 This Agreement does not create an agency. Member is not an agent will become effective upon ratification by both parties. 15.6 The use of RWC or WPMIC, all tobacco products will be prohibited within and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against on any and all expenses incurred buildings, facilities and losses sufferedvehicles owned or leased by or to the Van Buren Public Schools. This provision shall supersede any and all contrary and/or inconsistent policies, includingrules, regulations, or contract provisions with which it may conflict or modify. 15.6.1 The school district will arrange, at no cost to the employer or the employee, a smoking cessation overview program at least once a year. 15.7 Each elementary principal shall designate a teacher, or teachers, to serve as an administrative designee in the absence of the principal. 15.7.1 The administrative designee will fill in on a day-to-day basis for the building, but is not limited tomeant to replace the principal during absences due to long-term illness or accident. If a prolonged absence is known or foreseen, attorney fees by either the vacancy will be posted in compliance with the administrator's Master Agreement. 15.7.2 By way of them example, administrative designees will handle student discipline problems, deal with parental calls and concerns, act as decision maker and direct staff in emergencies, The Administrative Designee will not act as a result supervisor of Member’s violation of this provisionprofessional or support staff, or administer or cause anyone to administer any discipline, nor hire or fire, or evaluate. 1615.7.3 In the event an issue is of such magnitude or specific and urgent enough in motive that an administrator is needed, a pre designated elementary principal will be called to the building. Member agrees All elementary principals have teamed with a fellow principal to maintain all terms determine the predesignated administrator. In the event the predesignated administrator is unavailable, central office personnel will be called to respond. 15.7.4 Administrative designees will be assigned and paid a stipend of $30 per day ($15 in the event of a half day. A half day is defined as a day when school is in session or students for a period of time not to exceed four hours.) in the event the building principal is away from the building for a period of four or more consecutive hours. Except in the event of illness or an emergency, absences of four or more consecutive hours will be pre-approved by central office administration. 15.7.5 The school district shall provide liability insurance for administrative designees’ subject to the provisions of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6school’s general liability policy.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member A. No polygraph or WPMIC concerning a homelie detector device shall be used in any investigation of any teacher, detached garage, commercial building or remodeling project covered unless requested by such individual. B. The Association shall be duly advised by the RWC Warranty ProgramBoard of fiscal, Member budgetary and tax programs affecting the district and the Association shall, upon requestwhenever feasible, assign have the opportunity in advance to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection consult with such claimthe Board with respect thereto prior to general publication. 2. Whenever timely performance is called for hereunderC. This Agreement shall supersede any rules, regulations or practices of the time there for Board which shall be extended contrary to the extent performance is delayed by an event not caused by the conduct or inconsistent with its terms. No past practice shall be used to contradict any specific provision of the person obligated to performcontract. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project These practices shall be considered separate subject to bargaining in the successor to this agreement and apart from and canany practice not affect included in the successor agreement shall be terminated. It shall likewise supersede any contrary or inconsistent terms contained in any individual teacher contracts heretofore in effect. All future individual teacher contracts shall be made expressly subject to the terms of this Agreement. The provisions of this Agreement or the terms shall be incorporated into and be considered part of the Limited Warrantyestablished policies of the Board. 4D. Copies of this Agreement shall be printed by the Board and presented to all teachers now employed or hereafter employed by the Board, with fifty-two (52) copies furnished to the Association. This Agreement contains the entire understanding Additional copies may be obtained at a cost of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties heretotwo ($2.00) dollars per copy. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should E. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges F. Both parties shall continue to meet on a regularly scheduled basis in order to promote good communication between the parties and to provide the opportunity to address any concerns that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwisemay arise. 7G. The Board shall receive union input regarding acceptable use policies for Internet/Intranet usage. H. The Board has a safety policy and safety procedures. This Agreement The District shall adhere to Board policy and State and Federal Regulations regarding air quality control. I. An emergency manager appointed under the local government and school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531 shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the partiesallowed to reject, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaidmodify, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of terminate this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed collective bargaining agreement as provided in the Limited Warranty book containing local government and school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531. 1.0 34,221 35,385 36,742 37,906 1.5 35,124 36,286 37,665 38,829 2.0 35,699 36,864 38,249 39,413 2.5 36,529 37,692 39,126 40,289 3.0 37,356 38,519 40,006 41,168 3.5 38,226 39,390 40,929 42,091 4.0 39,094 40,257 41,848 43,012 4.5 40,001 41,163 42,812 43,975 5.0 40,908 42,072 43,774 44,939 5.5 41,860 43,024 44,786 45,950 6.0 42,812 43,975 45,796 46,960 6.5 43,811 44,974 46,853 48,018 7.0 44,805 45,967 47,910 49,074 7.5 45,853 47,017 49,020 50,184 8.0 46,898 48,059 50,128 51,292 8.5 47,994 49,157 51,286 52,449 9.0 49,088 50,251 52,448 53,611 9.5 50,235 51,397 53,665 54,829 10.0 53,865 55,028 57,532 58,694 10.5 54,985 56,148 58,750 59,914 11.0 56,240 57,403 60,067 61,231 11.5 57,359 58,522 61,287 62,450 12.0 58,723 59,886 62,722 63,885 12.5 58,850 60,012 62,845 64,008 13.0 60,950 62,126 64,996 66,171 2011-12 Decrease of 1.50% from the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program2010-11 salary schedule.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign A. The Board agrees to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimmake every reasonable effort to provide qualified substitute teachers. 2. Whenever timely performance is called for hereunderB. This Agreement shall supersede any rules, regulations, or practice of the time there for Board which shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to performcontrary or inconsistent with its terms. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual contracts heretofore in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement, and said Agreement or takes precedence over and expressly governs the terms of the Limited Warrantyindividual contract. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date C. Copies of this Agreement shall be made available electronically. In addition, the date Board will provide the UTF twenty-five (25) printed and bound copies of execution by RWCthis Agreement after it has been ratified and completely executed. 14. D. The Board shall provide a printed and bound copy or access to an electronic copy of this Agreement to each newly hired teacher. E. All terms not defined herein notices required to be given to the UTF by this Agreement shall have be mailed to the meanings ascribed UTF President, via email, or in the Limited Warranty book containing the Warranty Resolution Proceduresalternative, and Approved Standards which are referred addressed to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, or to such other address as the UTF shall direct in writing. All notices required to be given to the Board by this Agreement shall be mailed to the Board by ordinary mail, addressed to ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇, or to such other address as the Board shall direct in writing. All notices to be given to a teacher under this Agreement shall be emailed and to his/her last address recorded in the Office of Human Resources. It shall be the responsibility of teachers to notify the Office of Human Resources of any change of address. The mailing of such notices shall not relieve the Board of the responsibility to post notices whenever required by this Agreement. F. If any provision of this Agreement or any application of the Agreement to any teacher or group of employees shall be found contrary to law, then such provision or application is invalid except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. G. Amendments to this Agreement may be made at any time during the life of this Agreement by mutual consent of the parties. Such amendments or modifications must be by an agreement in writing duly executed by both parties. No departure from any provision of this Agreement by either party, or by their officers, agents, or representatives, or by members of the bargaining unit, shall be construed to constitute a continuing waiver of the right to enforce such provision. H. No teacher shall use his/her position in the school system to his/her financial advantage by such activities as preparing lists for sales solicitation, by soliciting sales from his/her students and their parents, by promoting his/her employment as a tutor for his/her assigned students, and by soliciting employment as a private music teacher for his/her assigned students or by seeking any similar advantage. I. Should there be a conflict between a federal, state, or local rule or regulation and the Master Teacher Contract, the parties to this agreement will meet to work out the conflict. In the interim, the Board may comply with the rule or regulation to the extent required, but only upon notice to the United Teachers of Flint. J. The UTF and the District recognize the legal and professional obligation to comply with the provisions of the Every Student Succeeds Act (ESSA) of 2015, and any amendments thereto, as well as regulations promulgated thereunder This Supplemental Agreement (referred to herein as “Contract”) is entered into as of The purpose of this Contract is to set forth the terms and conditions of employment for (hereinafter “Employee”) pursuant to Article 6, Section G, which states, “assignments under this section will not be considered to be official nor will an employee be eligible for a differential until and unless a differential is established and a Supplemental Salary Contract is entered into between the employee and the Board.” The Board of Education of the City of Flint, Michigan will pay to: The sum of: $ .00 For extra services performed in the following capacity: At the following location(s): #1 #2 For the period from: / , 2019 to / , 20 Failure to perform the above service will result in a salary adjustment prior to the end of the school year. It is specifically understood and agreed that continuing tenure does not apply to this extra service or compensation for such service. FLINT BOARD OF EDUCATION Signature: By: Printed Name: Printed Name: ▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇Title: Title: Assistant Superintendent of Academics Signature: Printed Name: ▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Printed Name: Title: Executive Director of Human Resources Or, Designee: FLINT COMMUNITY SCHOOLS Date Office of Human Resources ▇▇▇ ▇. ▇▇▇▇▇▇▇▇ and Company NameStreet, Flint, MI 48503-1974 School Phone: indicate whether a corporation(▇▇▇) ▇▇▇-▇▇▇▇, partnership, individual or other MEMBERFax: By By Proprietor/Spouse Date (▇▇▇) ▇▇▇-▇▇▇▇ School Telephone # SALARY ADJUSTMENT CLAIM. This is to certify that on the above date I filed the following credits with the office of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6Human Resources of the Flint Community Schools.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member A. No polygraph or WPMIC concerning a home, detached garage, commercial building lie detector device shall be used in any investigation of any teacher or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimpupil. 2. Whenever timely performance is called for hereunderB. This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from, or modified only through the time there for voluntary, mutual consent of the parties in a written and signed amendment to this Agreement. C. Any individual contract between the Board and an individual teacher heretofore executed shall be extended subject to and consistent with the extent performance is delayed by an event not caused by the conduct terms and conditions of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project this Agreement and any individual contract hereafter executed shall be considered separate expressly made subject to and apart from and cannot affect consistent with the terms of this Agreement or subsequent agreements to be executed by the terms of the Limited Warranty. 4parties. This Agreement If an individual contract contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving language inconsistent with this Agreement, the substantially prevailing party this Agreement, during its duration, shall be reimbursed for reasonable attorney controlling. D. This Agreement shall supersede any rules, regulations, or practices of the Board which shall be contrary to or inconsistent with its terms. The provisions of this Agreement shall be incorporated into and expert witness fees by be considered part of the other party. Should established policies of the Board. E. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date F. Copies of this Agreement shall be duplicated at the date expense of execution the Board and presented to all teachers now employed, hereafter employed, or offered teaching contracts by RWCthe Board. 14G. Within thirty (30) days of the start of school, teachers shall be given a written statement of sick leave days and personal business days accumulated to and for that year. H. In the event that the board of Education studies and implements a School Improvement Plan, no part of such a plan will be implemented if it violates, contradicts, or is inconsistent with the terms and provisions of this Agreement. I. In the event that any School Improvement Plan Committee is established for any building, the BTEA building representative shall be a member of the Building School Improvement Committee. All terms not defined herein In the event that any committee is established for the Woodland School, there shall have be two BTEA building representatives. Whenever teachers are asked to serve on such committees, the meanings ascribed Administrator convening the committee shall ask for volunteers. In the event that there are more volunteers than designated teacher positions on such committee, then there shall be a secret ballot to determine which teacher shall serve on such committee. Any such election shall be supervised jointly by the Administrator and the building representative. J. In the event that a child with an ongoing or chronic communicable disease is allowed, by policy or law, to attend school, all teachers having contact with the student shall be notified in advance of the Limited Warranty book containing child's placement and/or return to school; to the Warranty Resolution Proceduresextent such notification is permitted under law. The District shall provide in- service training in hygienic practices and management to teachers coming into contact with students having such communicable diseases, if requested by such teachers. Once notified and Approved Standards which are referred trained, teachers shall comply with District policies to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees assure that such afflicted students are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless discriminated against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provisionsuch teachers in their education. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. Section 1. If : This Agreement may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of the parties in a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign written and signed amendment to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimthis Agreement. Section 2. Whenever timely performance is called for hereunder: Any individual contract between the Board and an individual teacher, the time there for heretofore executed, shall be extended subject to and consistent with the extent performance is delayed by an event not caused by the conduct terms and conditions of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project this Agreement; and any individual contract hereafter executed shall be considered separate expressly made subject to and apart from and cannot affect consistent with the terms of this Agreement or the terms of the Limited Warranty. 4and its amendments. This Agreement If an individual contract contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving language inconsistent with this Agreement, the substantially prevailing party this Agreement, during its duration, shall be reimbursed for reasonable attorney controlling. Section 3: This Agreement shall supersede any rules, regulations or practices of the Board which shall be contrary to or inconsistent with its terms. The provisions of this Agreement shall be incorporated into and expert witness fees by be considered part of the other party. Should established policies of the Board. Section 4: If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provision of application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date Section 5: Copies of this Agreement shall be printed at the date expense of execution by RWCthe Board and presented to all teachers now employed or hereinafter employed during the life of this Agreement. 14Section 6: The discharge or demotion of a tenured teacher shall be governed exclusively by the standards and procedures of the Michigan Teachers’ Tenure Act applicable thereto and shall not be subject to the grievance procedure or arbitration provisions of this Agreement. All terms The discharge or non- renewal of a probationary teacher shall be governed exclusively by the standards and procedures of the Michigan Teachers’ Tenure Act applicable thereto and shall not defined herein be subject to the grievance procedure or arbitration provisions of this Agreement. Otherwise, when cause arises to discipline a teacher, which includes reprimands and suspensions without pay up to three (3) days in a school year, the Board agrees that such disciplinary actions will not be taken in an arbitrary or capricious manner. Section 7: Instructional Council (A) The Instructional Council shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Proceduresbe comprised of: (B) Seven Subject Area Curriculum Leaders (SACL), one Media Specialist, at least one School Improvement leader from each building, one Technology Facilitator, one building administrator, one Director of Instruction, and Approved Standards which are referred to herein as one community leader. (C) Subject Area Curriculum Leaders (SACL) shall be selected bi-annually by a committee made up of the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent Director of RWC or WPMICInstruction, one building administrator, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees three Association members named by either of them as a result of Member’s violation of this provisionthe Association. 16. Member agrees (D) The Instructional Council shall serve in an advisory capacity only, by making recommendations to maintain all terms the Board of Education. (E) Meetings may be scheduled at times other than working hours. (F) The Council should meet each month of the Membership school year except during the month of December. Section 8: Any teacher who shall serve, or is serving, in a supervisory or executive or administrative position within the Bridgman Public Schools and who is later returned to teacher status in this District shall be entitled to retain all rights he or she may have had under this Agreement prior to such service in confidence administrative position. Years spent in a supervisory or executive or administrative position shall be considered as years spent for computation of salary only. Section 9: The undersigned parties hereby acknowledge the requirement of Section 1526 of the School Code for each teacher during the first three (3) year of his or her employment in classroom teaching to be assigned a mentor or mentors. A mentor shall be a master teacher, retired master teacher or college professor. A mentor shall be available to provide professional support, instruction and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC guidance in a collegial relationship. (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ A) ▇▇▇▇▇ ▇▇▇▇▇▇be a tenured teacher. (B) Whenever practical, shall work in the same building and have the same area of certification as the new teacher to whom he or she is assigned. (C) Will not be responsible for the evaluation of the new teacher to whom he or she is assigned and will not be required to participate in it. (D) Will not provide any documentation, any written or verbal statements or opinions or any other expressions of opinion or observation for the new teacher’s personnel file or in any proceedings, hearing or meeting before the Board or its administration or in any grievance hearing or arbitration proceeding, regarding the instructional competency of the new teacher to whom he or she is assigned, unless allegations of misconduct of which the mentor teacher has knowledge are involved. (E) The mentor teacher will receive a $500 stipend at the end of the school year upon successful completion of mentoring responsibilities. Release time may be granted for the mentor teacher to conference with the new teacher to whom he or she is assigned. Section 10: Those teachers who, prior to the last day of Semester I, submit a letter of intent to retire at the conclusion of the respective school year, will receive $200 per year of ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), teaching experience added to their annual contracted salary beginning with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ the first pay period in February and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date continuing to the end of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6their contract.

Appears in 1 contract

Sources: Teachers' Master Contract

Miscellaneous Provisions. 1. If This Agreement may be amended or modified only by a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered written instrument signed by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person counsel for work performed or materials supplied in connection with such claimboth Parties. 2. Whenever timely performance is called for hereunderThis Agreement constitutes the entire Agreement among these Parties. No representations, warranties or inducements have been made to any Party concerning this Agreement, other than the time there for shall be extended to representations, warranties and covenants contained and memorialized in this Agreement and the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductNotice (Exhibit 1). 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create constitute an agencyadmission by SEIU 775 that it has taken any action with respect to any of the Plaintiffs or any of the Class Members, that was wrongful or in violation of any statute, law, regulation, or legal right. Member is Similarly, this Agreement does not constitute an agent admission by Plaintiffs or any of RWC the Class Members (whether individually or WPMICcollectively) that any of their claims are without merit in law or fact. Instead, the Parties are entering into this Agreement solely as a compromise of disputed claims, and Member to avoid the further costs, delays and its employees risks of litigation. 4. The parties and their counsel will cooperate with each other and use their best efforts to implement this Settlement. If the Parties are unable to reach agreement on the form or content of any document needed to implement this Settlement or this Agreement, or on any supplemental provisions that may become necessary to effectuate the terms of this Settlement or this Agreement, then either Party may seek assistance from the District Court to resolve such disagreement. 5. Except as necessary to enforce the terms of this Agreement, to facilitate the terms of this Agreement, or by Court order, Class Counsel shall maintain in confidence and shall not produce to persons or entities who are not authorized a Party or Settlement Administrator any personal, confidential, financial, or sensitive information relating to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, Class Members including but not limited to, attorney fees by either to any of them as a result of Member’s violation the Class Member information received pursuant to the terms of this provisionSettlement. 166. Member agrees All notices to maintain all terms of counsel provided herein shall be sent by electronic mail to: Plaintiffs and the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6Class:

