MISCELLANOUS PROVISIONS Sample Clauses
MISCELLANOUS PROVISIONS. 74. This Agreement, after it has been executed by the Director of the Office of Enforcement, is binding upon Recipient, its employees, contractors, agents, or successors.
75. This Agreement shall not be construed to limit or reduce the obligation of Recipient, and Recipient’s programs, services, and activities, to comply with federal civil rights laws and implementing regulations, including Title VI, Section 504, and the ADA, and their respective implementing regulations.
76. Upon execution of this Agreement by the Director of the Office of Enforcement, it is a public document.
77. Upon execution of this Agreement, Recipient shall provide notice of the terms of this Agreement to its employees, contractors, subrecipients, voucher recipients and voucher applicants within ten (10) days from the effective date. Recipient may satisfy this term by posting and maintaining the Agreement on the homepage of its website while the Agreement is in effect.
78. This Agreement does not diminish the ability of any person or class of persons to exercise their rights under Title VI, Section 504, the ADA, or any other federal, State, or local civil rights statute or authority with respect to any past, current, ongoing, or future actions. This Agreement does not create any private right of action for any person or class of persons not a Party to this Agreement.
79. This Agreement does not in any way limit or restrict HUD’s authority to investigate any other complaint involving Recipient or conduct a compliance review pursuant to Title VI, Section 504 and the ADA, or any other authority within HUD’s jurisdiction.
80. The individual named in Section VI, below, shall monitor whether the Recipient has satisfactorily complied with the provisions set forth in this Agreement. HUD may seek to amend the Agreement if HUD determines that it is in the best interests of the Parties. HUD may conduct an on-site or any other review of Recipient’s compliance with the provisions of this Agreement, and, upon reasonable notice by HUD, Recipient shall grant HUD’s employees access to its premises, records, and personnel during normal business hours throughout the term of this Agreement pursuant to 24 C.F.R. § 1.6(c) and 24 C.F.R. § 8.55(c).
81. If applicable laws, regulations, or guidance are changed or clarified in a manner that would affect the provisions of this Agreement, then the Parties shall confer in good faith to determine any appropriate modifications to this Agreement.
82. This Agreement...
MISCELLANOUS PROVISIONS a. This Agreement shall not bestow any rights upon any third party, but rather shall bind and benefit the Contractor and the City of Española on behalf of the New Mexico Safe and Healthy Communities Comprehensive SMART Strategy only through the Northern New Mexico Implementation Team.
b. This agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties.
c. This Agreement may be amended by mutual written consent of both parties.
d. The Contractor, officers or agents and employees agree to and shall indemnify, hold harmless, and defend the City of Española, its officers, agents, and employees from and against any and all claims, losses, damages, causes of action, suits and liability of any kind, including all expenses of litigation, court costs, and attorney fees for any and all damage arising out of or in connection with the services performed or advice given by the Contractor, his officers, agents, or employees, pursuant to this Agreement, where such damages are caused in whole or in part by the negligence of the City of Española, its officers, agents, or employees. It is the express intention of the parties hereto, both the Contractor and the City of Española, that the indemnity provided for in this paragraph is indemnity by the Contractor to indemnify and protect the City of Española, its officers, agents, or employees from the consequences of the negligence of the City of Española its officers, agents, or employees, whether that negligence is the sole or concurring cause of the resulting damage (s).
e. Contractor does hereby for herself, her officers, agents, employees, successors, assigned personnel, representatives, heirs, executors, and administrators, collectively referred to in this paragraph as a “Contractor,” release, acquit and forever discharge the City of Española, its officers, agents, and employees collectively referred to in this paragraph as the City of Española of any and all debts, damages, claims, causes of action, suits, liabilities, and demands of whatever nature which Contractor might now have or might subsequently accrue by reason of any matter or thing whatsoever, and particularly growing out of or in any way connected with, directly or indirectly, this Agreement and/or services to be performed pursuant to the same, including, but not limited to, any claims of workers’ compensation, health insurance, or any other benefit provided...
MISCELLANOUS PROVISIONS. Any Party may unilaterally terminate this MOA upon providing ninety (90) days written notice to the other Party.
MISCELLANOUS PROVISIONS. 6.1 Publication. ▇▇▇▇▇▇▇▇ agrees to recognize ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ of Western Kentucky University, as a contributor to any presentations, publications, and other scientific and non-scientific disseminations, of the results of any research involving the Trademarked Products, which takes place under this Agreement. Any data collected as part of the CMP Award will be electronically shared with LICENSOR, at ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇, at least every three months of the CMP Award term. LICENSOR agrees that if ▇▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ uses or references LICENSEE’s research data or results using the Trademarked Products which takes place under this Agreement, in any presentation, publications or other scientific and or non-scientific disseminations, LICENSEE’s researchers will be recognized as contributors. ▇▇▇▇▇▇▇▇ agrees to provide to LICENSOR the name of the researchers to be included as a contributor.