Appears in 1 contract

Sources: Class Action Settlement Agreement

Miscellaneous Provisions. A. The Board of Education will continue to attempt to maintain an adequate list of substitute teachers. Teachers shall be informed of a telephone number they may call one (1) hour prior to the reporting time for work. If Once a claim is made against Member teacher has reported unavailability, it shall be the responsibility of the administration to arrange for a substitute teacher. B. No polygraph or WPMIC concerning a home, detached garage, commercial building or remodeling project covered lie detector device shall be used by the RWC Warranty Program, Member shall, upon request, assign to WPMIC Board of Education in any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claiminvestigation of any teacher. 2. Whenever timely performance is called for hereunder, the time there for C. Each individual teacher contract shall be extended deemed in all respects to include and incorporate by reference all of the extent performance is delayed by an event not caused terms, provisions and conditions of this Master Agreement. D. Copies of the Agreement and subsequent revisions shall be printed at the expense of the Board and presented to all teachers now employed or hereinafter employed by the conduct Board of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductEducation. 3. E. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms any provisions of this Agreement or any application of this Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and applicable except to the terms extent permitted by law, but all other provisions or applications shall continue in full force and effect. F. All teachers shall have the right to refuse the assignment of extracurricular activities. G. Teachers who are eligible to retire under the provisions of the Limited WarrantyMichigan Retirement Law will submit to the Board a written notice of intention to retire at least sixty (60) calendar days prior to the date of retirement. 4H. If Board Policy is found to be in conflict with the provisions of this Agreement then the Board will take appropriate action to correct the inconsistencies. I. All employees in the system shall have the option of receiving twenty (20) or twenty-six (26) equal payments of salary. Teachers electing to receive twenty-six (26) salary payments may receive a lump sum payment in June if the business office is notified of this change before February 1. J. All medical examinations, x-rays, or medication tests, stipulated as a condition of employment shall be paid for by the Board. K. The teacher shall have the right to have any employment outside the school system provided that such employment will not interfere with his professional duties. The Board and the Association shall mutually agree upon the nature of any outside employment of its members, should its nature be questioned. L. Upon request, all teachers will be provided with keys for entrance to the school building. M. The Association recognizes that the cessation or interruption of professional services by teachers is contrary to law and public policy. N. No teacher shall be required to collect, handle or account for student monies. O. Agency Shop - Each bargaining unit member shall as a condition of employment, or within thirty (30) days after the date of commencement of duties or the effective date of this Agreement, whichever is later, join the Association or pay a service fee to the Association pursuant to the Association’s “Policy Regarding Objections to Political-Ideological expenditures” and the administrative procedures adopted pursuant to that policy. The service fee shall not exceed the amount of association dues collected from association members. The teacher may authorize payroll deduction for such fee. In the event that the teacher does not pay such service fee directly to the Association or authorize payroll deduction, the employer shall, pursuant to MCLA408.477; MSA 17.277 (7) and at the request of the Association, deduct the service fee from the teacher’s wage and remit same to the Association. P. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: a. The Employer gives timely notice of such action to the Association and permits the Association intervention as a party if it so desires, and b. The Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and appellate levels. c. The Association shall have complete authority to compromise and settle all claims, which it defends, under this section. The Association agrees that in any action so defended, it will indemnify and hold harmless the Employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Employer’s compliance with this Article XVII, but this does not include any liability for unemployment compensation paid under the Michigan Employment Security Act. Q. In the event a payday occurs during a period when school is not in session, paychecks will be issued on the last school day preceding such period. This Agreement contains section, (Q) does not apply for Christmas break 2003. R. Paychecks will be made available to teaching staff by 11:00 a.m. on paydays. The checks will be in a sealed envelope. S. For elementary staff, office staff shall maintain official student records and attendance books provided staff makes necessary information available as specified by the entire building administrator. The verifiable record for daily attendance of a student remains the teacher’s responsibility. T. Snow Days - It is the understanding and agreement of the parties that the calendar agreed to is a tentative calendar to the extent that the State of Michigan requires a school district to maintain a specified number of days or hours of instruction irrespective of acts of God. In the event that the district must make-up days/hours lost because of inclement weather or other acts of God for which state-aid would be lost, those days/hours shall be made up at the end of the school year on normal business days. It is further the understanding of the parties and canthat the district will not be altered pay any additional salary or amended in any way except by a formal written instrument signed by all of the parties heretobenefits for days/hours, which are not counted as state-aid days/hours. 5. Should legal action arise between U. School Improvement The board will pursue the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision establishment of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionsschool improvement committee with teacher input. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. The Committee and the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time Association agree that there for shall be extended to the extent performance is delayed by an event not caused by the conduct no discrimination, and that all practices, procedures, and policies of the person obligated to perform. Such events includeschool system shall clearly exemplify that there is no discrimination in the hiring, but are not limited totraining, acts of God assignment, promotion, transfer or in the public enemy, war, riot, civil commotion application or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, sexual orientation, domicile or the terms of the Limited Warrantymarital status. 4. B. This Agreement contains constitutes Committee policy for the entire understanding term of said Agreement, and the parties Committee shall carry out the commitments contained herein and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties heretogive them full force and effect as Committee policy. 5C. Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement (as provided by current applicable Committee policies) shall continue to be so applicable during the term of this Agreement. Should legal action arise between the parties involving Unless otherwise provided in this Agreement, the substantially prevailing party nothing contained herein shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should interpreted and/or applied so as to eliminate, reduce or otherwise detract from any professional working conditions in effect immediately prior to its effective date. D. If any provision of this Agreement be determined by a court or any application of competent jurisdiction this Agreement to any employee or group of employees is held to be unenforceablecontrary to law, that determination will then such provision or application shall not affect be deemed valid and subsisting, except to the validity extent permitted by law, but all other provisions or applications shall continue in full force and effect. E. Once employed, any individual contract between the Committee and an individual teacher heretofore or hereafter executed shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. F. All educational functions of a professional nature traditionally performed and presently being performed by members of the remaining provisionsbargaining unit shall continue to be performed by the members of the bargaining unit. In order to provide adequate educational services for students identified as having special needs, the Committee may hire paraprofessional tutors who shall work with such students in cooperation with and under the immediate supervision of students‘ classroom teachers and/or special education teachers. Said paraprofessional tutors shall be under the overall supervision of the Director of Special Education and Program Accountability. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwiseG. The Committee will post this Agreement on the school district website. 7. This Agreement H. The Committee and the Association or their representatives agree to meet periodically during the school year at mutually agreeable times to discuss matters of mutual interest and concern. I. Only as modified by this Agreement, the authority and jurisdiction of the School Committee shall be interpreted and enforced in accordance with maintained as provided by the Massachusetts Constitution, the General Laws of the Massachusetts, or the laws of the state United States. Except as provided by the terms of this Agreement, the determination and administration of educational policy, the operations of the schools and the direction of the professional staff are vested exclusively in which Member maintains its principal place of businessthe School Committee. 8. This Agreement is not assignable J. The Association recognizes it legal responsibility to accept the provisions of Chapter 149, Section 178M of the General Laws: ―It shall be unlawful for any employee to engage in, induce, or encourage any strike, work stoppage, slowdown, or withholding of services by Member without such employees.‖ K. Each school year the prior written consent Superintendent shall appoint, in consultation with the President of RWCthe Association, a joint committee consisting of 3 representatives of the Association and 3 administrators for the purpose of recommending to the Superintendent by May 15 of each year any changes in procedures and format for reporting student progress to parents for the following year. 9. This Agreement is binding on L. The Committee agrees to consult with representatives of the partiesAssociation regarding any new program(s) which could affect wages, their heirshours, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form conditions of notice deemed acceptable by RWC employment prior to the recipient at implementation of such program(s). If the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC results of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended said consultation indicate that the use new program(s) will affect wages, hours and/or other conditions of one gender herein includes all genders and employment, the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member Committee agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provisionnegotiate same. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim 15.1 The Union shall deal with the ethical problems arising under the Code of Ethics of the Education Profession in accordance with the terms thereof and the Board recognizes that the Code of Ethics of the Educational Profession is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered considered by the RWC Warranty Program, Member shall, upon request, assign Union and its membership to WPMIC any rights which it may have against define acceptable but not the sole criteria of professional behavior and is to be considered a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimpart of this contract. 2. Whenever timely performance is called for hereunder15.2 This agreement shall supersede any rules, regulations, or practices of the time there for Board which shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual teacher contracts heretofore in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date provisions of this Agreement shall be incorporated into and be considered part of the date established policies of execution by RWCthe Board. 1415.3 No employee covered by the terms of this agreement will be penalized, threatened, punished, or demoted because of any participation in collective bargaining activities prior to the reaching of this Agreement. All terms not defined herein persons, upon ratification, are immediately restored to both regular and extra duties. 15.4 If any provision of the Agreement or any application of the Agreement shall have be found contrary to law, then such provision or application shall be deemed null and void to the meanings ascribed extent prescribed by law, but all other provisions or applications shall continue in full force and effect. The parties shall meet and attempt to negotiate that portion of the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Programcontract that is unenforceable. 15. 15.5 This Agreement does not create an agency. Member is not an agent will become effective upon ratification by both parties. 15.6 The use of RWC or WPMIC, all tobacco products will be prohibited within and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against on any and all expenses incurred buildings, facilities and losses sufferedvehicles owned or leased by or to the Van Buren Public Schools. This provision shall supersede any and all contrary and/or inconsistent policies, includingrules, regulations, or contract provisions with which it may conflict or modify. 15.6.1 The school district will arrange, at no cost to the employer or the employee, a smoking cessation overview program at least once a year. 15.7 Each elementary principal shall designate a teacher, or teachers, to serve as an administrative designee in the absence of the principal. 15.7.1 The administrative designee will fill in on a day-to-day basis for the building, but is not limited tomeant to replace the principal during absences due to long-term illness or accident. If a prolonged absence is known or foreseen, attorney fees by either the vacancy will be posted in compliance with the administrator's Master Agreement. 15.7.2 By way of them example, administrative designees will handle student discipline problems, deal with parental calls and concerns, act as decision maker and direct staff in emergencies, The Administrative Designee will not act as a result supervisor of Member’s violation professional or support staff, or administer or cause anyone to administer any discipline, nor hire or fire, or evaluate. 15.7.3 In the event an issue is of such magnitude or specific and urgent enough in motive that an administrator is needed, a pre designated elementary principal will be called to the building. All elementary principals have teamed with a fellow principal to determine the pre designated administrator. In the event the pre designated administrator is unavailable, central office personnel will be called to respond. 15.7.4 Administrative designees will be assigned and paid a stipend of $30 per day ($15 in the event of a half day. A half day is defined as a day when school is in session or students for a period of time not to exceed four hours.) in the event the building principal is away from the building for a period of four or more consecutive hours. Except in the event of illness or an emergency, absences of four or more consecutive hours will be pre-approved by central office administration. 15.7.5 The school district shall provide liability insurance for administrative designees subject to the provisions of the schools general liability policy. VAN BUREN EDUCATION ASSOCIATION VAN BUREN PUBLIC SCHOOLS Each eligible teacher, as defined above will select one (1) and only one of the two (2) following options in health insurance: The health insurance provided to teachers under the agreement shall continue to be Blue Cross Blue Shield Simply Blue HSA with $1300/$2,600 deductible with 80% District and 20% employee premium contributions. The District will contribute 50% to the employees deductible. Payments will be made in July and January. Optional Plan A. An additional $10,000 life with AD & D. B. $1,500 in lieu of health insurance. An employee who elects the $1,500 option shall receive the pay on the basis of $125 per month. Should an employee work only one (1) semester, their payment would be one-half (1/2) of the total amount. If an employee does not work the total year, the cash in lieu of health insurance shall be prorated. Any employee contributions for the health care premiums shall be made through the district's Health Savings Account. Life insurance in the amount of $65,000.00 with Accidental Death and Dismemberment coverage shall be provided each teacher and fully paid for by the Board for the duration of this provision. 16contract. Member agrees to maintain all terms Included in the $65,000.00 life insurance shall be any life insurance provided as part of the Membership Agreement in confidence health insurance. For example, if the health insurance plan provides $5,000.00 life insurance, the employer shall only be obligated for an additional $60,000.00 life insurance. Additional life insurance coverage for the employee's spouse and not to disclose any such terms to any person or entitydependents shall be made available at group rates from the carrier selected by the Board, but fully paid by the employees. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation This insurance option shall be available for the duration of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6this contract.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1A. The Board will provide information that is generally distributed to the Association upon request, and will comply with requests for information as needed for bargaining and processing grievances. The President will be advised of fiscal, budgetary, tax programs, and/or bond issues affecting the district. B. Copies of the Board of Education minutes and agendas will be on line before each meeting. C. Copies of this agreement shall be produced at Board expense and distributed to all current and future members of the bargaining unit. D. If any provision of this agreement or any application of those provisions are found to be contrary to law, then such provisions or applications shall be deemed to be invalid to the extent permitted by law. All other provisions or applications shall continue in full force and effect. E. The provisions of this agreement shall be applied without regard to race, gender, religion, creed, ethnic group, national origin, age, marital status, or disability. F. Bargaining unit members will adhere to all policies, rules, and regulations of the Board that are not in conflict with this agreement. G. The Board will bear the cost for all required tests (i.e. TB) and licenses (i.e. CDA, CDL), including classes taken for the maintaining of a claim is made against Member or WPMIC concerning a homeCDL. These costs may be in the form of reimbursements. The Board will also provide all necessary tools, detached garageequipment, commercial building or remodeling project covered by and training for the RWC Warranty Program, Member shallproper completion of all required jobs. H. Employees shall have the right, upon request, assign to WPMIC view the contents of their personnel file, and to be accompanied by an Association representative, if desired. I. It is the responsibility of every employee to provide, in writing, current names, addresses, phone numbers, and certification changes to the Board. J. The Association agrees not to engage in any rights which it may have against a supplier, manufacturer, subcontractor illegal action or to withhold services for the purpose of influencing Board decisions in bargaining or other person disagreements. The Board agrees not to engage in any lock-out of employees for work performed or materials supplied in connection with such claimthe same reasons. 2K. The Board agrees to allow all employees and one guest into home athletic events for free upon showing employee badge. L. Provisions of this agreement will be retroactive. Whenever timely performance The Board is called willing to keep current food service and para-professional employees at the same daily rate of pay as 2016-2017 while reducing employees’ hours worked to 29 hours per week. Essentially, current employees in those two categories will continue to make the same amount of money they were making this year going forward. Hourly, those employees will see an increase but overall their daily rate will stay the same. As new employees are hired, they will work 29 hours or less and be placed on the existing pay scale for hereunderfood service and paraprofessionals. 2016-17 Hourly Rate 2016-17 Hours per Day 2016-17 Daily Rate 2017-18 & 2018- 19 Hourly Rate 2017-18 & 2018- 19 Max 5.8 Hours per Day 2017-18 & 2018-19 Daily Rate Example #4 $9.86 6.75 $ 66.56 $11.48 5.8 $66.56 Example #2 $9.95 7.00 $69.65 $12.01 5.8 $69.65 Example #3 $11.38 7.00 $79.66 $13.73 5.8 $79.66 Example #1 $12.27 7.50 $92.03 $15.87 5.8 $92.03 The above-name parties do hereby agree that, if summer and/or any work is available, that work will be given to bargaining unit members who request it before hiring from the time there outside, provided that a member is available and qualified for the work. Requests for summer work must be turned into the Superintendent’s Office by April 1 of each year. Final decisions for such work will be at the discretion of the Superintendent. This agreement shall be extended incorporated into and becomes part of the Master Agreement and shall commence and expire with its terms. Positions for summer help will be offered first to bargaining unit members and they will be paid at the sub rate. For the Association Date For the Board Date For the MEA Date This agreement shall become effective upon the ratification of both parties and shall remain in effect from July 1, 2017 through June 30, 2019. This agreement may be reopened by mutual agreement sixty (60) days prior to the extent expiration date. Genesee Education Support Staff Assoc. Genesee School District Board of Education President President ___________________________________ _______________________________________ Vice President Vice President ___________________________________ _______________________________________ Negotiations Team Secretary ___________________________________ ________________________________________ Negotiations Team Treasurer ___________________________________ ________________________________________ Negotiations Team Trustee ___________________________________ ________________________________________ Negotiations Team Trustee ___________________________________ ________________________________________ Michigan Education Association Trustee ___________________________________ ________________________________________ Date Superintendent Name: Date: Position: Building: This evaluation is designed to be used as a tool toward the self-improvement of individual staff members. Self-improvement will result in overall job performance is delayed by an event improvement, which will in turn result in a better work environment, a more pleasant work atmosphere, and most importantly, a better learning environment for students. Please circle the appropriate number to indicate the measure of success in each area. Supporting remarks are recommended for all scores. Comments and suggestions are welcomed and encouraged in all areas. Comments should be as specific as possible; try to avoid vague generalities as these are not caused by very helpful to the conduct employee being evaluated. ATTITUDE – maintains a positive perception of self and job. Willing to learn new equipment and procedures. A good “team player;” willing to help other members of the person obligated team. Poor – 1 Below Average – 2 Average – 3 Above Average – 4 Outstanding – 5 Comments: COMPETENCE – quality of work; knows what is expected and performs well. Poor – 1 Below Average – 2 Average – 3 Above Average – 4 Outstanding – 5 Comments: DEPENDABILITY – can be counted on being in the right place at the right time to performperform assigned duties. Such events includePoor – 1 Below Average – 2 Average – 3 Above Average – 4 Outstanding – 5 Comments: EFFICIENCY – produces good quantity and quality of work in keeping with job requirements and time allotment. Poor – 1 Below Average – 2 Average – 3 Above Average – 4 Outstanding – 5 Comments: INITIATIVE – willing to go beyond the standard level of job performance. Seeks out ways to improve quality and quantity of work. Poor – 1 Below Average – 2 Average – 3 Above Average – 4 Outstanding – 5 Comments: JUDGMENT – uses good decision making and problem solving processes when confronted with new situations. Poor – 1 Below Average – 2 Average – 3 Above Average – 4 Outstanding – 5 Comments: PERSONAL TRAITS – maintains personal appearance on a level appropriate to position. Poor – 1 Below Average – 2 Average – 3 Above Average – 4 Outstanding – 5 Comments: RAPPORT – good relationship with faculty, staff, students and general public. Poor – 1 Below Average – 2 Average – 3 Above Average – 4 Outstanding – 5 Comments: Poor – 1 Below Average – 2 Comments: GENERAL COMMENTS _____________ TECHNICAL KNOWLEDGE – knows equipment, supplies, and up-to-date procedures. Average – 3 Above Average – 4 Outstanding – 5 __________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Satisfactory: __________ Needs Improvement __________ __________________________________ __________________________________ Employee Signature Evaluator Signature __________________________________ __________________________________ Date Date * Signature confirms that employee has reviewed document but are does not limited to, acts of God represent agreement on content or the public enemy, war, riot, civil commotion or governmental conduct. 3process. If Assignment: Teacher: DISTINGUISHED (D) Performs assigned duties in a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire manner indicating exceptional understanding of essential functions. Results achieved are often better than expected. PROFICIENT (P) Performs assigned duties at an acceptable level through demonstrated application of skills. BASIC (B) Performance in one or more areas does not meet the parties and canrequirement for a Proficient rating. Improvement is required. UNSATISFACTORY (U) Performance does not be altered or amended indicate the ability and/or willingness to produce required results. PERFORMANCE COMMENTS/EXAMPLES 1 Quality of Work Accurate/Thorough Consistently charts student progress Student planners/notebooks completed in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the professional manner Sound Judgment/Decision-making exhibited 2 Work Habits Organized Effectively uses time Dependable Adaptable/Flexible Positive attitude Demonstrates initiative/Self-starter Completes assignments effectively 3 Work Relationships Works well with other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC adult staff Contributes to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance team Communicates effectively with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders supervisors Maintains professional boundaries with parents 4 Work Expectations Follows procedures and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, school rules Complies with district safety policies and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, practices Demonstrates consistent attendance Maintains professional appearance and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6demeanor

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. A. The teachers and the Board, recognizing that the employment of a multi-racial staff is a common goal and that the parties must work toward improving the ratio of minority teachers in each of the buildings, agree to the following: 1. If a claim is made against Member or WPMIC concerning a homeTeachers will recommend to other teachers, detached garage, commercial building or remodeling project covered by student teachers and intern teachers of minority groups to teach in the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimNew Haven Community Schools. 2. Whenever timely performance is called for hereunder, the time there for shall be extended The Board agrees to the extent performance is delayed by an event not caused by the conduct of the person obligated utilize local resources and community contacts to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductpublicize openings within minority groups. 3. If a claim is made against Member The Board retains the sole discretion to hire or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by not hire any applicant subject to the RWC Warranty Program, escrowed monies being held by the Owner requirements of the homeOffice of Economic Opportunity, detached garage, commercial building or remodeling project shall be considered separate the Michigan Civil Rights Commission and apart from and cannot affect the terms of this Agreement or the terms of the Limited WarrantyFair Employment Practices Commission. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should B. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provisions or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is C. Any individual contract between the Board and an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement individual teacher heretofore executed shall be interpreted subject to and enforced in accordance consistent with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors terms and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision conditions of this Agreement and any individual contract hereafter executed shall not constitute a waiver be expressly made subject to and consistent with the terms of this or subsequent agreements to be executed by the provisionparties. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. 12. Whenever appropriateD. The parties will apply the provisions of this Agreement without regard to religion, it is intended that the use of one gender herein includes all genders and the singular includes the pluralrace, color, national origin, age, sex, height, weight, or marital status. 13. The effective date E. Copies of this Agreement shall be printed at the date expense of execution the Board and presented to all teachers now employed within forty-five (45) days of the ratification and signing of this Agreement, and to all teachers hereafter employed, at or prior to the time of employment. Additional copies of the Agreement may be purchased at cost by RWCthe Association from the Board of Education. 141. All terms During the life of this Agreement, the Association will not defined herein cause or permit its members to cause, nor will any member of the Association take part in a work stoppage. As used in this Agreement, the words "work stoppage" shall mean the concerted failure to report for duty; the willful absence from one's position; the stoppage of work or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, or the rights, privileges, or obligations of employment. 2. The Association shall have the meanings ascribed no liability under this article if they will post notices immediately at any or all schools affected, advising that such action is unlawful, in the Limited Warranty book containing the Warranty Resolution Proceduresviolation of this Agreement, and Approved Standards which are referred to herein as unauthorized by the “RWC Warranty Program.” 15Association. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against The Association shall further advise any and all expenses incurred teachers involved, including notification to the communications or press media if requested by the employer, that such teachers are in violation of the Agreement and losses sufferedthat all teachers involved shall return forthwith to their regular duties. 3. Members of the bargaining unit who violate this article shall be subject to disciplinary action, including, but not limited to, attorney fees by either of them including discharge. 4. So long as a result of Member’s no work stoppage occurs in violation of this provisionarticle, the Board agrees they will not lock-out during the term of this contract. 16G. 1. Member agrees It is the responsibility of each teacher to maintain report his/her impending absence; high school teachers will report absences at or before 5:30 a.m. and all terms other teachers at or before 6:00 a.m., except in cases of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6emergency.

Appears in 1 contract

Sources: Teachers' Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home‌ 8.1 Unless otherwise provided, detached garage, commercial building or remodeling project covered this Agreement shall be governed by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct law of the person obligated to perform. Such events include, but are not limited to, acts principal place of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner business of the home, detached garage, commercial building COUNTY. Venue for any dispute or remodeling project shall be considered separate and apart from and cannot affect disagreement regarding the terms of this Agreement shall be in Brazos County, Texas. 8.2 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not later than either the date of Substantial Completion, or the terms date of issuance of the Limited Warrantyfinal Certificate for Payment for acts or failures to act occurring after Substantial Completion. 48.3 The COUNTY and the ARCHITECT, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representative of such other party with respect to all covenants of this Agreement. Neither the COUNTY nor the ARCHITECT shall assign this Agreement without the express written consent of the other party. 8.4 This Agreement represents the entire integrated agreement between the COUNTY and the ARCHITECT and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement contains the entire understanding of the parties and cannot may be altered or amended in any way except only by a formal written instrument signed by all of both the parties heretoCOUNTY and the ARCHITECT. 5. Should legal 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action arise between in favor of a third party against either the parties involving COUNTY or the ARCHITECT. 8.6 Unless otherwise provided for in this Agreement, the substantially prevailing party shall be reimbursed ARCHITECT and the ARCHITECT’S consultants have no responsibility for reasonable attorney and expert witness fees by the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionstoxic substances. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. 8.7 The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein ARCHITECT shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred right to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms include representations of the Membership Agreement design of the Project, including photographs, among the ARCHITECT’S promotional professional materials. The ARCHITECT’S materials shall not include the COUNTY’S confidential or proprietary information, if the COUNTY has previously advised the ARCHITECT in confidence and not writing of the specific information considered by the COUNTY to disclose any such terms to any person be confidential or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6proprietary.

Appears in 1 contract

Sources: Architectural Services Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for 28.1 This Agreement shall be extended construed, governed, interpreted and applied in accordance with the laws of the United States. The parties acknowledge that the public universities, as entities of their various sovereign states, are without authority to agree to the extent performance is delayed by an event not caused by the conduct laws and jurisdictions of the person obligated other states. Further, no public party to perform. Such events includethis MOA waives or otherwise through agreeing to the terms and conditions of this MOA agrees to denigrate the sovereign immunities, including, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductEleventh Amendment immunity which each enjoys. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of 28.2 The parties hereto acknowledge that this Agreement or the terms of the Limited Warranty. 4. This Agreement contains sets forth the entire Agreement and understanding of the parties hereto as to the subject matter hereof, and canshall not be altered subject to any change or amended in any way modification except by the execution of a formal written instrument signed subscribed to by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision 28.3 The provisions of this Agreement are severable, and in the event that any provisions of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, that determination will such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisionsprovisions hereof. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure 28.4 The failure of either party to assert a right hereunder or to insist upon compliance with any provision term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by the provisionother party. 12. Whenever appropriate, it 28.5 The parties agree that should a factual dispute arise which is intended not resolved between or among the parties within thirty (30) calendar days of the first discussions regarding the matter that the use parties may enter into voluntary mediation in an effort to resolve the dispute. The parties shall share equally the cost of one gender herein includes all genders the mediator but each party shall be responsible for its own separate expenses and costs of whatever nature incurred in preparing for and participating in the mediation. The parties must mutually agree to a mediator and the singular includes mediation shall be conducted at a mutually convenient location. However, the plurallocation of the mediation shall not in any way or manner serve as a basis for determining the law applicable to the dispute at that time or later. The mediation must be held within sixty (60) calendar days of the date that the party desiring to enter into mediation notifies the other parties in writing of the desire for mediation. Unless the mediation effort results in a signed resolution of the dispute within ninety (90) calendar days from the date that the party desiring to enter into mediation notified the other party in writing of the desire for mediation, then whatever legal or equitable remedies are available to the parties may then be pursued. This provision does not preclude a party from pursuing legal remedies before or during the mediation that are otherwise required by law. 1328.6 This Agreement may be executed concurrently in one or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. 28.7 This Agreement may be reviewed annually by the representatives of the participating institutions. Any revisions must be agreed to in writing and signed by authorized representatives of the parties. The effective date parties may execute the Agreement via facsimile, provided that executed originals are exchanged within a reasonable time thereafter. 28.8 In the event of termination by all participating parties, then at that time, or within sixty (60) days thereafter, following payment of any outstanding amounts owed under this MOA or any subcontracts, the Coordinating Institution shall refund any and all funds then being held by the Coordinating Institution for administrative support and course development. The refunds shall be made by the Coordinating Institution to each party participating at the time of termination in proportion to those funds received from each such party under this agreement for administrative support and course development, proportionally retaining any funds provided by the Coordinating Institution. 28.9 The term of this Agreement shall be begin upon the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms last party of the Membership four parties to sign this Agreement and shall terminate no later than July 31, 2014, subject to extension of up to four years by mutual agreement of the parties in confidence and not writing through a formal amendment to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6this Agreement.

Appears in 1 contract

Sources: Memorandum of Agreement

Miscellaneous Provisions. 1A. This Agreement is the result of collective negotiations between the Board and the Association, which have been conducted under requirements and directives of statute law. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms The provisions of this Agreement or the terms supersede all conflicting policies and directives of the Limited Warranty. 4Board and the Association. This Except as this Agreement contains shall otherwise provide, all terms and conditions of employment applicable on the entire understanding signing date of this Agreement to employees covered by this Agreement shall continue to be so applicable during the parties and cannot be altered or amended term of this Agreement. Unless otherwise provided in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party nothing contained herein shall be reimbursed for reasonable attorney and expert witness fees by the other partyinterpreted and/or applied so as to eliminate, reduce or otherwise detract from any employee benefit existing prior to its effective date. Should The intent of this clause is to apply to this Agreement only. B. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement is held to be contrary to law, then such provision or application shall not constitute a waiver of be deemed valid and subsisting, except to the provisionextent permitted by law, but all other provisions or applications shall continue in full force and effect. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date C. Copies of this Agreement shall be provided by the date of execution Board after the Agreement has been officially ratified by RWCboth the Board and the Association. 14. All terms not defined herein D. Whenever either ▇▇▇▇▇ to this Agreement is required to correspond with the other party, only the Association President or the Board Secretary shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedurescorrespond, and Approved Standards which are referred to herein such correspondence shall be addressed as follows: 1. If by the “RWC Warranty Program.”Association: Board Secretary Mount ▇▇▇▇▇ Township Board of Education ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇, New Jersey 08060 152. This Agreement does not create an agencyIf by the Board: President Mount ▇▇▇▇▇ Twp. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at Education Association ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ Schools Levis Drive Mount ▇▇▇▇▇, ▇▇ ▇▇▇▇▇New Jersey 08060 E. Whenever any correspondence is directed from the Board to the Association, Western Pacific Mutual Insurance Companycopies of said correspondence shall be forwarded to the Negotiations chairperson and the Grievance Chairperson. When correspondence is directed from the Association to the Board, a Risk Retention Group (WPMIC)copies of said correspondence shall be forwarded to the President of the Board, with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇the Superintendent, ▇▇▇▇▇▇▇▇▇and the Board Negotiating Team. For the purposes of this Agreement, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual all time Imitations shall begin upon receipt of the correspondence by either the Board Secretary or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the Association President.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member A. This agreement shall supersede any rules, regulations or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by practices of the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights Board which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual contracts heretofore in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement or the terms agreement. The provisions of this agreement shall be incorporated into and be considered part of the Limited Warrantyestablished policies of the Board. 4. This Agreement contains B. There must be a fluent and reciprocal arrangement of information, ideas, and philosophy between the entire understanding Association and the Board of Education. C. Copies of this agreement shall be printed at the expense of the parties Board and cannot be altered presented to all teachers now employed or amended in any way except hereafter employed by a formal written instrument signed the Board two weeks after ratification of this agreement by all of the parties heretoboth parties. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should D. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity agreement or any application of the remaining provisionsagreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6E. Lack of communication between administration and teacher represents one of the primary sources of friction. Member acknowledges that RWC is an administrator Lack of sufficient notice on such daily items as scheduled changes, meetings, or any other factors associated with the continuity of the teaching program should be minimized. The worth of the individual teacher and not a warrantor respect for his judgment and professional competence should insure against his random manipulation without concern for opinions, feelings or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwiseagreement. 7. This Agreement F. Paid sponsors shall be interpreted and enforced in accordance with the laws attend activities of the state in class or organization to which Member maintains its principal place of businessthey are assigned. When bus transportation is involved, paid sponsor-coaches shall ride the bus with their groups to and from the event. 8. This Agreement is not assignable G. All policies adopted by Member without the prior written consent of RWCBoard pertaining to students and teachers will be distributed to teachers as these policies are passed by the Board. 9. This Agreement H. An emergency manager appointed under the local government and school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531, is binding on the partiesallowed to reject, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaidmodify, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of terminate this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed collective bargaining agreement as provided in the Limited Warranty book containing the Warranty Resolution Procedureslocal government and school district fiscal accountability act, and Approved Standards which are referred 2011 PA 4, MCL 141.1501 to herein as the “RWC Warranty Program.” 15141.1531. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page S M T W TH F S S M T W TH F S 1 2 3 4 5 6 ORD 2 3 4 5 6

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. 1. If A. This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of the parties in a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign written and signed amendment to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimthis Agreement. 2. Whenever timely performance is called for hereunder, B. Any individual contract between the time there for Board and an individual teacher shall be extended subject to and consistent with the extent performance is delayed by an event not caused by the conduct terms and conditions of the person obligated this Agreement, or board policies pertaining to performprohibited subjects of bargaining. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project Individual contracts hereafter executed shall be considered separate expressly made subject to and apart from and cannot affect consistent with the terms of this Agreement or subsequent agreements to be executed by the terms of the Limited Warranty. 4parties. This Agreement If an individual contract contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving language inconsistent with this Agreement, the substantially prevailing party this Agreement, during its duration, shall be reimbursed controlling. C. This Agreement shall supersede any rules, regulations or practices of the Board which shall be contrary to or inconsistent with its terms. The provisions of this Agreement shall be incorporated into and be considered part of the established policies of the Board. D. This Agreement shall be made available on the District’s website. E. The division of the teacher’s yearly salary into pay periods shall be on an individual basis, either 20 or 26 pay periods, upon request submitted on or before the first day of school. Once a request has been signed and submitted to the Superintendent’s Office it may not be changed for reasonable attorney and expert witness fees by that school year. Failure to take an option in writing before the other party. Should first day of school will default to 26 pays. F. If any provision of this Agreement or any application of the Agreement to any employee or group of employees shall be determined by a court of competent jurisdiction found to be unenforceablecontrary to law, then such provisions or applications shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. G. Subject to applicable provisions of this Agreement, Professional Compensation shall be as set forth on Schedule “A”, Extra Duty Compensation shall be set forth on Schedule "B”, and the School Calendar shall be as set forth on Schedule “C”. H. A teacher who has signed a written employment contract for the ensuing school year or is on continuing tenure may not be released to teach in any other school district after August 1 unless a certified and qualified teacher, who is otherwise acceptable to the employer, is available for employment and is in fact employed. The parties agree that determination will not affect failure on the validity part of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees teacher to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement provide timely notice of resignation shall be interpreted and enforced in accordance with the laws grounds for forfeiture of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the partiesrights to continuing tenure or, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Proceduresalternative, and Approved Standards which are referred to herein as the “RWC Warranty Programfor an action for breach of contract.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. 1. A. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees or the Board shall be found contrary to law, then such provision or application shall be deemed null and void, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. B. This Agreement shall be interpreted and enforced in accordance with the laws supersede any rules, regulations or practices of the state Board which shall be contrary to or inconsistent with its terms. It shall likewise supersede any contrary or inconsistent terms contained in which Member maintains its principal place any individual teacher contracts heretofore in effect. All future individual teacher contracts shall be made expressly subject to the terms of businessthis Agreement. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date C. Copies of this Agreement shall be printed at the date expense of execution the Board and presented to all teachers, by RWCthe Board, now employed or hereafter employed by the Board. Thirty (30) additional copies shall be given the Association. 14D. The continuing contract of any professional employee who has reached the permissible age by law for mandatory retirement shall be canceled on the last day of the contract year. All terms Such employee may apply for employment on a year to year basis subject to annual approval by the Board. E. Upon the request of the Board any teacher who enrolls in a course related to his/her instructional responsibilities at NCATE (National Council for Accreditation of Teacher Education) accredited college or university shall receive full reimbursement from the Board, for his/her tuition upon the successful completion of such course. F. Any and all listening devices (i.e. intercommunications systems) that shall be installed hereafter, shall be equipped with a sounding device (i.e. three second beeper) so that teacher may be made aware when such a device is in operation in his/her respective room. G. It is agreed that any modifications of this Agreement shall be made only with the consent of both parties; the party shall be obligated to bargain collectively with the other with respect to any subject or matter not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are specifically referred to herein as or covered herein, even though the “RWC Warranty Program.” 15. This Agreement does same may not create an agency. Member is not an agent have been within the knowledge or contemplation of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents either party at the time of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation negotiation of this provisionAgreement. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a homeA. This Agreement shall constitute the full and complete commitments between both parties and may be altered, detached garagechanged, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited added to, acts of God deleted from, or modified only through the public enemyvoluntary, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding mutual consent of the parties in a written and cannot be altered or amended in any way except by a formal written instrument signed by all of amendment to the parties heretoAgreement. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. B. This Agreement shall be interpreted and enforced in accordance with the laws supersede any rule, regulations, or practices of the state in Board which Member maintains shall be contrary to or inconsistent with its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13terms. The effective date provisions of this Agreement shall be incorporated into and be considered part of the date established policies of execution by RWCthe Board. 14. All terms C. If any provisions of this Agreement or any application of the Agreement of any employee or groups of employees shall be found contrary to the law, then such provision shall not defined herein be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall have continue in full force and effect. D. Procedures for the meanings ascribed makeup of “Act of God” days are covered in the Limited Warranty book containing personnel handbook. It is the Warranty Resolution Procedures, intent of the parties to develop a procedure compatible with our local districts as nearly as possible. E. The Board and Approved Standards the Association agree that part-time positions may be of mutual advantage to both parties. Individuals may submit a request that part time or job sharing be considered. Terms and conditions of part time positions will be consistent with the Master Agreement unless mutually agreed by the Board and Association. Such part-time positions shall be for a specified period of time which are referred may be extended only by mutual agreement of the affected professional instructional employee and the Board. The request would be made in writing to herein as the “RWC Warranty Programimmediate supervisor or the Superintendent. The decision to deny a request is not subject to the grievance process. 15. F. This Agreement does not create an agencyincorporates the Agreement reached by the parties on all agreed issues, which were subjects of negotiations. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation During the term of this provisionAgreement, neither party will be required to negotiate with respect to any such matter whether or not covered by this Agreement and whether or not within the knowledge of contemplation of either or both of the parties at the time they negotiated or signed this Agreement. The parties may voluntarily reopen the Agreement to discuss issues of mutual concern. 16. Member agrees to maintain all terms G. At the request of the Membership Agreement in confidence and not professional instructional employee, the Supervisor may schedule up to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6three

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. Section 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by This agreement constitutes Board policy for the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimterm of said agreement and the Board and the Association shall carry out the commitments contained herein and give them full force and effect as Board and Association policy. Section 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement to any employee or group of employees is held to the contrary to law, than such provision or application shall not constitute a waiver be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall be in full force and effect. Section 3. Any individual contract between the Board and an individual teacher, heretofore or hereafter executed, shall be subject to this agreement and if such contract contains any language inconsistent with this Agreement, this Agreement, during its duration shall be controlling. Section 4. The Board and the Association agree that there shall be no discrimination and that all practices, procedures and policies of the provision. 12. Whenever appropriate, it school system shall clearly exemplify that there is intended that the use of one gender herein includes all genders no discrimination and the singular includes hiring, training, assignment, promotion, transfer or discipline of a teacher or in the plural. 13. The effective date application or administration of this Agreement shall be on the date basis of execution by RWCrace, creed, color, religion, national origin, sex, domicile or marital status. 14Section 5. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred Whenever any notice is required to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees be given by either of them as a result of Member’s violation the parties to this Agreement to the other, pursuant to the provisions of this provision.agreement, either party shall do so by telegram or certified letter at the following addresses: 16. Member agrees a. If by the Association, to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices Board at ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇. b. If by the Board, ▇▇ ▇▇▇▇▇ to the Association at the home of the President. Section 6. The reimbursement for the required use of personal vehicles for school business is currently .36 per mile. Section 7. The Board of Education shall develop an Employee Assistance Program in conjunction with its Association. Section 8. It is understood that the attached language changes for each article in the collective bargaining agreement and Company Name: indicate whether will be made a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date part of Execution the collective bargaining agreement upon ratification by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6both parties. All terms and conditions not specifically modified herein will continue as part of the newly drafted collective bargaining agreement. Salary guides will be mutually developed by the Board of Education and the Association.

Appears in 1 contract

Sources: Instructional Contract

Miscellaneous Provisions. 1A. This agreement constitutes Board policy for the term of said Agreement. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by The Board and Association shall carry out the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimcommitments contained herein and give them full force and effect as Board policy. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. B. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not constitute a waiver be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. C. The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the provisionschool system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of employees or in the application or discipline of employees or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, or marital status. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date D. Copies of this Agreement shall be printed and the date expense be borne equally by both parties. Copies of execution this agreement shall be presented to all employees covered by RWCthis agreement. 14. All terms not defined herein shall have E. Representatives of the meanings ascribed in Board and the Limited Warranty book containing Association shall, if requested by either party, meet at least once each month for the Warranty Resolution Procedurespurpose of reviewing the administration of the Agreement, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them resolve problems that may arise as a result of Member’s violation the administration of this provisionAgreement. Such meetings shall not replace grievance procedures. 161. Member agrees Each party shall submit to maintain all terms the other at least three (3) days prior to the meeting an agenda covering matters they wish to discuss. 2. All meetings between the parties shall be regularly scheduled, to take place when the employees involved are free from assigned responsibilities, unless otherwise agreed. 3. Any agreements reached by the party regarding the administration of this Agreement shall be placed in writing and become a part of official Board of Education minutes. F. The Board and the Membership Agreement in confidence and not to disclose any such terms to any person or entityAssociation shall exchange the following salary information during negotiations: 1. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6Employee’s step on guide 2. Contractual salary including extra-curricular salaries 3. Ratio status

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim A. The parties agree that there shall be no discrimination and that all practices, procedures and policies of both parties shall clearly exemplify that there is made against Member no discrimination in the hiring, training, assignment, promotion, transfer or WPMIC concerning a homeadministration of the Agreement on the basis of race, detached garagecreed, commercial building color, religion, national origin, sex, domicile or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimmarital status. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. B. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court or any application of competent jurisdiction this Agreement to any employee or group of employees is held to be unenforceablecontrary to law, that determination will then such provision or application shall not affect be deemed valid and subsisting, except to the validity of the remaining provisionsextent permitted by law, but all other provisions or applications shall continue in full-force and effect. 6C. Any individual contract between the Board and an individual teacher heretofore or hereafter executed shall be subject to and consistent with terms and conditions of this Agreement. Member acknowledges that RWC is If an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from individual contract contains any loss or expenselanguage inconsistent with the Agreement, including attorney feesthis Agreement during its duration, if Member should ever claim otherwiseshall be controlling. 7. This Agreement shall be interpreted and enforced in accordance with D. In the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with event that any provision of this Agreement is breached, by either party, the aggrieved party while seeking relief, shall continue to comply with the provision of this Agreement. 1. Should either party hereto waive, at any time, its rights as set forth in any provision of this Agreement, such waiver shall not constitute a waiver be interpreted and/or applied so as to eliminate, reduce or otherwise detract from any other provision of the provisionthis Agreement. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date E. Copies of this Agreement shall be provided to all teachers at the date joint expense of execution by RWCthe Board and the Association. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred F. Whenever any notice is required to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees be given by either of them as a result of Member’s violation the parties to this Agreement to the other, pursuant to the provisions of this provisionAgreement, either party shall do so by telegram or certified letter or otherwise in writing at the following addresses: 1. If by the Association to the Board at the Upper School, Charlotte Place, Englewood Cliffs. 162. Member agrees If by the Board to maintain all terms the Association at the address of the Membership Agreement Association President. G. Children of staff members shall be permitted to attend schools in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), cthe Englewood Cliffs School District tuition free in accordance with current board policy/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6contract regarding tuition paying students.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1) This Agreement constitutes the full and complete agreement of the parties and may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of the parties in a written, signed amendment to this Agreement. If The Association and Superintendent agree that all negotiable items have been discussed during the negotiations leading to this Agreement, and the parties agree that negotiations will not have to be reopened on any item, whether contained in this Agreement or not. The operating of school and direction of staff are vested exclusively in the school board. Before the Board adopts a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project change in policy which affects items construed by PERB as mandatory subjects of negotiations and which are not covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees Superintendent will notify "CRESPA" in writing that the Board is considering such a change. The "CRESPA" will have the right to negotiate such items with the Board by notifying the Board of such intent within five (5) work days after receipt of such notice. This procedure should not interfere with the Board or any persons in management authority to make unilateral decisions without negotiating on non-mandatory items not covered by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionsAgreement. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. 2) This Agreement shall be interpreted and enforced in accordance with the laws supersede any rules, regulations, or practices of the state in Board which Member maintains shall be contrary to or inconsistent with its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13terms. The effective date provisions of this Agreement shall be incorporated into and be considered part of the date established policies of execution by RWCthe Board. 14. All 3) Any individual arrangement, agreement or contract between the Board and an individual employee, heretofore executed, shall be subject to and consistent with the terms not defined herein and conditions of the Agreement and any individual arrangement, agreement or contract hereafter executed shall have be expressly made subject to and consistent with the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation terms of this provisionor subsequent agreement to be executed by the parties. If an individual arrangement, agreement or contract contains any language inconsistent with this Agreement, the Agreement, during its duration, shall be controlling. 16. Member agrees 4) If a determination or decision is made that any portion of this Agreement is contrary to maintain all terms law, the original parties to this Agreement shall convene immediately for the purpose of negotiating a satisfactory replacement for such Article or part thereof. 5) An electronic copy of the Membership Agreement in confidence contract will be distributed to all employees. Printed copy can be supplied upon request to the district office, 6) The final proof shall be read by both the administration and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ the "CRESPA" and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6they shall agree upon its final form before being issued.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of City. Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of City. No such subcontract shall relieve the primary Contractor from its obligations and liabilities under this Agreement, nor shall any subcontract obligate direct payment from City. In all cases, Contractor is solely responsible for fulfillment of this Agreement. Duly authorized representatives for City shall have the right to direct and inspect the work under this Agreement. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms part of this Agreement or the terms shall be in violation of the Limited Warranty. 4laws or Constitution of New Mexico, only such part thereof shall be thereby invalidated, and all other parts hereof shall remain valid and enforceable. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except is governed by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place State of business. 8. This Agreement is not assignable by Member without New Mexico and will bind and inure to the prior written consent benefit of RWC. 9. This Agreement is binding on the partiesCity and Contractor, their heirs, executors, administrators, respective successors and assigns. 10. All notices required hereunder must In the event that Contractor defaults on any term of this Agreement, after reasonable attempts to cure said default, City retains the right to declare this Agreement void. In the event that this Agreement is declared void, neither party shall be obligated to perform further under this Agreement. Jurisdiction and venue relating to any litigation or dispute arising out of this Agreement shall be in the District Court of Lea County, New Mexico, only. Contractor agrees to pay City reasonable costs, including court fees and reasonable attorney’s fees, incurred by City in the enforcement of this Agreement, even though City may employee in-house legal counsel. A party shall be excused from performance under this agreement for any period that the party is prevented from performing as a result of an act of God, strike, war, civil disturbance, epidemic, or court order, provided that the party has prudently and promptly acted to take any and all steps that are within the party's control to ensure performance. Subject to this provision, such non-performance shall not be deemed a default or a ground for termination. In the event that Contractor desires to cancel the scheduled services for any reason, Contractor is responsible for the following: Contacting the CORE Welcome Desk, (575) 393-CORE; and Contacting Aquatics Coordinator, (575) 393-CORE. Any change orders shall be in writing and sent signed by certified mailthe parties specifically enumerating the additional work to be performed, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11scope, and/or the cost therein. Failure A party's failure to require strict performance of either party to insist upon compliance with any provision of this Agreement shall not constitute waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a waiver party of the provision. 12. Whenever appropriate, it is intended that the use any of one gender herein includes all genders and the singular includes the plural. 13. The effective date of its rights under this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed effective unless express and in the Limited Warranty book containing the Warranty Resolution Procedureswriting, and Approved Standards which are referred no effective waiver by a party of any of its rights shall be effective to herein as the “RWC Warranty Program.” 15waive any other rights. This Agreement does not create an agency. Member is not an agent incorporates all of RWC or WPMICthe Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and Member all such covenants, Agreements and its employees are not authorized to hold themselves out as agents of RWC understandings have been merged into this written Agreement. No prior Agreement or WPMIC. Member and its employees have no authority to bind understanding, oral or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses sufferedotherwise, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership parties or their agents shall be valid or enforceable unless embodied in this Agreement. The foregoing constitutes the entire Agreement between the parties and may be modified only in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution writing signed by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6both parties.

Appears in 1 contract

Sources: Professional Services Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. The Board and the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time Association agree that there for shall be extended to the extent performance is delayed by an event not caused by the conduct no discrimination, and that all practices, procedures and policies of the person obligated to perform. Such events includeschool system shall clearly exemplify that there is no discrimination in hiring, but are not limited totraining, acts assignment, promotion, transfer or discipline of God teachers or in the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner application of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile or the terms of the Limited Warrantymarital status. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should B. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not constitute a waiver be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. C. The following “No Strike Clause” is included: “The Association covenants for itself, its officers and representatives and its members not to engage in, authorize, promote, aid, encourage, or condone any strike, work stoppage, walk-out or work refusal (hereinafter called job action). No employee included within this bargaining unit shall engage in any such “job action” by the Association, its officers, representatives or members or by any such employee. Any job action shall be violation of this Agreement. In furtherance of this covenant, the Association pledges to actively discourage and to take whatever affirmative steps are necessary to prevent or terminate any such “job action” by its members. This covenant shall be equally applicable to any such “job action” by the Association or its members in support of any “job action” by any other employee union or group of employees. This covenant shall be effective during the term of this Agreement and shall continue in force after the expiration of the provisionterm of this Agreement during any period prior to the execution of a successor Agreement. Nothing contained herein shall be construed to limit or restrict the Board in its right to seek and obtain such judicial relief as to which it may be entitled. The Board of Education agrees that it shall not lock out any employee during the term of this agreement. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date D. Three copies of this Agreement shall be reproduced at the date expense of execution the Board after agreement with the Association on format within thirty (30) days after the Agreement is signed. The Agreement shall be available for review by RWCall teachers now employed, hereafter employed, or considered for employment by the Board. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred E. Whenever any notice is required to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees be given by either of them as a result of Member’s violation the parties to this Agreement to the other, pursuant to the provision(s) of this provision.Agreement, either party shall do so in writing at the following address: 161. Member agrees If by Association, to maintain all terms of the Membership Agreement in confidence and not Board at 2. If by Board to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member A. No polygraph or WPMIC concerning a homelie detector device shall be used in any investigation of any teacher, detached garage, commercial building or remodeling project covered unless requested by such individual. B. The Association shall be duly advised by the RWC Warranty ProgramBoard of fiscal, Member budgetary and tax programs affecting the District and the Association shall, upon requestwhenever feasible, assign have the opportunity in advance to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection consult with such claimthe Board with respect thereto prior to general publication. 2. Whenever timely performance is called for hereunderC. This Agreement shall supersede any rules, regulations or practices of the time there for Board which shall be extended contrary to the extent performance is delayed by an event not caused by the conduct or inconsistent with its terms. No past practice shall be used to contradict any specific provision of the person obligated to performcontract. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual teacher contracts heretofore in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual teacher contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement. The provisions of this Agreement or the terms shall be incorporated into and be considered part of the Limited Warrantyestablished policies of the Board. 4D. Copies of this Agreement shall be printed by the Board and presented to all teachers now employed or hereafter employed by the Board, with fifty-two (52) copies furnished to the Association. This Agreement contains the entire understanding Additional copies may be obtained at a cost of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties heretotwo ($2.00) dollars per copy. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should E. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges F. Both parties shall continue to meet on a regularly scheduled basis in order to promote good communication between the parties and to provide the opportunity to address any concerns that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwisemay arise. 7G. The Board shall receive union input regarding acceptable use policies for Internet/Intranet usage. H. The Board has a safety policy and safety procedures. This Agreement The District shall adhere to Board policy and State and Federal Regulations regarding air quality control. I. An emergency manager appointed under the local government and school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531 shall be interpreted allowed to reject, modify, or terminate this collective bargaining agreement as provided in the local government and enforced school district fiscal accountability act, 2011 PA 4, MCL 141.1501 to 141.1531. 1.0 35,374 36,577 37,980 39,183 1.5 36,307 37,509 38,934 40,137 2.0 36,902 38,106 39,537 40,741 2.5 37,759 38,962 40,444 41,646 3.0 38,615 39,816 41,354 42,555 3.5 39,514 40,718 42,308 43,509 4.0 40,411 41,614 43,258 44,462 4.5 41,349 42,550 44,254 45,457 5.0 42,286 43,490 45,248 46,453 5.5 43,270 44,474 46,295 47,498 6.0 44,254 45,457 47,339 48,542 6.5 45,287 46,489 48,431 49,636 7.0 46,314 47,516 49,524 50,728 7.5 47,397 48,601 50,671 51,875 8.0 48,478 49,678 51,817 53,021 8.5 49,611 50,813 53,013 54,216 9.0 50,742 51,944 54,215 55,417 9.5 51,927 53,129 55,473 56,677 10.0 55,679 56,882 59,470 60,671 10.5 56,837 58,040 60,729 61,932 11.0 58,135 59,337 62,090 63,294 11.5 59,292 60,493 63,351 64,554 12.0 60,702 61,903 64,835 66,037 12.5 60,833 62,034 64,962 66,165 13.0 63,003 64,219 67,185 68,400 2014-15 Salary schedule will change 0.00% from the 2013-14 salary schedule. (Bargaining unit members get steps and lane changes) 2015-16 Salary schedule will increase/decrease by 50% of the change in accordance the State Foundation Grant (including unrestricted categorical grants). The increase/decrease shall not exceed 3.00% in either direction for the bargaining unit members. (Bargaining unit members get steps and lane changes) 2016-17 Salary schedule will increase/decrease by 50% of the change in the State Foundation Grant (including unrestricted categorical grants). The increase/decrease shall not exceed 3.00% in either direction for the bargaining unit members. (Bargaining unit members get steps and lane changes) Nurses shall be paid 75% of the BA Schedule. Effective with the laws of 2002-2003 school year, the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement school nurse shall be placed on step 9.5 and subsequently shall move one step for each year of additional experience. Those employees currently receiving longevity pay based upon total years of service shall continue to receive such credit. Employees not receiving longevity pay during the date 2001-2002 school year shall be paid longevity based upon years of execution by RWC. service in Birch Run only. Longevity pay shall be based upon the employee’s years of service beginning with the fourteenth year of service and continuing each subsequent year. 2014-17 $45/year of service for 14. All terms not defined herein shall have -19 years of service $50/year of service for 20-24 years of service $55/year of service for 25 or more years of service For the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Proceduresfollowing positions, "Head" refers to varsity coaching positions, "Assistant" refers to all other high school coaching positions, and Approved Standards which are referred "Middle School" refers to herein as the “RWC Warranty Programall 7th and 8th grade coaching positions.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. A. This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of the parties in a written and signed amendment to the Agreement. B. This Agreement shall supersede any rule, regulations, or practices of the Board which shall be contrary to or inconsistent with its terms. The provisions of this Agreement shall be incorporated into and be considered part of the established policies of the Board. C. If any provisions of this Agreement or any application of the Agreement of any employee or groups of employees shall be found contrary to the law, then such provision shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. D. Procedures for the make up of “Act of God” days are covered in the personnel handbook. It is the intent of the parties to develop a procedure compatible with our local districts as nearly as possible. E. The Board and the Association agree that part time positions may be of mutual advantage to both parties. Individuals may submit a request that part time or job sharing be considered. Terms and conditions of part time positions will be consistent with the Master Agreement unless mutually agreed by the Board and Association. Such part time positions shall be for a specified period of time which may be extended only by the mutual agreement of the affected professional instructional employee and the Board. The request would be made in writing to the immediate supervisor or the Superintendent. F. The Early Retirement Incentive (ERI) and Universal Buy-in Credit: Eligibility-- 1. If Professional instructional employees with a claim is made against Member or WPMIC concerning a homeminimum of 12 years employment with Char-Em Intermediate School District, detached garageand who can document at least 25 years of credited service through the State Retirement System, commercial building or remodeling project covered by and prior to July 1, 2013 provide notice to the RWC Warranty Program, Member shall, upon request, assign Superintendent to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person retire are eligible for work performed or materials supplied the incentive as described in connection with such claimthe 2007 – 2010 collective bargaining agreement. 2. Whenever timely performance is called for hereunderProfessional instructional employees with a minimum of 12 years employment with Char-Em Intermediate School District, and who can document at least 25 years of credited service through the time there for shall be extended State Retirement System, and who between July 1, 2013 and March 1, 2016 provide notice to the extent performance is delayed by an event not caused by the conduct of the person obligated Superintendent to perform. Such events include, but retire are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct.eligible for this incentive: 3. If Professional instructional employees, who qualify as outlined in #2 above, will receive the following allowance as a claim one-time payment for early retirement. This one-time lump sum allowance as outlined below is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by based on the RWC Warranty Program, escrowed monies being held by the Owner step 5 of the home, detached garage, commercial building individual’s applicable salary lane at the time of retirement (or remodeling project shall be considered separate and apart from and cannot affect the terms step 1 BS teacher salary if Basic). • 25 yrs of this Agreement service (or the terms 1st year of the Limited Warranty.eligibility if Basic) 100% • 26 yrs of service (or 2nd year of eligibility if Basic) 80% • 27 yrs of service 60% • 28 yrs of service 40% • 29 yrs of service 20% 4. This Agreement contains the entire understanding Professional instructional employees, who are not Basic and who qualify as outlined above, will additionally receive a payment as follows for each unused sick leave day. • 25 yrs of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all service $125 • 26 yrs of the parties hereto.service $100 • 27 yrs of service $75 • 28 yrs of service $50 • 29 yrs of service $25 5. Should legal action arise between Professional instructional employees belonging to the parties involving this Agreement, the substantially prevailing party shall be reimbursed Basic system will receive a payment of $50 for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionseach unused sick leave day. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwiseThis one time payment will be calculated upon the number of days in the professional instructional employee’s individual sick leave account at the time of retirement. 7. This Agreement shall retirement incentive is limited to an average of four bargaining unit members per year, with a total of twelve requests honored for the duration of this contract. Requests beyond this number may be interpreted and enforced in accordance with honored at the laws discretion of the state Superintendent based upon the financial condition of the Intermediate School District. Professional instructional employees wishing to take advantage of this early retirement incentive shall notify the Superintendent in which Member maintains its principal place writing by March 1st of businessthe school year prior to his/her planned retirement date. For example, if a professional instructional employee wishes to retire at the close of the 2011-2012 school year, notification would be necessary by March 1, 2011. Professional instructional employees wishing to take advantage of this early retirement incentive prior to the end of the 2010-2011 school year shall notify the Superintendent prior to July 1, 2010. These notification timelines may be waived at the discretion of the Superintendent. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must The determination factor for a professional instructional employee to be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver included as one of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of Association members approved for this Agreement shall incentive will be the date of execution request for this incentive. Ties will be settled by RWCgranting this incentive to whomever has the most seniority within the bargaining unit at the Intermediate School District. Applications for this credit will only be honored for those submitted applications within the duration of this contract. Implementation: 1. The payment to the individual of the ERI, excluding any tax liability, shall be done prior to the professional instructional employee actually retiring, but after verification that the individual has made application to the Michigan Public Employees’ Retirement System for retirement benefits from said retirement system. 142. All terms not defined herein shall have Any salary earned by the meanings ascribed individual through Schedule B income during the last three years of employment will reduce the retirement incentive by a like number of dollars. 3. The Board has adopted a resolution that allows professional instructional employees to participate in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty ProgramMPSERS Tax-Deferred Program (TDP) for funding purchased years.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Professional Agreement

Miscellaneous Provisions. A. The teachers and the Board, recognizing that the employment of a multi-racial staff is a common goal and that the parties must work toward improving the ratio of minority teachers in each of the buildings, agree to the following: 1. If a claim is made against Member or WPMIC concerning a homeTeachers will recommend to other teachers, detached garage, commercial building or remodeling project covered by student teachers and intern teachers of minority groups to teach in the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimNew Haven Community Schools. 2. Whenever timely performance is called for hereunder, the time there for shall be extended The Board agrees to the extent performance is delayed by an event not caused by the conduct of the person obligated utilize local resources and community contacts to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductpublicize openings within minority groups. 3. If a claim is made against Member The Board retains the sole discretion to hire or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by not hire any applicant subject to the RWC Warranty Program, escrowed monies being held by the Owner requirements of the homeOffice of Economic Opportunity, detached garage, commercial building or remodeling project shall be considered separate the Michigan Civil Rights Commission and apart from and cannot affect the terms of this Agreement or the terms of the Limited WarrantyFair Employment Practices Commission. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should B. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provisions or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is C. Any individual contract between the Board and an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement individual teacher heretofore executed shall be interpreted subject to and enforced in accordance consistent with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors terms and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision conditions of this Agreement and any individual contract hereafter executed shall not constitute a waiver be expressly made subject to and consistent with the terms of this or subsequent agreements to be executed by the provisionparties. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. 12. Whenever appropriateD. The parties will apply the provisions of this Agreement without regard to religion, it is intended that the use of one gender herein includes all genders and the singular includes the pluralrace, color, national origin, age, sex, height, weight, or marital status. 13. The effective date E. Copies of this Agreement shall be printed at the date expense of execution the Board and presented to all teachers now employed within forty-five (45) days of the ratification and signing of this Agreement, and to all teachers hereafter employed, at or prior to the time of employment. Additional copies of the Agreement may be purchased at cost by RWCthe Association from the Board of Education. 141. All terms During the life of this Agreement, the Association will not defined herein cause or permit its members to cause, nor will any member of the Association take part in a work stoppage. As used in this Agreement, the words "work stoppage" shall mean the concerted failure to report for duty; the willful absence from one's position; the stoppage of work or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, or the rights, privileges, or obligations of employment. 2. The Association shall have the meanings ascribed no liability under this article if they will post notices immediately at any or all schools affected, advising that such action is unlawful, in the Limited Warranty book containing the Warranty Resolution Proceduresviolation of this Agreement, and Approved Standards which are referred to herein as unauthorized by the “RWC Warranty Program.” 15Association. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against The Association shall further advise any and all expenses incurred teachers involved, including notification to the communications or press media if requested by the employer, that such teachers are in violation of the Agreement and losses sufferedthat all teachers involved shall return forthwith to their regular duties. 3. Members of the bargaining unit who violate this article shall be subject to disciplinary action, including, but not limited to, attorney fees by either of them including discharge. 4. So long as a result of Member’s no work stoppage occurs in violation of this provisionarticle, the Board agrees they will not lock-out during the term of this contract. 16G. 1. Member agrees It is the responsibility of each teacher to maintain all terms report his/her impending absence at or before 6:00 AM, except in cases of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6emergency.

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. 122:1 The Board and the Association agree that during the period of this Agreement neither will directly or indirectly engage in or assist in any unfair labor practices. 22:2 Nothing in this Agreement shall require the Board to keep schools open in the event of severe inclement weather or when otherwise prevented by health hazard or acts of God. If a claim is made against Member or WPMIC concerning a homeWhen schools are closed to students due to the above conditions, detached garageattendance of teachers will not be required. 22:3 The Board, commercial building or remodeling project covered on its own behalf and on behalf of the electors of the District hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the RWC Warranty Programlaws and the Constitution of the State of New Jersey and the United States. 22:4 The exercise of the foregoing powers, Member shallrights, upon requestauthority, assign to WPMIC any rights which it may have against a supplierduties and responsibilities by the Board, manufacturerthe adoption of policies, subcontractor or other person for work performed or materials supplied rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for therewith shall be extended limited only to the specific and express terms of this agreement and then only to the extent performance is delayed by an event not caused by such specific and express terms hereof are in conformance with the conduct Constitution and laws of the person obligated to perform. Such events include, but are not limited to, acts State of God or New Jersey and the public enemy, war, riot, civil commotion or governmental conductConstitution and laws of the United States. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project 22:5 Nothing contained herein shall be considered separate to restrict or deny the Board of its rights, responsibilities, and apart from and cannot affect authority under the terms of this Agreement New Jersey School Laws or the terms of the Limited Warrantyany other national, state, county, district or local laws or regulations. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should 22:6 If any provision of this Agreement be determined by a court or any application of competent jurisdiction this Agreement to any teacher or groups of teachers is held to be unenforceablecontrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 22:7 Nothing in this Agreement which changes pre-existing Board Policy, rules or regulations shall operate retroactively unless expressly so stated. The parties agree that determination will not affect teachers shall continue to serve under the validity direction of the remaining provisions. 6. Member acknowledges that RWC is an administrator Superintendent of Schools and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with Board and Administrative Policies, Rules and Regulations provided that the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision provisions of this Agreement shall not constitute a waiver supersede and prevail over any conflicting provisions. 22:8 It is understood that, under the ruling of the provision. 12. Whenever appropriate, it is intended that the use courts of one gender herein includes all genders New Jersey and the singular includes State Commissioner of Education, the plural. 13Board of Education is forbidden to waive any rights or powers granted it by law. The effective date Anything to the contrary notwithstanding, nothing contained in any section, paragraph, or sub-section of this Agreement shall be interpreted in any manner or be so construed as to indicate that the date of execution Board has waived rights which are expressly required by RWCthe courts to be retained by the Board. 14. All terms not defined herein 22:9 The Board and the Association agree that there shall have the meanings ascribed be no discrimination in the Limited Warranty book containing hiring, training, assignment, promotion, transfer or discipline of teachers or in the Warranty Resolution Proceduresapplication or administration of this Agreement on the basis of race, creed, color, religion, national origin, sex, domicile or marital status. 22:10 Incidental Purchases - Teachers shall be paid an annual stipend of fifty (50) dollars to cover the cost for teaching supplies purchased on their own, for specific class, education or cultural projects. The stipend will be paid once per year in the first check in December. 22:11 Copies of this Agreement shall be printed in booklet form and Approved Standards which are distributed to the members of the bargaining unit promptly. The booklet form referred to herein as will be approximately similar to other booklet forms in use within Mercer County between school districts and education associations. The costs shall be shared between the “RWC Warranty ProgramBoard and the Association. 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member 22:12 The Board agrees to indemnify provide separate checks or pay stubs showing compensation for each activity performed. Pay stubs shall report regular salary and hold RWC any other salary as separate categories. 22:13 Effective with the 2019-2020 school year, the parties agree that teachers shall be paid twenty times per year, twice per month rather than bi-weekly. Effective for the 2024-2025 school year, these payments will be scheduled for fifteenth (15th) and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees thirtieth (30th) of the month. 22:14 Notices under this Agreement shall be given by either of them party to the other by telegram or registered letter as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of follows: To the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇Board at: West Windsor-Plainsboro Regional School District ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇▇West Windsor, ▇▇▇▇▇▇▇▇▇NJ 08550 To the Association at: West Windsor-Plainsboro Education Association P.O. Box 27 West Windsor, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6NJ 08550

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1A. All bargaining unit members will submit to a medical examination, when applicable. If This medical examination shall contain a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered test for tuberculosis. These examinations will be conducted by the RWC Warranty Programschool physician at no cost to the bargaining unit member, Member shallor they may be conducted by the bargaining unit member's physician with the charges and costs hereof being assumed by the bargaining unit member. B. Bargaining unit members required to travel while on the job will be provided transportation for that purpose and will not use school vehicles for personal business at any time. C. Any bargaining unit member shall have the right, upon request, assign to WPMIC any rights review the contents of his/ her personnel file in the presence of an administrator. No materials will be placed in a bargaining unit member's personnel file without the bargaining unit member's knowledge. No materials from a personnel file will be forwarded without the bargaining unit member's knowledge and consent, except initial employment and standard forms which apply to all bargaining unit members. At the request of the District, bargaining unit members will affix their signature on the actual copy of material to be placed in the personnel file. The bargaining unit member has the option of agreeing or disagreeing and stating it may have against along with their signature on the actual copy of said material and to receive a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with copy of such claimdocument. D. A committee will be established to discuss all suggested changes in non-teacher's working schedules. The District will notify the Association at least five (5) working days before making any changes to allow time for the committee to meet. The committee will consist of two (2) District representatives and two (2) bargaining unit members. Whenever timely performance is called for hereunder, The existence of this committee shall in no way limit the time there for shall be extended District's right to make the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductfinal decision regarding work schedules. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, unit members injured on the job will have the option of using his/ her sick leave until ▇▇▇▇▇▇▇▇▇'▇ compensation is received, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether on a corporationpro-rated basis. Brusliton-Moira Support Staff Contract, partnership2011-2016 21 A. IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISION OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING THE ADDITIONAL FUNDS THEREFORE, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.

Appears in 1 contract

Sources: Memorandum of Agreement (Moa)

Miscellaneous Provisions. 1A. The Board and the Association agree that there shall be no discrimination and that all practices, procedures, and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignments, promotion, transfer, or disciplines of Negotiations Unit Members or in the application or administration of the Agreement an the basis of race, color, creed, religion, national origin, sex, domicile, marital status, or age. If a claim is made against Member No grievance pertaining to discrimination in the hiring, training, assignments, promotion or WPMIC concerning a hometransfer, detached garageor discipline of Negotiation Unit Members may be submitted to binding arbitration; such grievance if not resolved at the Board level, commercial building may be submitted to the appropriate forum such as the Division of Civil Rights, Commissioner of Education, or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimCourts. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. B. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement or any application of this Agreement to any employee or group of employees is held contrary to law, then such provisions or applications shall not be determined deemed valid and subsisting, except to the extent permitted by a court of competent jurisdiction to be unenforceablelaw, that determination will not affect the validity but all other provisions, or applications shall continue in full force or effect. C. Terms and conditions of the remaining provisionsmaster Agreement shall take precedence and control over any individual contract made with any NUM. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision D. Copies of this Agreement shall not constitute a waiver be printed at the joint expense of the provisionBoard and the Association after agreement on format within thirty (30) days after the agreement is signed. The agreement shall be presented to all NUMs now employed, hereafter employed, or considered for employment by the Board. 12. Whenever appropriateE. Except as the Agreement shall otherwise provide, it is intended that all terms and conditions of this employment applicable on the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement to employees covered by this agreement as established by the administrative procedures and practices in force on said date, shall continue to be so applicable during the terms of this agreement. F. The Board will provide titles with job descriptions for new and reclassified positions. Also, anyone who has a position change shall be notified in writing by a designee of the date of execution by RWCboard. 14. All terms not defined herein shall have the meanings ascribed G. When moving to another position in the Limited Warranty book containing Association, an employee will move laterally to the Warranty Resolution Proceduressame step. Any secretary, and Approved Standards which are referred to herein as the “RWC Warranty Programclerk hired after June 30, 1989 will not benefit from lateral movement stipends from previous contracts.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. The Board shall carry out the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimcommitments contained herein and give them full force and effect as Board policy. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. B. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court agreement, or any application of competent jurisdiction this agreement to any employee or group of employees, is held to be unenforceablecontrary to law, that determination will then such provision or application shall not affect be deemed valid and subsisting, except to the validity of the remaining provisionsextent permitted by law. All other provisions or applications shall continue in full force and effect. 6C. Employees are assured no loss of constitutional and statutory rights in the area of individual personal freedom. Member acknowledges that RWC is an administrator Employees shall be entitled to all rights of citizenship and no religious or political activities of any person or the lack thereof shall be grounds for any discipline or discrimination with respect to the professional employment of such persons, provided these activities do not a warrantor violate any state or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwisefederal laws. 7. This Agreement shall D. Whenever any official, formal notice is required to be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees given by either of them as a result of Member’s violation the parties to this agreement to the other, pursuant to the provisions of this provision.agreement, either party shall do so by registered letter at the following addresses: 16. Member agrees 1 ) If by Association to maintain all terms the Board at Board of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇Education ▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇.▇. ▇▇▇▇▇▇▇▇▇ 2 ) If by the Board to the Association at VTEA President's home address E. A completed copy of the final agreement will be provided by the Board to each employee concerned by this agreement. In addition, ▇▇ ▇▇▇▇▇10 copies will be provided to the VTEA and a copy will be provided to each employee newly hired who is included in the terms and conditions of this agreement. F. It is agreed without reservation that any early release of paychecks, Western Pacific Mutual Insurance Companywhether a general release or a release at an individual request, is solely and exclusively a matter at the superintendent's discretion and with Board authority. This does not constitute nor will it ever claim to constitute, a Risk Retention Group (WPMIC)district practice nor is it subject to any complaint, with offices controversy, or grievance. G. The Board shall reimburse for private vehicle mileage at ▇▇▇▇ the rate applicable to all ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently RegisteredTownship School District employees. 1 ) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6Such reimbursement applies only to authorized travel on school business matters.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. A. The Board agrees at all times to maintain an adequate list of substitute teachers. Teachers shall be informed of a telephone number they may call before 7:00 a.m. to report unavailability for work. Notice of inability to report for work must be provided at least one (1) hour before their established start time. If Once a claim is made against Member or WPMIC concerning teacher has reported unavailability, it shall be the responsibility of the administration to arrange for a home, detached garage, commercial building or remodeling project covered substitute teacher. B. This Agreement shall supersede all previous policies adopted by the RWC Warranty ProgramBoard or past practices affecting the Association which are contrary to or inconsistent with its terms, Member shall, upon request, assign except as mutually agreed to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied by the Board and the Association through subsequent negotiations. All such previous policies adopted by the Board and all such past practices affecting the Association pursuant to this provision are no longer in connection with such claimeffect. 2. Whenever timely performance is called for hereunder, C. Copies of the time there for Agreement shall be extended to published on the extent performance is delayed by an event not caused by the conduct District website. A hard copy of the person obligated to perform. Such events include, but are not limited to, acts of God or R- PEA Master Agreement can be requested from the public enemy, war, riot, civil commotion or governmental conductHuman Resources Office (ESB). 3. D. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to either party shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges E. It is contemplated that RWC is an administrator and matters not a warrantor or insurer. Member agrees specifically covered by this Agreement but of common concern to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement the parties shall be interpreted and enforced in accordance with subject to professional negotiations between them from time to time during the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision period of this Agreement by mutual consent of both parties and only by mutual consent. The parties undertake to cooperate in arranging meetings, selecting representatives for such discussions, furnishing necessary information and otherwise constructively considering and resolving any such matters. F. In the event the Board finds it necessary to operate on a one-half day schedule, salary, hours, and terms are to be reopened to negotiations. G. Any material of a negative nature more than four (4) years old will be expunged from the teacher's file. The exception(s) will be behavior of a recurring nature or where removal of the material is prohibited under Section 1230b of the Revised School Code (or its successor provision). The teacher must request in writing the removal of said material. H. In the event that pupil instruction is not provided due to conditions not within the control of school authorities, (such as due to severe storms, fire, epidemics, or health conditions), teachers shall be excused from reporting to duty without loss of pay. Days and hours lost due to school closings under the above conditions shall not constitute a waiver of the provisionbe rescheduled, unless otherwise required to qualify for state aid. 12. Whenever appropriate, it is intended that I. Teachers will work added days and hours as required by the use Revised School Code and State School Aid Act and any changes during the duration of one gender herein includes all genders and the singular includes the pluralthis contract. 13. The effective date of this Agreement J. Each teacher who has used two (2) or fewer sick days during the previous school year shall be allowed one (1) day per school year for professional improvement. Such days may be used at the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, includingteacher's discretion for, but not limited toto such activities as: seminars, attorney fees by either workshops, in-services, educationally relevant visitations, etc. The activity attended must be in the State of them Michigan. This day must be used as a result of Member’s violation of this provisionfull day. Personal day guidelines are in effect here. Unused days may be accumulated for one (1) year only. 16K. An emergency manager appointed under the Local Financial Stability and Choice Act is authorized to reject, modify, or terminate this Agreement as provided in the Local Financial Stability and Choice Act, 2012 Public Act 436. Member This language was added due to statutory requirement. L. The Association hereby agrees to maintain all terms that no bargaining unit member shall engage in any strike, work stoppage or other withholding of the Membership Agreement services. The Association also agrees that neither it nor any of its officers or agents will call, initiate, authorize or participate in confidence and not to disclose any such terms to any person strike or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6work stoppage.

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a homeA. This Agreement shall constitute the full and complete commitments between both parties and may be altered, detached garagechanged, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited added to, acts of God deleted from, or modified only through the public enemyvoluntary, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding mutual consent of the parties in written and cansigned amendment to his Agreement. B. Any individual contract between the Board and an individual teacher heretofore executed shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. C. This Agreement supersedes and cancels all previous written agreements between the Board and the Association and constitutes the entire Agreement between the parties. Any amendment or Agreement supplemental hereto shall not be altered or amended binding upon either party unless executed in any way except writing by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between D. All teachers covered under this Agreement who participate in the parties involving this Agreementproduction of tapes, the substantially prevailing party publications, or other produced educational material shall retain residual rights should they be reimbursed for reasonable attorney and expert witness fees copyrighted or sold by the other party. Should District. E. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such a provision or application shall be deemed null and void except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision F. Copies of this Agreement shall not constitute a waiver entitled “Master Agreement between the Grand Ledge Board of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders Education and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇County Education Association” shall be printed by the Association within thirty (30) days after the Agreement is signed and presented to all teachers, ▇▇▇▇▇▇▇▇▇▇administrators, ▇▇ ▇▇▇▇▇and Board members. The Board shall pay one-half the cost of contract printing. G. The parties acknowledge that during the negotiations which resulted in this Agreement each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, Western Pacific Mutual Insurance Companythe Board and the Association for the life of this Agreement voluntarily and unqualifiedly waive the right, a Risk Retention Group (WPMIC)and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, with offices even though such subject or matter may not have been within the knowledge and contemplation of either or both of the parties at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇the time that they negotiated or signed this Agreement. Matters of common concern may be subject to negotiation during the period of this Agreement upon the request and mutual agreement of both parties. H. An emergency manager appointed under the Local Government and School District Fiscal Accountability Act is authorized to reject, ▇▇▇▇▇▇▇▇▇modify, ▇▇ ▇▇▇▇▇ or terminate this Agreement as provided in the Local Government and Company Name: indicate whether a corporationSchool District Fiscal Accountability Act, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 62011 Public Act 4.

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home20.1 This Agreement constitutes the JTC and Association policy for the term of said Agreement, detached garage, commercial building or remodeling project covered by and the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimJTC and Association shall carry out the commitments contained herein and give them full force and effect as the JTC and Association policy. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. 20.2 If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms any provisions of this Agreement or any application of this Agreement to any bus driver or group of bus drivers is held to be contrary to Law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by Law, but all other provisions or applications shall continue in full force and effect. 20.3 Any individual contract between the JTC and an individual bus driver, heretofore executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement, during its duration, shall be controlling. 20.4 The JTC and the Association agree that there shall be no discrimination, and that all practices, procedures and policies of the Limited Warrantyschool system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer, or discipline of bus drivers or in the application or administration of this Agreement on the basis of race, creed, color, religion, national origins, sex, age, domicile, or marital status. 420.5 Copies of this Agreement signed and duly executed shall be reproduced at the expense of the JTC within thirty (30) days after the agreement is signed. This Copies of the Agreement contains shall be presented to all bus drivers now employed, hereafter employed or considered for employment by the entire understanding JTC. 20.6 Whenever any notice is required to be given by either of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all to this Agreement to the other, pursuant to the provision(s) of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing either party shall be reimbursed for reasonable attorney and expert witness fees do so by letter at the following addresses: If by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC Board to the recipient at Association: President Hunterdon Central Bus Drivers Association Hunterdon Central High School Flemington, NJ 08822 If by the respective address shown hereon or Association to whatever other address the party may designate in writing. Member must inform RWC Board: Secretary Board of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriateEducation Hunterdon Central High School Flemington, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6NJ 08822

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. A. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be determined by contrary to law in a court of competent jurisdiction jurisdiction, then such provision or application shall be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. B. Any individual contract between the Board and the individual administrator, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement during its duration shall be controlling. Accordingly, each individual administrator contract shall reflect the terms of this provision. C. Whenever any notice is required to be unenforceable, that determination will not affect the validity given by either of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision parties of this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by telegram or certified letter at the following addresses: 1. If by Association, to Board, at Office of the Board Secretary, Hazlet, New Jersey. 2. If by Board, to Association, address is the home of its President. D. Administrators who are required to use their own automobiles in the performance of their duties shall be reimbursed for all such travel at the rate of: However, in the event that this contract is reopened for negotiations, the parties will consider a modification to this section. E. There shall be no reduction in the Administrative staff without prior consultation between the Superintendent of Schools and the Association. F. The Board shall give full support, including legal and other assistance, for any assault upon the administrator while acting in the discharge of his/her duties. G. When absence arises out of or from such assault or injury, the administrator shall be entitled to full salary and other benefits for the period of such absence but shall not constitute a waiver of the provisionforfeit any sick or personal leave. 12H. The Board shall reimburse administrators for the reasonable cost of any clothing or other personal property damage or destroyed as a result of an assault suffered by an administrator while the administrator was acting in the discharge of his/her duties within the scope of his employment. I. Proposals for curriculum changes can be initiated by professions of any level of responsibility. 1. Whenever appropriateBefore a proposal involving curriculum change is sent to the Superintendent, administrators affected by the change will review, modify, and approve the proposal. 2. If a disagreement between the people initiating the proposal and an administrator cannot be resolved, it is intended shall be referred to the Superintendent to render a final decision. J. The Board and the Association agree that the Board will pay Association's dues to one state and one national organization for each administrator in the group. K. Each bargaining unit member shall be provided access and use of one gender herein includes all genders and proper technology equipment during the singular includes term of their employment with the pluralDistrict. 13. The effective date L. Copies of this Agreement shall be the date of execution by RWCdistributed in electronic format. 14. M. All terms not defined herein employees shall have direct deposit and the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to District will maintain all terms of payroll information electronically. Employees will have the Membership Agreement in confidence and not ability to disclose access their information online at any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6time.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1A. The Board will be informed only through the Superintendent in any matter requiring its decision. If a claim Any employee or employee group should communicate through the proper channels of authority. When the matter requires Board action it shall be directed through proper channels to the Board of Education. B. It is made against Member or WPMIC concerning a homeagreed by both parties that the negotiations will be conducted without use of pressure tactics. The parties also agree, detached garageduring the period of negotiations, commercial building or remodeling project covered that the only publicity accorded the negotiations by the RWC Warranty Programparties will consist of a joint press release or, Member shallin the event the parties are unable to agree upon wording, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimjoint press release stating that "no progress has been made". 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. C. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms any provisions of this Agreement or any application of this Agreement to any employee or group of employees is held to be contrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and affect. D. Any individual contract between the Board and an individual employee, heretofore or hereafter executed shall be subject to and consistent with the terms and conditions of the Limited Warranty. 4this Agreement. This Agreement If an individual contract contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving language inconsistent with this Agreement, the substantially prevailing party this Agreement, during its duration, shall be reimbursed for reasonable attorney controlled. E. It is understood by all parties that under the ruling of the Courts of New Jersey and expert witness fees the State Commissioner of Education, the Board of Education is forbidden to waive any rights, responsibilities, obligations or powers granted it by law. F. There shall be no discrimination in practices and procedures of the other party. Should school system policies in hiring, training, assignments, promotions, transfer or discipline of employees on basis of race, creed, color, religion, national origin, sex, domicile, marital status, or any provision Association activities. G. Whenever any notice is required to be given by either party of this Agreement be determined by a court to the other, pursuant to the provisions of competent jurisdiction to be unenforceablethis Agreement, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement either party shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be do so in writing and sent with signed receipt of delivery, at the following addresses: 1. If by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC the Association to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at Board: ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 2. If by the Board to the Association: The school building where the President of the Association is assigned. H. There shall be no strikes, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual work stoppages or any other MEMBER: By By Proprietor/Spouse Date concerted activity designed to deprive the Employer of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the services of the employees.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person This agreement constitutes Board policy for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this said Agreement or and the terms of Board will carry out the Limited Warranty. 4commitments contained herein and give them full force and effect as Board policy. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement to any employee or group of employees is held to be contrary to this, then said provision or application shall not constitute a waiver be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. Any individual contract between the Board and an individual Principal, heretofore and hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If an individual contract contains any language inconsistent with this Agreement, this Agreement during its durations, shall be controlling and take precedence. The Board and the Association agree that all practices, procedures, and policies of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders school system and the singular includes Association shall clearly exemplify that there is not discrimination in the plural. 13hiring, training, assignment, promotion, transfer or discipline of Principals or in the application of administration of the Agreement on the basis of race, creed, color, religion, national origin, sex, domicile or marital status. The effective date Copies of this Agreement shall be printed by the date Association within thirty (30) days after the Agreement is signed and will be presented to all Principals not employed or hereafter employed by the Board. The Board will reimburse the Association fifty percent (50%) of execution the cost of printing. Whenever any notice is required to be given by RWC. 14either of the parties to this Agreement to the other, pursuant to the provision(s) of the Agreement, either party shall do so by certified mail or email with a confirmation receipt. If by Association to Board at: Administration Office 4207 Route 516 Matawan, NJ 07707 If by Board to the Association: Duly Elected President of the Old Bridge Township Administrator’s Association Corresponding School Address Principals who may be required to use their own automobile in the performance of their duties shall be reimbursed for all travel expenses in accordance with the requirements of N.J.S.A. 18A:11-12 and the travel regulations promulgated. All terms mileage reimbursement shall be at the rate established by the Office of Management and Budget (OMB). Principals shall have an annual professional organization allotment of 2014-2015 $300 2015-2016 $300 2016-2017 $300 This will include by not defined herein be limited to membership in NAESP and NASSP. Longevity – See Principal’s Salary Guide Domestic partners will be included for pension purposes only. Procedural Requirements: A complaint by any parent, student or other person that may influence the evaluation of a Principal shall be processed according to the following procedures. The Superintendent shall meet with the Principal to apprise the Principal of the full nature of the complaint. The Principal shall have the meanings ascribed right to put in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as writing a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms response to any person complaint inserted in his/her file. If the complaint is found to be false by the Superintendent or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANYhis/her representative, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6all records shall be removed from the Principal’s file.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 111.1 The parties agree that all negotiable items agreed upon will be in effect for the duration of the contract. If Before the Board adopts a claim change in policy which affects wages, hours, or any other condition of employment which is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project not covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement agreement and which has not been proposed by the Association, the Board will notify the Association in writing that it is considering such a change. The Association will have the right to negotiate such items with the Board, provided that it files such a request with the Board within five (5) calendar days after receipt of said notice. 11.2 This agreement shall supersede any rules, regulations, or practices of the Board which shall be contrary to or inconsistent with its terms. The provisions of this agreement shall be incorporated into and be considered part of the established policies of the Board. 11.3 Any individual arrangement, agreement, or contract between the Board and an individual teacher, heretofore executed, shall be subject to and consistent with the terms and conditions of this agreement and any individual arrangement, agreement, or contract hereafter executed shall be expressly made subject to and consistent with the terms of this or subsequent agreements to be executed by the Limited Warrantyparties. If an individual arrangement, agreement, or contract contains any language inconsistent with this agreement, this agreement, during its duration, shall be controlling. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should 11.4 If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity agreement or any application of the remaining provisionsagreement to any teacher or group of teachers shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other Provisions or applications shall continue in full force and effect. 6. Member acknowledges 11.5 Copies of this agreement shall be printed at the expense of the Board and given to all teachers now employed or hereafter employed by the Board within two weeks after its execution or employment if that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwiseoccurs later. 711.6 In the event that the institution of tenure is abolished by the legislature, the Board and the Association will negotiate a dismissal procedure for teachers who have completed a five-year probationary period. 11.7 All teachers will receive a copy of the negotiated contract and its subsequent amendments at the time of hiring. This Agreement Teachers will be notified at the beginning of each school year of the number of personal and sick leave days they have accumulated. 11.8 Mileage shall be interpreted and enforced in accordance with reimbursed at a rate of 1.5 cents below the laws of IRS's allowance for the state in which Member maintains its principal place of businesscalendar year. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a homeA. This agreement shall constitute the full and complete commitment between both parties and may be altered, detached garagechanged, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited added to, acts of God deleted from or modified only through the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding voluntary mutual consent of the parties in written and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties heretoamendments to this agreement. 5. Should legal action arise B. Any individual contract between the parties involving this AgreementBoard and an individual teacher, the substantially prevailing party heretofore executed, shall be reimbursed for reasonable attorney subject to and expert witness fees by consistent with the other partyterms and conditions of this agreement. Should If an individual contract contains any language inconsistent with this agreement, this agreement, during its duration shall be controlling. C. If any provision of this agreement or any application of the agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. D. Copies of this agreement titled "Collective Bargaining Master Agreement between the Lenawee County Education Association, AEA, MEA/NEA, and the Addison Community School District, of Addison, Michigan" shall be determined printed at the expense of the Board after this agreement is signed and shall be presented to all teachers now employed, or hereafter employed by a court of competent jurisdiction to be unenforceablethe Board. Further, that determination will not affect the validity Board shall furnish fifteen (15) copies of the remaining provisionsMaster Agreement to the Association for its use. 6E. The parties subscribe to the principle that early resolution of potential problems is most desirable for harmonious relations. Member acknowledges that RWC It is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney feestherefore agreed that, if Member should ever claim otherwisedifficulties are experienced in the administration of this agreement either the President of the Board, or his/her designee, or of the Association, as the case may be, may make written request of the other setting forth the nature of the difficulty and suggesting that they meet in an attempt to resolve the matter. Furthermore, the Superintendent, upon the request of a teacher(s) will meet with the requesting teacher(s) for the purpose of discussing specific identified issues. Failure to meet in response to such request shall not, however, be in itself a grievable item. 7. This Agreement shall be interpreted and enforced in accordance with F. During the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision life of this Agreement shall not constitute a waiver of either party may initiate discussions with the provisionother regarding an (ERI) Early Retirement Incentive. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1a. It is mutually agreed that Rapid City Dept of Fire and Emergency Services is and at all times shall be acting as an independent Contractor. If a claim is made against Member Transport Agency shall neither have nor exercise any control or WPMIC concerning a homedirection over the methods by which Rapid City Dept of Fire and Emergency Services and its employees shall perform their duties arising hereunder. b. All notices, detached garagerequests, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor demands or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of communications under this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent shall be deemed to have been duly given on the date of services if served personally on the party to whom notice is to be given, or the second day after mailing if mailed to the party to whom notice is to be given, by certified first class mail, registered or certified, postage prepaid, or other such form and properly addressed as follows: 1. If to Rapid City Dept of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC Fire and Emergency Services Rapid City Dept of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders Fire and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇Emergency Services ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number Rapid City, StateSD 57701 Attn: EMS Coordinator 2. If to Keystone: Keystone Ambulance Service Box 175 Keystone, Zip Signature Street Address Social Security Number CitySD 57751 Any party may change their address for the purposes of this Section by giving the other party written notice of the new address in the manner set forth above. c. This Agreement shall be governed by and construed in accordance with the laws of the State of South Dakota. d. This Agreement (including the Exhibits attachments thereto, Statewhich are incorporated herein by this reference) constitutes the entire agreement between the parties with respect to the subject matter hereof, Zip Signature Street Address Social Security Number Citysuperseding all prior oral and written agreements with respect thereto, Stateand no amendment shall be valid unless it is documented in a written instrument duly executed by the party or parties making such amendment. e. Nothing in this Agreement shall be construed to confer upon any person, Zip Signature Street Address Social Security Number Cityany remedy or claim as third-party beneficiaries or otherwise. f. Each individual executing this Agreement on behalf of any entity, State, Zip Signature Street Address Social Security Number City, State, Zip page 6which is a party to this Agreement represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of said entity. This Agreement may be signed in counterparts.

Appears in 1 contract

Sources: Agreement for Paramedic Intercept Services

Miscellaneous Provisions. 1A. This Agreement will be binding on and inure to the benefit of the Parties and their respective heirs, personal representatives, successors, and permitted assigns. B. Neither this Agreement nor any of the rights, interests, or obligations under this Agreement may be assigned by any Party without the prior written consent of the other Party. If Any assignment without the non-assigning Party’s written consent is voidable at non-assigning Party’s option. C. This Agreement is not intended nor will it be construed as creating a claim is made against Member or WPMIC concerning a homejoint venture, detached garagepartnership, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed form of business association between the Parties, nor an obligation to buy or materials supplied in connection with such claimsee products using or incorporation the Confidential Information. 2. Whenever timely performance is called for hereunderD. The failure of either Party to enforce any right or remedy under this Agreement will not result in a waiver of that, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events includeor any other, but are not limited to, acts of God right or the public enemy, war, riot, civil commotion or governmental conductremedy. 3E. If any term or provision in this Agreement is held invalid, unenforceable, or illegal, then such provisions will be modified to reflect the Parties’ intention. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms All remaining provisions of this Agreement or will remain in full force and effect. F. The Parties acknowledge that money damages may not be sufficient compensations for breach of this Agreement. The Parties agree that the terms other may seek court orders to stop Confidential Information from becoming public in breach of the Limited WarrantyAgreement. 4. G. This Agreement contains may be amended only by an instrument in writing executed by both Parties. H. Any dispute or claim that arises out of or that relates to this Agreement will be resolved by arbitration in accordance with the entire understanding then effective arbitration rules of the parties and cannot Arbitration Service of Portland, Inc. An award of arbitration may be altered or amended confirmed in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction jurisdiction. Either Party may propose mediation whenever appropriate through a mediation process or mediator as the Parties may agree. I. This Agreement constitutes the entire agreement and understanding of the Parties with respect to be unenforceablethe subject matter of this Agreement and supersedes all prior understandings and agreements, that determination whether written or oral, among the Parties with respect to such subject matter. J. This Agreement will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator be governed by and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced contracted in accordance with the laws of the state of Oregon, without regard to conflict-of-laws principles. The Parties consent to the jurisdiction of the state and federal courts located in which Member maintains its principal place of businessMultnomah County, Oregon. 8. K. This Agreement is not assignable by Member without the prior written consent intended nor will it be construed as transferring any rights or title of RWCownership of Confidential Information to Cadeo. 9L. The prevailing party of any dispute or claim that arises out of or that relates to this Agreement will be entitled to reasonable attorney fees. M. Cadeo shall give prompt notice to Company of any order or requirement to disclose Confidential Information including subpoenas, notices to produce, information submissions, or fillings required by government agencies. This Agreement is binding Cadeo shall seek the highest protection available before disclosing Confidential Information under this section. To evidence the parties’ agreement to this Agreement, that have executed and delivered it on the partiesdate below. CADEO GROUP, their heirs, executors, administrators, successors and assigns.LLC [MANUFACTURER CO NAME] Address for Notices: Address for Notices: 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver I. Description of the provision. 12. Whenever appropriate, it is intended project/contract that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall Confidential Information will be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6used for:

Appears in 1 contract

Sources: Nondisclosure Agreement

Miscellaneous Provisions. 1A. Employees shall be informed of a telephone number they may call at approximately 7:00 a.m. to report unavailability for work. If Once an employee has reported unavailability, it shall be the responsibility of the Superintendent to arrange for a claim is made against Member substitute. B. No polygraph or WPMIC concerning a home, detached garage, commercial building or remodeling project covered lie detector device shall be used in any investigation of any employee by the RWC Warranty Program, Member shall, upon request, assign Board unless agreed to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimby both parties. 2. Whenever timely performance is called for hereunderC. This Agreement shall supersede any rules, regulations or practices of the time there for Board, which shall be extended contrary to the extent performance is delayed by an event not caused by the conduct of the person obligated to performor inconsistent with its terms. Such events include, but are not limited to, acts of God It shall likewise supersede any contrary or the public enemy, war, riot, civil commotion or governmental conduct. 3inconsistent terms contained in any individual employment contracts heretofore in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project All future individual employment contracts shall be considered separate and apart from and cannot affect made expressly subject to the terms of this Agreement. The provisions of this Agreement or the terms shall be incorporated into and be considered part of the Limited Warrantyestablished policies of the Board. 4. This D. Copies of this Agreement contains shall be printed at the entire understanding expense of the parties Board and cannot be altered presented to all employees now employed or amended in any way except hereinafter employed by a formal written instrument signed by all of the parties heretoBoard. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should E. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator F. Minutes, information of Board meetings and not a warrantor or insurer. Member agrees other information presented and available to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwisethe Board shall be available to the Staff at the same time the Board receives copies. 7G. Payday shall be every two weeks. Paychecks will be dated and received on the last working day before a holiday break. Prior to the last payday before the close of school in June, employees may request their remaining pay. The remaining pay shall be included in the last paycheck before the close of school. H. Mail shall be delivered to the respective employees without unreasonable delay. I. This Agreement shall constitute the full and complete commitments between both parties, and may be interpreted and enforced in accordance with altered, changed, added to, deleted from, or modified only through the laws voluntary, mutual consent of the state parties in which Member maintains its principal place of businessa written and signed amendment to this Agreement. 8. This Agreement A. If the secretary holds a Bachelors Degree and is not assignable by Member without certified to substitute as a classroom teacher, as well as have the prior written consent of RWC. 9. This Agreement is binding on ability to handle the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC financial responsibilities relating to the recipient at collection of lunch funds, as well as the respective address shown hereon or knowledge necessary to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance deal with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriateSRSD, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution ProceduresCEPI, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇as well as other duties and skills necessary to communicate records and data with the ISD and the State of Michigan and any other duties that may arise as directed by the superintendent, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution the pay for the secretary will be increased by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) $1.00 per hour on the Schedule A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6Salary Schedule.

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. 1A. The Board and the Association agree that there shall be no discrimination and that all practices, procedures, and policies of the school system shall clearly exemplify that there is no discrimination in the hiring, training, assignments, promotion, transfer, or disciplines of Negotiations Unit Members or in the application or administration of the Agreement on the basis of race, color, creed, religion, national origin, sex, domicile, marital status, or age. If a claim is made against Member No grievance pertaining to discrimination in the hiring, training, assignments, promotion or WPMIC concerning a hometransfer, detached garageor discipline of Negotiation Unit Members may be submitted to binding arbitration; such grievance, commercial building if not resolved at the Board level, may be submitted to the appropriate forum such as the Division of Civil Rights, Commissioner of Education, or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimCourts. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. B. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement or any application of this Agreement to any employee or group of employees is held contrary to law, then such provisions or applications shall not be determined deemed valid and subsisting, except to the extent permitted by a court of competent jurisdiction to be unenforceablelaw; but all other provisions, that determination will not affect the validity or applications shall continue in full force or effect. C. Terms and conditions of the remaining provisionsmaster Agreement shall take precedence and control over any individual contract made with any NUM. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision D. Copies of this Agreement shall not constitute a waiver be printed at the joint expense of the provisionBoard and the Association after agreement on format within thirty (30) days after the agreement is signed. The agreement shall be presented to all NUMs now employed, hereafter employed, or considered for employment by the Board. 12. Whenever appropriateE. Except as the Agreement shall otherwise provide, it is intended that all terms and conditions of this employment applicable on the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement to employees covered by this agreement as established by the administrative procedures and practices in force on said date shall continue to be so applicable during the terms of this agreement. F. The Board will provide titles with job descriptions for new and reclassified positions. Also, anyone who has a position change shall be notified in writing by a designee of the date of execution by RWCboard. 14. All terms not defined herein shall have the meanings ascribed G. When moving to another position in the Limited Warranty book containing Association, an employee will move laterally to the Warranty Resolution Proceduressame step. Any secretary or clerk hired after June 30, and Approved Standards which are referred to herein as the “RWC Warranty Program1989, will not benefit from lateral movement stipends from previous contracts.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by A. The Board and the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimAssociation shall carry out the commitments contained herein during the term of this Agreement. 2B. The Orange Education Association recognizes its unique and favorable role as a professional organization and its responsibility to promote, enhance or otherwise encourage high standards of professional conduct, performance or attainment among its membership. Whenever timely performance is called for hereunderTowards this end, the time there for shall be extended Association pledges to the extent performance is delayed by an event not caused by the diligently encourage excellence in professional conduct of the person obligated among its members, taking whatever steps are necessary as a professional body to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conducteffect these aims. 3. C. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court or any application of competent jurisdiction this Agreement to any employee or group of employees is held to be unenforceablecontrary to law, then such provision or application shall be deemed invalid and subsisting except to the extent permitted by law, and all other provisions or applications shall continue in full force and effect. D. The Board and the Association agree that determination will not affect the validity there shall be no discrimination, and that all practices, procedures, and policies of the remaining provisionsschool system shall clearly exemplify that there is no discrimination in the hiring, training, assignment, promotion, transfer or discipline of employees on the basis of race, creed, color, religion, national origin, sex, domicile, or marital status. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This E. Copies of the Agreement shall be interpreted and enforced in accordance with printed at the laws expense of the state in which Member maintains its principal place of businessBoard within thirty (30) days after the Agreement is signed and shall be presented to all members now employed, hereafter employed or considered for employment by the Board. 8. This Agreement F. Whenever any notice is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must to be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees given by either of them as a result of Member’s violation the parties to this Agreement to the other, pursuant to the provision(s) of this provision.Agreement, either party shall do so by telegram or registered letter at the following address: 161. Member agrees If by Association, to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices Board at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ 2. If by Board, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices to Association at ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇▇▇▇▇ G. This Agreement represents the full understanding of the parties and Company Name: indicate whether a corporationshall not be modified except in writing, partnershipduly signed by both parties. H. Personnel required to use their automobiles in the performance of their duties shall be reimbursed at the IRS as approved by the Board upon recommendation of the Superintendent. I. Compliance between Individual Contract and Master Agreement Any individual contract between the Board and individual employee, heretofore or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. If any individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANYcontract contains any language inconsistent with this Agreement, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number Citythis Agreement, Stateduring its duration, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6shall be controlling.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If A. This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from or modified only through the voluntary mutual consent of both parties in a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign written and signed amendment to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimthis Agreement. 2. Whenever timely performance is called for hereunderB. The parties acknowledge that, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended during negotiations which resulted in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, each had and fully exercised the substantially prevailing party shall be reimbursed for reasonable attorney right and expert witness fees by opportunity to make demands and proposals with respect to any subject or matter. Therefore, the Board and Association each agree that the other party. Should shall not be obligated to bargain on any subject for the duration of this Agreement. C. If any provision of this Agreement or any application of the Agreement to any Employee or group of Employees should be determined found contrary to law by a court of competent jurisdiction to jurisdiction, then such provision or application shall be unenforceablenull and void but all other provisions or applications shall continue in full force and effect. D. This Agreement shall supersede any rules, that determination will not affect the validity regulations or practices of the remaining Board which shall be contrary to or inconsistent with its terms. It shall likewise supersede any contrary or inconsistent terms contained in any individual Employee contracts heretofore in effect. E. If a change in law or any implementation of law leads to a conflict in the implementation of the contract as written, the parties shall renegotiate affected provisions. 6. Member acknowledges that RWC F. In the event a Constituent District takes over a program or service which is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable being operated by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇, the following procedures will apply: 1. If the individual currently functioning in that position is non-probationary, they will be given the first choice to stay in that position. If the Employee elects to stay in that position, they will be voluntarily laid off. 2. Should the Employee not elect to stay in the position but prefer to remain in the employ of ▇▇▇▇, procedures identified under Article 11, Reduction and Recall will be followed. 3. Michigan law will be invoked under such conditions entitling the laid-off to those legal rights established by applicable Michigan law. ▇. ▇▇ emergency manager appointed under the Local Financial Stability and Choice Act, MCL 141.541 et seq. may reject, modify, or terminate this Agreement as provided in that Act. Appendix A – Wage Schedules A. The Board and the Union shall meet in May of 2020 and 2021 for the purpose of negotiating the wage schedule for future years. B. 2019 - 2020 Wage Schedule: Step RN ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇ ▇ ▇▇▇▇▇ 5 1 45,840 42,222 43,896 45,756 47,430 49,476 2 47,941 44,268 46,128 47,802 49,848 51,708 3 50,042 46,500 48,174 50,220 52,080 54,312 4 52,334 48,546 50,592 52,638 54,684 56,730 5 54,626 50,964 53,010 55,056 57,288 59,520 6 57,109 53,382 55,428 57,660 59,892 62,310 7 59,783 55,986 58,218 60,450 60,822 65,286 8 62,839 58,962 60,822 63,240 65,844 68,448 9 65,513 61,566 63,798 66,402 69,006 71,796 10 - - 67,332 69,564 72,354 75,144 11 - - 70,308 72,912 75,702 78,678 12 - - - 76,818 79,980 83,142 13 - - - 80,166 83,514 86,676 The Board shall convene a special conference once each district has ratified their teacher labor agreement, but no later than October 31, to review the comparability of wages and longevity for the BA, MA and MA +30 wage scales to the Brighton, Fowlerville, Hartland, ▇▇▇▇▇▇, ▇ & ▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ Districts and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietorshall re-open the wage scale for any comparable step/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6scale that ranks lower than 3rd amongst the six organizations. Wage Schedule Notes

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1A. This Agreement shall supersede any rules, regulations, or practices or inconsistent terms contained in any individual contract in effect. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for All future individual teacher contracts shall be extended made expressly subject to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited WarrantyAgreement. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should B. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity or any application of the remaining provisionsAgreement to any employee or group of employees shall be found contrary to law, then such provisions or application shall not be deemed valid and subsisting except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator C. In grades K-12, there will be two (2) parent-teacher conference periods established, in which any parents may participate, but in which all parents of students failed or recommended for retention by the teacher must be contacted and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, conference scheduled if Member should ever claim otherwisepossible. 7D. Fall conferences will be held during one (I) afternoon and two (2) evenings and will be scheduled according to the negotiated District calendar. This Spring conferences will be held during one (I) afternoon and two (2) evenings. Y5- l 2 shall receive one (1) one half (1/2) day of release time in the spring in exchange for attending the scheduled parent-teacher conferences. E. Staff meetings (grades Y5-12) shall not be scheduled on Records Day unless by mutual agreement. The provisions of this Agreement and the wages, hours, terms, and conditions of employment described herein shall be interpreted and enforced applied without regard to race, religion, color, disability, national origin, age, sex, marital status, or membership in accordance or association with the laws activities of any employee organization. F. Teachers shall wear appropriate professional attire while on duty and working for the District. G. An emergency financial manager appointed under the Local Financial Stability and Choice Act, shall have the authority to reject, modify, or terminate the Agreement as provided in that Act. H. The Association hereby agrees that no bargaining unit member shall engage in any strike, work stoppage, or any other withholding of services. The Association also agrees that neither it nor any of its officers nor agents will call, initiate, or participate in any strike or work stoppage or withholding of services. I. For tenured teachers, consistent with the Teachers’ Tenure Act, the parties subscribe to the concept of progressive discipline as required by law. Disciplinary measures should include remedial training where appropriate. The district reserves the right to apply a disciplinary measure consistent with the severity of the state in which Member maintains its principal place of business. 8infraction. This Agreement is Probationary teachers cannot assignable by Member without the prior written consent of RWC. 9grieve discipline. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must Discipline will be in writing and sent by certified mailplace in an individual’s personnel file. J. Any specific complaint, postage prepaidwhich warrant investigation, or other such form of notice deemed acceptable by RWC toward a teacher shall be called to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders teacher’s attention and the singular includes complainant identified and the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15complaint specified. This Agreement term does not create an agency. Member is not an agent apply to the disclosure of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provisionstudent identity. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim A. The Board and the Association agree that there shall be no discrimination, and that all practices, procedures, and policies of the school system shall clearly exemplify that there is made against Member no discrimination in the hiring, training, assignment, promotion, transfer, or WPMIC concerning a homediscipline or in the application or administration of this Agreement on the basis of race, detached garagecreed, commercial building color, religion, national origin, sex, domicile, marital status, political activities or remodeling project association activities. B. Except as this Agreement shall otherwise provide, all terms and conditions of employment applicable on the effective date of this Agreement to employees covered by this Agreement as established by the RWC Warranty Programrules, Member shallregulations and/or policies of the Board in force on said date shall continue to be so applicable during the term of this Agreement. Unless otherwise provided in this Agreement, upon requestnothing contained herein shall be interpreted and/or applied so as to eliminate, assign reduce or otherwise detract from any teacher benefit existing prior to WPMIC any rights which its effective date. C. This Agreement incorporates the total understanding of both parties to these negotiations. D. The Association recognizes that the Board has the responsibility and authority to manage and direct on behalf of the public all the operations and activities of the school district to the full extent authorized by law. The exercise of these powers, rights, authority, duties, and responsibilities by the Board and the adoption of such rules, regulations and policies as it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for deem necessary shall be extended to the extent performance is delayed by an event not caused limited only by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate specific and apart from and cannot affect the express terms of this Agreement or the terms of the Limited WarrantyAgreement. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should E. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement to any teacher or group of teachers is held to be contrary to law, then such provision or application shall not constitute a waiver of be deemed valid and subsisting, except to the provisionextent permitted by law, but all other provisions or applications shall continue in full force and effect. 12F. Any individual contract between the Board and an individual teacher, thereto or hereafter executed, shall be subject to and consistent with the terms and conditions of this Agreement. Whenever appropriateIf any individual contract contains any language inconsistent with this Agreement, it is intended that the use of one gender herein includes all genders and the singular includes the pluralthis Agreement, throughout its duration, shall be controlling. 13. The effective date G. Copies of this Agreement shall be reproduced at the date expense of execution by RWCthe Board after agreement with the Association on format within forty-five (45) days after the Agreement is signed. The Agreement shall be presented to all teachers now employed, and hereafter employed. 14. All terms H. The Board and the Association agree that the final decision making authority in respect to the selection or rejection, implementation or abandonment, scope or intensity of any educational structure, change or innovation must necessarily be in a single body and that the Board by statutory mandate has been charged with such responsibility that should not defined herein shall have be delegated, except as limited by this Agreement and Chapter 303 of the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred New Jersey Statutes. I. Whenever any notice is required to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees be given by either of them as a result of Member’s violation the parties to this Agreement to the other, pursuant to the provisions of this provision.Agreement, either party shall do so by telegram or registered letter at the following addresses: 161. Member agrees If by Association to maintain all terms the Board at: President, Woodcliff Lake Board of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at Education Dorchester School ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ 2. If by the Board to the Association at: President, Woodcliff Lake Education Association Woodcliff School ▇▇▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6▇▇▇▇▇

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. A. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement or any application of this Agreement to any employee or group of employees is held to be determined by contrary to law in a court of competent jurisdiction jurisdiction, then such provision or application shall be deemed valid and subsisting, except to be unenforceablethe extent permitted by law, that determination will not affect the validity of the remaining provisionsbut all other provisions or applications shall continue in full force and effect. 6. Member acknowledges that RWC is an administrator B. Any individual contract between the Board and not a warrantor the individual administrator, heretofore or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expensehereafter executed, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted subject to and enforced in accordance consistent with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors terms and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision conditions of this Agreement shall not constitute a waiver of the provision. 12Agreement. Whenever appropriateIf an individual contract contains any language inconsistent with this Agreement, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement during its duration shall be controlling. Accordingly, each individual administrator contract shall reflect the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees C. Whenever any notice is required to maintain all terms be given by either of the Membership parties of this Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so by telegram or certified letter at the following addresses: 1. If by Association, to Board, at Office of the Board Secretary, Hazlet, New Jersey. 2. If by Board, to Association, address is the home of its President. D. Administrators who are required to use their own automobiles in confidence the performance of their duties shall be reimbursed for all such travel at the rate of: However, in the event that this contract is reopened for negotiations, the parties will consider a modification to this section. E. There shall be no reduction in the Administrative staff without prior consultation between the Superintendent of Schools and the Association. F. The Board shall give full support, including legal and other assistance, for any assault upon the administrator while acting in the discharge of his/her duties. G. When absence arises out of or from such assault or injury, the administrator shall be entitled to full salary and other benefits for the period of such absence but shall not to disclose forfeit any such terms to sick or personal leave. H. The Board shall reimburse administrators for the reasonable cost of any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual clothing or other MEMBER: By By Proprietorpersonal property damage or destroyed as a result of an assault suffered by an administrator while the administrator was acting in the discharge of his/Spouse Date her duties within the scope of Execution his employment. I. Proposals for curriculum changes can be initiated by RWC RWC Registration Number (professions of any level of responsibility. 1. Before a proposal involving curriculum change is sent to the Superintendent, administrators affected by the change will review, modify, and approve the proposal. 2. If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANYa disagreement between the people initiating the proposal and an administrator cannot be resolved, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6it shall be referred to the Superintendent to render a final decision. J. The Board and the Association agree that the Board will pay Association's dues to one state and one national organization for each administrator in the group. K. Each bargaining unit member shall be provided access and use of a laptop computer during the term of their employment with the District.

Appears in 1 contract

Sources: Contract Agreement

Miscellaneous Provisions. 1Section 1 The Board shall attempt to maintain an adequate list of substitute teachers. If Once a claim is made against Member teacher has reported unavailability, it shall be the responsibility of the Administration to arrange for a substitute teacher. Section 2 Copies of this Agreement shall be reproduced at the expense of the Board and shall be presented to all teachers now or WPMIC concerning a home, detached garage, commercial building or remodeling project covered hereafter employed by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimBoard. 2Section 3 The Board will continue to permit teachers to use telephones for professional calls and brief personal calls. Whenever timely performance is called for hereunderToll calls, however, must receive prior approval from the time there for appropriate administrator. These calls must be made during preparation, break time, before or after school hours. Section 4 This Agreement shall constitute the full and complete commitments between both parties and may be altered, changed, added to, deleted from, or modified only through the voluntary, mutual consent of the parties in a written and signed amendment to this Agreement. Section 5 Any individual contract between the Board and an individual teacher heretofore executed shall be extended subject to and consistent with the extent performance is delayed by an event not caused by the conduct terms and conditions of the person obligated to perform. Such events includethis Agreement, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project and any individual contract hereafter executed shall be considered separate expressly made subject to and apart from and cannot affect consistent with the terms of this Agreement or subsequent Agreements to be executed by the terms of the Limited Warranty. 4parties. This Agreement If an individual contract contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving language inconsistent with this Agreement, the substantially prevailing party during its duration, this agreement shall be reimbursed for reasonable attorney controlling. Section 6 This Agreement shall supersede any rules, regulations, or practices of the Board which shall be contrary to or inconsistent with its terms. The provisions of this Agreement shall be incorporated into and expert witness fees by be considered part of the other party. Should established policies of the Board. Section 7 If any provision of this Agreement or any application of this Agreement to any teacher or group of teachers shall be determined found contrary to state or federal law, such provision or application shall not be deemed valid and subsisting except to the extent permitted by a court law; but all other provisions or applications shall continue in full force and effect. Section 8 In the event that the Berkley School District should be involuntarily or voluntarily annexed through action taken by judicial bodies (courts) or administrative bodies (State Board of competent jurisdiction to be unenforceableEducation, that determination will not affect the validity Intermediate School District) or consolidated with another district(s), teachers of the remaining provisions. 6Berkley Public Schools shall maintain seniority rights, tenure status, or probationary status as well as other employment rights as have been provided prior to any annexation or consolidation. Member acknowledges that RWC is an administrator and not a warrantor Any annexation or insurer. Member agrees to indemnify RWC and hold it harmless from consolidation through action taken by courts or any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws administrative body of the state in which Member maintains its principal place State of business. 8. This Agreement is Michigan or the electorate shall not assignable by Member without cause a member of the prior written consent of RWC. 9. This Agreement is binding on the partiesbargaining unit to lose or diminish leave rights, their heirssalary, executorssalary status, administratorsfringe benefits, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaidemployment rights, or other such form of notice deemed acceptable rights provided by RWC to this contractual Agreement or rights provided by the recipient at the respective address shown hereon statutes or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver constitutions of the provisionState of Michigan or the United States. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member A. The parties agree that this Contract incorporates their full and complete understandings and that any prior oral or WPMIC concerning a home, detached garage, commercial building written agreement(s) or remodeling project covered practices are superseded by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement Agreement. The parties further agree that no such oral or written understandings or practices will be recognized in the future unless committed to writing and signed by the parties as a supplement to this Agreement. B. Any individual contract between the Board and an individual Bargaining Unit Member heretofore executed shall be subject to and consistent with the terms and conditions of this Agreement. Any individual contract hereafter executed shall be in the Limited Warranty. 4form provided in Appendixes D and E and will not be changed prior to the parties good faith negotiations. This Agreement contains the entire understanding shall be controlling. C. This Agreement shall supersede any rules, regulations, or practices of the parties and cannot Board which shall be altered contrary to or amended in any way except by a formal written instrument signed by all of the parties heretoinconsistent with its terms. 5. Should legal action arise between D. All Bargaining Unit Members covered under this Agreement who participate in the parties involving this Agreementproduction of tapes, the substantially prevailing party publications, or other produced educational material shall retain residual rights should they be reimbursed for reasonable attorney and expert witness fees copyrighted or sold by the other party. Should District, unless they are specifically paid for such a project. E. If any provision of this Agreement or any application of the Agreement to any Bargaining Unit Member or group of Bargaining Unit Members shall be determined found contrary to law, then such provision or application shall not be deemed valid and subsisting except to the extent permitted by a court of competent jurisdiction law, but all other provisions or applications shall continue in full force and effect. F. The Association agrees to type the Agreement, with copies to be unenforceable, that determination made and distributed by the Employer within thirty (30) days after the Agreement is signed. Copies will not affect be given to all employed Bargaining Unit Members. The copy shall be proofread and approved by the validity of the remaining provisionsparties prior to signing and printing. 6. Member acknowledges that RWC is an administrator G. All COOR Bargaining Unit Members shall complete and not return a warrantor or insurer. Member agrees monthly travel and expense form to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwisethe COOR office. 7H. Bargaining Unit Members who will be absent from work shall call the COOR office, 275-9555 unless otherwise instructed, prior to 7:30 A.M. in order that their absence may be reported to the school to which they are assigned for that particular day. This Agreement In the case of extenuating circumstances, the Superintendent or designee may be called prior to this time. Bargaining Unit Members assigned to a local educational agency shall follow their local educational agency call-in procedures. A current schedule shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient file at the respective address shown hereon or to whatever other address the party may designate in writingCOOR office so that it be known precisely where Bargaining Unit Members are at all times. Member must inform RWC of If for any reason there is any change in address in writingschedule, the COOR office will be notified of such changes. 11. Failure I. All COOR itinerant Bargaining Unit Members shall keep an accurate daily log of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provisiontheir activities. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. 1. A. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court or any application of competent jurisdiction this Agreement to any employee or group of employees is held to be unenforceablecontrary to law, then such provision or application shall not be deemed valid and subsisting, except to the extent permitted by law, but all other provisions or applications shall continue in full force and effect. B. The Association recognizes that determination will the Board may not affect by agreement delegate authority and responsibility which by law are imposed upon and lodged with the validity Board. It is understood by all parties that, under the rulings of the remaining courts of New Jersey and the State Commissioner of Education, the Board is forbidden to waive any rights or powers granted by law. C. The Board agrees to make available to members of the Unit an opportunity to join a Tax-Sheltered Annuity Program. D. The Board agrees to make Salary Savings Deduction Plans available to members of the unit. E. It is understood that employees shall continue to serve under the direction of the Superintendent of Schools and in accordance with the Board and administrative policies, rules, and regulations including those set forth in the Board-approved Building Regulations Manual, provided that the provisions of this agreement shall supersede and prevail over any conflicting provisions. 6F. This agreement incorporates the entire understanding or the parties on all matters which were or could have been the subject of negotiation. Member acknowledges that RWC is an administrator During the term of this Agreement neither party shall be required to negotiate with respect to any such matter whether or not covered by the Agreement and whether or not a warrantor within the knowledge or insurer. Member agrees to indemnify RWC and hold it harmless from any loss contemplation of either or expense, including attorney fees, if Member should ever claim otherwise. 7both of the parties at the time they negotiated or executed this Agreement. This Agreement shall not be interpreted and enforced modified in accordance with whole or in part by the laws of the state parties except by an instrument in which Member maintains its principal place of businesswriting duly executed by both parties. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date G. Copies of this Agreement shall be reproduced at the date expense of execution by RWC. 14the Board and the Association within thirty (30) days after the Agreement is signed and presented to all employees now employed and hereafter employed. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred Whenever any notice is required to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees be given by either of them as a result of Member’s violation the parties or this Agreement to the other, pursuant to the provision(s) of this provisionAgreement, either party shall do so by telegram or registered letter at the following addresses: 1. If by Association, to the Board at the offices of the Superintendent of Schools. 162. Member agrees If by Board, to maintain all terms Association at the school address of the Membership Agreement in confidence Association President (summer address during July and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWCAugust.), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. A. The Board will be informed only through the Superintendent in any matter requiring its decision. Any employee or employee group should communicate through the proper channels of authority. When the matter requires Board action it shall be directed through proper channels to the Board of Education. B. It is agreed by both parties that the negotiations will be conducted without the use of pressure tactics. The parties also agree, during the period of negotiations, that the only publicity accorded the negotiations by the parties will consist of a joint press release or, in the event the parties are unable to agree upon wording, a joint press release stating that "no progress has been made". C. It is understood by all parties that under the ruling of the Court of New Jersey and the State Commissioner of Education, the Board of Education is forbidden to waive any rights or powers granted it by law. D. The parties agree to follow the procedures outlined in the Agreement, and to use no other channels to resolve any question or proposal until the procedures within this Agreement are fully exhausted. E. Terms of contract of non-tenure personnel are negotiable only between the individual and the Board. F. There shall be no discrimination in practices and procedures of the school system policies in hiring, training assignments, promotions, transfer or discipline of employees on the basis of race, creed, color, religion, national origin, sex, domicile, marital status, or Association activities. G. Whenever any notice is required to be given by either party of the Agreement to the other, pursuant to the provisions of this Agreement, either party shall do so in writing with signed receipt of delivery, at the following addresses: 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty ProgramAssociation to the Board - Deptford Township Board of Education Administrative Building 2022 Good Intent Road Deptford, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claim.NJ 08096 2. Whenever timely performance is called for hereunder, If by the time there for shall be extended Board to the extent performance is delayed by an event not caused by Association- The school building where the conduct President of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductAssociation is assigned. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If A. This Agreement shall constitute the full and complete commitments between the parties and may be altered, changed, added to, deleted from, or modified only through the voluntary, mutual consent of the parties in a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign written and signed amendment to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimthis Agreement. 2. Whenever timely performance is called for hereunderB. Any individual contract between the Board and an individual teacher, the time there for heretofore executed, shall be extended subject to and consistent with the extent performance is delayed by an event not caused by the conduct terms and conditions of the person obligated to performthis Agreement. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project Any individual contract hereafter executed shall be considered separate expressly made subject to and apart from and cannot affect consistent with the terms of this Agreement or subsequent agreements to be executed by the terms of the Limited Warranty. 4parties. This Agreement If an individual contract contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving language inconsistent with this Agreement, the substantially prevailing party this Agreement, during its duration, shall be reimbursed for reasonable attorney controlling. C. This Agreement shall supersede any rules, regulations, or practices of the Board which shall be contrary to or inconsistent with its terms. The provisions of this Agreement shall be incorporated into and expert witness fees by be considered part of the other party. Should established policies of the Board. D. If any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision application of this Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not constitute a waiver of be deemed valid and subsisting except to the provisionextent permitted by law, but all other provisions or applications shall continue in full force and effect. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date E. Copies of this Agreement shall be printed at the date expense of execution the Board and presented to all teachers now employed, hereafter employed, or considered for employment by RWCthe Board. 14F. Teachers who, from time to time, may be required to use their personal vehicle will be reimbursed at the current allowed tax deductible IRS rate per mile, unless a school vehicle is used. G. The Board will pay for required fingerprinting as required for employment with the Bad Axe Public Schools. All terms not defined herein The board will choose the fingerprinting provider. H. The Board, only upon receipt of said charges and request for termination, shall have conduct a due process hearing on said charges and, to the meanings ascribed extent that said teacher is protected by the provisions of the Michigan Tenure of Teachers Act, all proceedings shall be in accordance with said Act. In the event of compliance at any time prior to discharge, charges may be withdrawn. The Association, in the Limited Warranty book containing the Warranty Resolution Proceduresprocessing of charges, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms discriminate between various persons who may have refused to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6pay the Professional Dues and/or Service Fee.

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. 1. If a claim is made against Member 6.1 This Agreement supersedes all previous tax allocation agreements among the Common Parent and the members of the Group and other federal income tax allocation agreements or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by arrangements among the RWC Warranty Program, Member shall, upon request, assign parties to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claimthis Agreement. 2. Whenever timely performance 6.2 It is called for hereunderunderstood and acknowledged that, the time there for shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties hereto. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with Treasury regulation section 1.1502-77, the laws Common Parent will be the agent for all members of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member Group with respect to all matters referred to therein and the Common Parent has the power, without the prior written consent of RWC. 9any member, to exercise the authority with respect to the matters set forth therein, including without limitation, making or revoking any elections. This Any notice, demand, request or report required or permitted to be given or made to any party under this Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must shall be in writing and shall be deemed given or made when hand-delivered or when sent by certified mail, postage prepaid, first class mail or by other such form commercially reasonable means of notice deemed acceptable written communication (including delivery by RWC an internationally recognized courier service or by facsimile transmission) to the recipient party at the respective party's address shown hereon or as follows: If to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at Common Parent: Tax Department EFH Corporate Services Company ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ Dallas, TX 75201 If to any other member: Tax Department EFH Corporate Services Company ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇Dallas, ▇▇▇▇▇▇▇▇▇Texas 75201 A party may change the address for receiving notices under this Agreement by providing written notice of the change of address to the other parties. 6.3 The parties hereto recognize that from time to time other companies may become members of the Group and hereby agree that such new members will become parties to this Agreement by the signature of an officer of such new member on a document in the form attached hereto as Annex A and it shall not be necessary that the existing members re-execute this Agreement or join with such new member in signing a counterpart of Annex A. 6.4 In order to reflect the parties' course of dealing since January 1, ▇▇ ▇▇▇▇▇ 2010, this Agreement shall be effective for all open taxable years beginning after December 31, 2009, unless the Common Parent otherwise agrees to the termination of the rights and Company Name: indicate whether obligations of any party hereunder under such terms and conditions as are mutually agreed upon by the Common Parent and the terminating party, which terms and conditions shall not inure to the detriment of any other party hereto. Notwithstanding such termination, this Agreement shall continue in effect with respect to any payment (including any payment attributable to an adjustment governed by Article 4) or refunds due for all taxable periods prior to termination. Any refund allocated to a corporationmember of the Group that, partnershipat the time the allocation is made, individual has left the Group due to sale, merger, liquidation or otherwise shall be made to the member of the Group that received the proceeds of such sale, merger or other MEMBER: By By Proprietor/Spouse Date transaction or the assets of Execution the former member unless another method of allocation is agreed to prior to the member leaving the Group. 6.5 The Common Parent shall have authority to amend this Agreement through a collateral agreement with any member to take into account any special facts and circumstances of such member. The collateral agreement shall be effective upon execution by RWC RWC Registration Number all affected parties and need not be executed by members whose rights and liabilities under this Agreement are not affected by the collateral agreement. Any such amendment shall be consistent with the principles of this Agreement. 6.6 This Agreement may be unilaterally amended by the Common Parent in response to legislative or regulatory changes in the tax law; provided that any such amendment shall be consistent with the principles of this Agreement. 6.7 Failure of one or more parties to qualify as a member of the Group shall not operate to terminate this Agreement with respect to the other parties so long as two or more parties continue to so qualify. 6.8 This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties, but no assignment shall relieve any party's obligations hereunder without the written consent of the other parties except as otherwise provided in paragraph 6.4. 6.9 This Agreement shall be governed by the laws of the State of Texas and the United States of America. 6.10 Any matter not specifically covered by this Agreement shall be handled in the manner determined by the Common Parent in a manner consistent with the principles of this Agreement. Any dispute concerning the interpretation of this Agreement shall be settled in a fair and reasonable manner by the Chief Financial Officer. 6.11 The Chief Financial Officer may delegate any authority and duties granted hereunder to the VP Tax or General Tax Counsel. 6.12 This Agreement contains the entire understanding of the parties with respect to the subject matter contained herein. No alteration, amendment or modification of any of the terms of this Agreement shall be valid unless made by an authorized officer of each member of the Group that is a party hereto except as otherwise provided in paragraphs 6.5 and 6.6. In the event of any inconsistency between this Agreement and any other agreements, the provisions of this Agreement shall control. 6.13 The language in all parts of this Agreement shall in all cases be construed according to its fair meaning and shall not be strictly construed for or against any party. 6.14 The parties shall execute and deliver all documents, provide all information, and take or refrain from taking action as may be necessary or appropriate to achieve the purposes of this Agreement, including the execution and delivery to the other parties and their affiliates and representatives of such powers of attorney or other authorizing documentation as is reasonably necessary or appropriate in connection with Tax Contests (or portions thereof) under the control of such other parties in accordance with Article 5. 6.15 If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANYany provision of this Agreement is or becomes invalid, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number Cityillegal or unenforceable in any respect, Statethe validity, Zip Signature Street Address Social Security Number Citylegality, Stateand enforceability of the remaining provisions contained herein shall not be affected thereby. 6.16 No failure by any party to insist upon the strict performance of any obligation under this Agreement or to exercise any right or remedy under this Agreement shall constitute waiver of any such obligation, Zip Signature Street Address Social Security Number Cityright, Stateor remedy or any other obligation, Zip Signature Street Address Social Security Number Cityrights, Stateor remedies under this Agreement. 6.17 This Agreement may be executed simultaneously in two or more counterparts, Zip Signature Street Address Social Security Number Cityeach of which shall be deemed an original, State, Zip page 6but all of which together shall constitute one and the same instrument.

Appears in 1 contract

Sources: Federal and State Income Tax Allocation Agreement (Energy Future Holdings Corp /TX/)

Miscellaneous Provisions. 1. If a claim is made against Member A. The Board and Union will meet to negotiate language when necessary. B. No polygraph or WPMIC concerning a home, detached garage, commercial building lie detector device shall be used in any investigation of any teacher or remodeling project covered pupil unless requested by the RWC Warranty Programindividual. C. The Union shall be duly advised by the Board of fiscal, Member budgetary and tax programs affecting the district and the Union shall, upon requestwhenever possible, assign have the opportunity in advance to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection consult with such claimthe Board with respect thereto prior to general publication. 2D. This Agreement shall supersede any rules, regulations or practices of the Board which are contrary to or inconsistent with its terms. Whenever timely performance is called for hereunder, the time there for It shall likewise supersede any contrary or inconsistent terms contained in any individual teacher contracts in effect. All individual teacher contracts shall be extended made subject to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms and are subject to Board of the Limited WarrantyEducation policies pertaining to prohibited subjects of bargaining. 4. This E. Copies of this Agreement contains shall be printed at Board expense and presented to all teachers under employment at the entire understanding of the parties and cannot be altered or amended in any way except by a formal written instrument signed by all of the parties heretoearliest possible date. 5. Should legal action arise between the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should F. If any provision of this Agreement is or shall at any time be determined found to be contrary to law by a court of competent jurisdiction ultimate jurisdiction, such provision shall not be applicable or performed or endorsed, except to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable extent permitted by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10law. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision provisions of this Agreement shall not constitute a waiver continue in full force and effect and the parties agree to meet for the purpose of negotiations and agreement on substitute language for the voided provisions. G. This Agreement constitutes the full and complete commitments between the parties and may be altered, changed, added to, deleted from or modified only through the voluntary, mutual consent of the provisionparties in a written and signed amendment to this Agreement. 12. Whenever appropriate, it is intended H. The Union agrees that during the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date term of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution ProceduresAgreement, and Approved Standards which are referred to herein as any extensions thereof, the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent Union shall neither condone, abet, nor participate in any form of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses sufferedwork stoppage, including, but not limited to, attorney fees by either of them to such activities as a result of Member’s violation of slow down. The Employer agrees that if the Union complies with the provisions in this provisionArticle, there shall be no lockout. I. An emergency manager appointed under Michigan law shall have the authority to reject, modify, or terminate this collective bargaining agreement in accordance with Michigan law. By signing this agreement the union does not agree or acknowledge that this provision is binding on the union. The union reserves the right to assert, where appropriate, that this clause is not enforceable. STEP BA BA + 18 MA** MA+15*** MA + 30 Ed Spec/ 1 39,553 40,744 41,906 42,717 43,530 44,636 1.5 40,373 41,601 42,795 43,622 44,454 45,558 2 41,193 42,460 43,687 44,529 45,381 46,486 2.5 42,018 43,319 44,929 45,433 46,305 47,409 3 42,841 44,177 45,452 46,338 47,229 48,333 3.5 43,662 45,040 46,335 47,247 48,154 49,260 4 44,485 45,900 47,223 48,157 49,080 50,185 4.5 45,307 46,761 48,112 49,058 49,997 51,102 5 46,129 47,618 49,001 49,961 50,919 52,024 5.5 46,952 48,478 49,887 50,872 51,847 52,952 6 47,773 49,340 50,772 51,779 52,773 53,878 6.5 48,595 50,198 51,659 52,685 53,695 54,800 7 49,417 51,055 52,544 53,588 54,618 55,722 7.5 50,234 51,917 53,429 54,497 55,544 56,649 8 51,055 52,775 54,315 55,405 56,470 57,575 8.5 51,879 53,638 55,204 56,304 57,389 58,492 9 52,700 54,498 56,090 57,212 58,307 59,401 9.5 53,523 55,355 56,974 58,119 59,242 60,346 10 54,341 56,217 57,856 59,028 60,168 61,273 10.5 55,166 57,074 58,745 59,937 61,087 62,190 11 55,985 57,935 59,572 60,840 62,011 63,118 11.5 57,559 59,573 61,319 62,563 63,770 64,876 12 60,765 62,910 64,754 66,073 67,355 68,457 13-15* 62,690 64,835 66,679 67,998 69,280 70,382 16-18* 64,055 66,200 68,044 69,363 70,645 71,747 19-21* 64,265 66,410 68,254 69,573 70,855 71,957 22-24* 64,685 66,830 68,674 69,993 71,275 72,377 25-27* 65,315 67,460 69,304 70,623 71,905 73,007 28+* 66,365 68,510 70,354 71,673 72,955 74,057 *All steps 13 and above will be paid at step 12 level. Member agrees Additional salary will be paid in a separate check the last scheduled pay period in November. This amount shall be as follows: Years (13-15) 1,925 Years (16-18) 3,290 Years (19-21) 3,500 Years (22-24) 3,920 Years (25-27) 4,550 Years (28+) 5,600 All steps on the salary schedule will be determined from the original step the teacher is granted upon initial CASD contract. ** Teachers hired 6/90 or earlier may qualify for this scale with a MA or BA + 30 *** Teachers hired 6/90 or earlier may qualify for this scale with MA + 15 or BA + 45 Beginning Fall of 2009 addition of Masters + 30 and Doctorate to maintain all terms salary schedule. Change salary schedule for Education Specialist to include Doctorate. Educational Specialist/Doctorate receives a One Thousand Dollar ($1,000.00) addition to the pay scale. Masters + 30 salary will be at the former Ed. Specialist level. As of September 1, 2009, MDE accredited college credit beyond BA + 18 to be credited on the salary schedule shall be a part of a planned program that directly relates to CASD K-12 teaching and said program must be submitted to the district prior to classes being taken. Masters + 30 can be attained only if classes will result in a new K-12 certification or degree and payable once new certification or degree is submitted consistent with Article IV, E. Eligible CAFT employees, as defined below, shall receive an annual stipend for $500.00 paid on the first payroll in December. One payment per CAFT employee is paid annually to eligible participants. Teachers permanently residing within the CASD geographical boundaries and/or those that have their dependents attending CASD on a full time basis are eligible. The date of eligibility for the year is determined as of the Membership Agreement official fall student count day. Hiring Bonus eligibility for high-needs teaching certifications will be determined by the Superintendent. Eligible new hires will receive a $5,000 signing bonus payable in confidence the following manner: $1,000 payable upon beginning work at CASD in the high-needs teaching assignment with appropriate certifications. $2,000 upon successful completion of the entire first year of the high-needs teaching assignment. An additional $2,000 upon successful completion of the entire second year of the high- needs teaching assignment. School Ambassador Bonus – Each staff member who is listed as a referral on the enrollment form for a new student to CAD will receive a $100 bonus payable following the Fall official count day for each new CASD student enrolled and counted on a full FTE basis on the fall count day. A new CASD student will be defined as a student entering grades 1-12 who has not been enrolled in CASD in the previous two State student count days (fall/spring). The staff member will receive credit by being listed as the referring person on the students’ enrollment form. The new students’ referral would be for a new district contact from this day forward. A. All extra-duty vacancies in Schedule “B” will be internally and externally posted simultaneously. B. In the event that a Schedule “B” position is filled by a non-bargaining unit member, the Superintendent or his designee will contact the Union President with an explanation of his decision. Consistent with the philosophies of interscholastic athletics and the overall academic program, the District encourages any qualified member to disclose apply for vacant Schedule “B” positions. C. Percent figures are based upon the BA scale at the salary step equal to the individual’s years of coaching or directing experience in the area of the given activity. Percent figures for individuals currently employed for an activity will be based upon the BA scale at the step equal to their salary schedule as long as continuously employed for that activity. D. Band Directors - A maximum of two weeks at $30 per day up to $150 per week may be paid for band direction and/or assistant band direction during school vacation periods if pre-approved by the building principal. E. Student Senate Advisor at the High School will be paid 2½% on Schedule B instead of 5%. The advisor will be able to have two trimesters of Senate classes during the year. If the master schedule only allows for one trimester of Senate being offered for the year, the advisor shall receive 5% Schedule B payment Newspaper Advisor at the High School will be paid 1% on Schedule B instead of 2% beginning the 2012-2013 school year. The advisor will be able to have two trimesters of Newspaper classes during the year. If the master schedule only allows for one trimester of Newspaper being offered for the year, the advisor shall receive 2% Schedule B payment. Yearbook Advisor at the High School will be paid 2% on the Schedule B instead of 4% beginning the 2012-2013 school year. The advisor will be able to have two trimesters of Yearbook classes during the year. If the master schedule only allows for one trimester of Yearbook being offered for the year, the advisor shall receive 4% Schedule B payment. If any such terms of the three above are combined into one class, the advisor will receive payment at a rate equal to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation the single highest Schedule B percentage of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6the combined classes.

Appears in 1 contract

Sources: Master Agreement

Miscellaneous Provisions. Section 1. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, Member shall, upon request, assign to WPMIC any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied Nothing contained in connection with such claim. 2. Whenever timely performance is called for hereunder, the time there for this agreement shall be extended to the extent performance is delayed by an event not caused by the conduct of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conduct. 3. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms of this Agreement or the terms of the Limited Warranty. 4. This Agreement contains the entire understanding of the parties and cannot be altered or amended in any way except by abrogate or diminish the right Section 2. The Board and the Association acknowledge that this agreement represents the results of collective negotiations between said parties conducted under and in accordance with Section 3. In the event that subject matter is contained in this Agreement which is also provided for in the Public Schools Code and if said Public School Code establishes a formal written instrument signed by all procedure for the resolution of the parties hereto. 5. Should legal action any disputes which may arise between the parties involving this Agreementconcerning any such subject matter, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees procedure established by the other partySchool Code shall have precedence over the grievance procedure established in the Agreement. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisions. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision The grievance procedure of this Agreement shall not constitute a waiver apply to disputes arising over the retention of or nonretention of temporary professional employees. Such disputes shall be resolved in accordance with statutory and common law. Section 4. Nothing contained in this Agreement shall be so construed or implemented so as to be in derogation of any of the provisionrights or obligations of the parties hereto and inconsistent or in conflict with, or in violation of the provisions of any statute or statutes enacted by the General Assembly of the Commonwealth of Pennsylvania. 12Section 5. Whenever appropriateIf any of the provisions of this Agreement or its application thereof shall be held invalid for any reason, it is intended such invalidity shall not affect the other provisions or other application of this Agreement which can be given effect without the invalid provision of application and to that the use end; all provisions of one gender herein includes all genders and the singular includes the pluralthis Agreement are deemed to be servable. 13Section 6. The effective date Copies of this Agreement shall be printed, with cost shared equally by the date SDEA and Southeast Delco Board of execution by RWCSchool Directors, within thirty (30) days after the Agreement is signed and presented to all professional employees now employed or employed during the term of this Agreement. 14Section 7. All terms not defined Nothing contained herein shall be construed so as to deny to any professional employee those rights as may exist under the Pennsylvania School Code of 1949, as amended or other applicable legislation. The rights granted under this Agreement shall be in addition to those provided by law or statutes, unless they contradict, or are in violation of, the School Code or other statute, in which case the applicable statute will control. Professional employees shall have the meanings ascribed in right to file a grievance under the Limited Warranty book containing collective bargaining agreement or request a hearing pursuant to sections 1121 through 1132 of the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, includingSchool Code, but not limited to, attorney fees by either of them as a result of Member’s violation of this provisionboth. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

Appears in 1 contract

Sources: Collective Bargaining Agreement

Miscellaneous Provisions. A. The Board of Education will continue to attempt to maintain an adequate list of substitute teachers. Teachers shall be informed of a telephone number they may call one (1) hour prior to the reporting time for work. If Once a claim is made against Member teacher has reported unavailability, it shall be the responsibility of the administration to arrange for a substitute teacher. B. No polygraph or WPMIC concerning a home, detached garage, commercial building or remodeling project covered lie detector device shall be used by the RWC Warranty Program, Member shall, upon request, assign to WPMIC Board of Education in any rights which it may have against a supplier, manufacturer, subcontractor or other person for work performed or materials supplied in connection with such claiminvestigation of any teacher. 2. Whenever timely performance is called for hereunder, the time there for C. Each individual teacher contract shall be extended deemed in all respects to include and incorporate by reference all of the extent performance is delayed by an event not caused terms, provisions and conditions of this Master Agreement. D. Copies of the Agreement and subsequent revisions shall be printed at the expense of the Board and presented to all teachers now employed or hereinafter employed by the conduct Board of the person obligated to perform. Such events include, but are not limited to, acts of God or the public enemy, war, riot, civil commotion or governmental conductEducation. 3. E. If a claim is made against Member or WPMIC concerning a home, detached garage, commercial building or remodeling project covered by the RWC Warranty Program, escrowed monies being held by the Owner of the home, detached garage, commercial building or remodeling project shall be considered separate and apart from and cannot affect the terms any provisions of this Agreement or any application of this Agreement to any employee or group of employees shall be found contrary to law, then such provision or application shall not be deemed valid and applicable except to the terms extent permitted by law, but all other provisions or applications shall continue in full force and effect. F. All teachers shall have the right to refuse the assignment of extracurricular activities. G. Teachers who are eligible to retire under the provisions of the Limited WarrantyMichigan Retirement Law will submit to the Board a written notice of intention to retire at least sixty (60) calendar days prior to the date of retirement. 4H. If Board Policy is found to be in conflict with the provisions of this Agreement then the Board will take appropriate action to correct the inconsistencies. I. All employees in the system shall have the option of receiving twenty (20) or twenty-six (26) equal payments of salary. This Agreement contains Teachers electing to receive twenty-six (26) salary payments may receive a lump sum payment in June if the entire business office is notified of this change before February 1. J. All medical examinations, x-rays, or medication tests, stipulated as a condition of employment shall be paid for by the Board. K. The teacher shall have the right to have any employment outside the school system provided that such employment will not interfere with his professional duties. The Board and the Association shall mutually agree upon the nature of any outside employment of its members, should its nature be questioned. L. Upon request, all teachers will be provided with keys for entrance to the school building. M. The Association recognizes that the cessation or interruption of professional services by teachers is contrary to law and public policy. N. No teacher shall be required to collect, handle or account for student monies. O. Agency Shop - Each bargaining unit member shall as a condition of employment, or within thirty (30) days after the date of commencement of duties or the effective date of this Agreement, whichever is later, join the Association or pay a service fee to the Association pursuant to the Association’s “Policy Regarding Objections to Political-Ideological expenditures” and the administrative procedures adopted pursuant to that policy. The service fee shall not exceed the amount of association dues collected from association members and may only represent amounts allowable by law. The teacher may authorize payroll deduction for such fee. In the event that the teacher does not pay such service fee directly to the Association or authorize payroll deduction, the employer shall, pursuant to MCLA408.477; MSA 17.277 (7) and at the request of the Association, deduct the service fee from the teacher’s wage and remit same to the Association. P. In the event of any legal action against the Employer brought in a court or administrative agency because of its compliance with this Article, the Association agrees to defend such action, at its own expense and through its own counsel, provided: a. The Employer gives timely notice of such action to the Association and permits the Association intervention as a party if it so desires, and b. The Employer gives full and complete cooperation to the Association and its counsel in securing and giving evidence, obtaining witnesses, and making relevant information available at both trial and appellate levels. c. The Association shall have complete authority to compromise and settle all claims, which it defends, under this section. The Association agrees that in any action so defended, it will indemnify and hold harmless the Employer from any liability for damages and costs imposed by a final judgment of a court or administrative agency as a direct consequence of the Employer’s compliance with this Article XVII . Q. In the event a payday occurs during a period when school is not in session, paychecks will be issued on the last school day preceding such period. R. Paychecks will be made available to teaching staff by 11:00 a.m. on paydays. The checks will be in a sealed envelope. S. For elementary staff, office staff shall maintain official student records and attendance books provided staff makes necessary information available as specified by the building administrator. The verifiable record for daily attendance of a student remains the teacher’s responsibility. T. Snow Days - It is the understanding and agreement of the parties that the calendar agreed to is a tentative calendar to the extent that the State of Michigan requires a school district to maintain a specified number of days or hours of instruction irrespective of acts of God. In the event that the district must make-up days/hours lost because of inclement weather or other acts of God for which state-aid would be lost, those days/hours shall be made up at the end of the school year on normal business days. It is further the understanding of the parties and canthat the district will not be altered pay any additional salary or amended in any way except by a formal written instrument signed by all of the parties heretobenefits for days/hours, which are not counted as state-aid days/hours. 5. Should legal action arise between U. School Improvement The board will pursue the parties involving this Agreement, the substantially prevailing party shall be reimbursed for reasonable attorney and expert witness fees by the other party. Should any provision establishment of this Agreement be determined by a court of competent jurisdiction to be unenforceable, that determination will not affect the validity of the remaining provisionsschool improvement committee with teacher input. 6. Member acknowledges that RWC is an administrator and not a warrantor or insurer. Member agrees to indemnify RWC and hold it harmless from any loss or expense, including attorney fees, if Member should ever claim otherwise. 7. This Agreement shall be interpreted and enforced in accordance with the laws of the state in which Member maintains its principal place of business. 8. This Agreement is not assignable by Member without the prior written consent of RWC. 9. This Agreement is binding on the parties, their heirs, executors, administrators, successors and assigns. 10. All notices required hereunder must be in writing and sent by certified mail, postage prepaid, or other such form of notice deemed acceptable by RWC to the recipient at the respective address shown hereon or to whatever other address the party may designate in writing. Member must inform RWC of any change in address in writing. 11. Failure of either party to insist upon compliance with any provision of this Agreement shall not constitute a waiver of the provision. 12. Whenever appropriate, it is intended that the use of one gender herein includes all genders and the singular includes the plural. 13. The effective date of this Agreement shall be the date of execution by RWC. 14. All terms not defined herein shall have the meanings ascribed in the Limited Warranty book containing the Warranty Resolution Procedures, and Approved Standards which are referred to herein as the “RWC Warranty Program.” 15. This Agreement does not create an agency. Member is not an agent of RWC or WPMIC, and Member and its employees are not authorized to hold themselves out as agents of RWC or WPMIC. Member and its employees have no authority to bind or obligate RWC or WPMIC. Member agrees to indemnify and hold RWC and WPMIC harmless against any and all expenses incurred and losses suffered, including, but not limited to, attorney fees by either of them as a result of Member’s violation of this provision. 16. Member agrees to maintain all terms of the Membership Agreement in confidence and not to disclose any such terms to any person or entity. THIS AGREEMENT is among RESIDENTIAL WARRANTY COMPANY, LLC (RWC), c/o Residential Warranty Corporation of Pennsylvania, with offices at ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Western Pacific Mutual Insurance Company, a Risk Retention Group (WPMIC), with offices at ▇▇▇▇ ▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ and Company Name: indicate whether a corporation, partnership, individual or other MEMBER: By By Proprietor/Spouse Date of Execution by RWC RWC Registration Number (If Presently Registered) By WESTERN PACIFIC MUTUAL INSURANCE COMPANY, (WPMIC) A Risk Retention Group By Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip Signature Street Address Social Security Number City, State, Zip page 6

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Sources: Collective Bargaining Agreement