MISCELLANOUS PROVISIONS. The Tribe may consider other provisions of cooperation and collaboration with its County CWS. The provisions of this MOU were identified during the training as areas that the Tribe may need assistance with in carrying out the criminal background check and CACI search. The provisions addressing 24 hour notice of subsequent arrests and convictions and joint decision making on how to address the arrest or conviction are required by state law and should be included in any MOU the Tribe choses to have with the County CWS.
MISCELLANOUS PROVISIONS. Section 1. Paraprofessionals will participate in Staff Development activities and School Improvement planning on early dismissal days. On early dismissal days for the purpose of report card preparation, paraprofessionals shall be allowed to leave immediately after the students have left the building without loss of pay.
Section 2. By August 1 preceding each school year, each employee shall be notified of beginning date, ending date, tentative position assignment, pay rate, available personal days, and available sick days.
Section 3. In the event a custodian is absent, the District agrees to hire a substitute for long- term absences (5 consecutive days or more) at the rate of pay for a beginning custodian. The Union and Board agree to work cooperatively to create and maintain a substitution list prior to the beginning of each school year. The union and the administration also agree to develop a list of job expectations and strategies to implement in the event of short-term absences.
Section 4. In service/training. Whenever the Board of Education or its designee requires bargaining unit employees to be involved in training courses or workshops and conference it will make provisions for the payment of costs associated with the course, workshop, or conference. Costs shall be defined as registration, mileage at District rate, reasonable food and hotel expenses upon approval of written receipts. Members of the bargaining unit who are required to physically move special needs or early childhood students as part of their assigned duties shall be given in-service training for such duties at least a week prior to the start of such duties. This training may be given as “on the job”. If the training is during non-work time, the employee shall be paid his/her hourly rate. If an IEP or charting requires that a student be lifted, the employee shall be informed if the student is a multiple lift. Assistance for a multi-person lift shall be provided as needed. This shall include the use of any existing needed type of mechanical equipment that the District has available. Members of the bargaining unit shall be paid their hourly rate of pay if they are requested to attend a district in-service/institute during time they are not already scheduled to work by the building principal. Members of the bargaining unit shall be paid their hourly rate of pay, when requested by building principal, to attend non-district in-service/institutes during time they are not already scheduled to...
MISCELLANOUS PROVISIONS. 5.01 Notwithstanding anything in this Agreement to the contrary, nothing contained in this Agreement shall be construed as a waiver of City’s governmental immunity, or of any damage caps or limitations imposed by law, or any other legal protections granted to City by law, except to the extent expressly provided or necessarily implied herein. In the event of a conflict between this provision and any other provision in this Agreement, the terms of this provision shall govern.
5.02 Notwithstanding anything in this Agreement to the contrary, this Agreement is subject to and governed by the laws of the State of Texas. Any disputes arising from or relating to this Agreement shall be resolved in a court of competent jurisdiction located in ▇▇▇▇▇▇▇ County, Texas, or the federal courts for the United States for the Northern District of Texas. The parties hereto irrevocably waive any right to object to the jurisdiction of such courts or to a trial by jury in any dispute arising from or relating to this Agreement. In the event of a conflict between this provision and any other provision in this Agreement, the terms of this provision shall govern.
5.03 Notwithstanding anything in this Agreement to the contrary, if City should not appropriate or otherwise receive funds sufficient to participate in this Agreement, City may unilaterally terminate this Agreement effective on the final day of the fiscal year through which City has funding. City will make every effort to give the Parties at least thirty (30) days written notice prior to a termination for lack of appropriations. In the event of termination due to a lack of appropriations, City will pay the Parties for all undisputed expenses incurred prior to the effective date of termination that are related to the work as described herein and owed to the Parties from the City under this Agreement. In the event of a conflict between this provision and any other provision in this Agreement, the terms of this provision shall govern.
MISCELLANOUS PROVISIONS. A. Nothing in the fact or terms of the Agreement, including the exhibits and related documents hereto, the proceedings related to approval of the Agreement, or the negotiations related to the Agreement shall constitute or be used as an admission of any act, omission, fault, or wrongdoing by the City or be offered or received in evidence against the City, Plaintiffs, the Settlement Class Members, or any other person or entity, except for proceedings to enforce the Agreement. Any payment of money, or any other action taken, by the City pursuant to any provision of this Settlement Agreement, shall not at any time be construed or deemed to be, or to evidence, any admission against or concession by the City with respect to any wrongdoing, fault, or omission of any kind whatsoever. The City expressly denies any and all claims of wrongdoing and denies any liability to Plaintiffs or any Settlement Class Member. Any and all discussion, statements, and/or communications of any type between the Parties, Class Counsel, and Defendant’s Counsel in the course of settlement negotiations related to the Agreement shall remain confidential and subject to Federal Rule of Evidence 408, except in proceedings to enforce this Agreement. This provision shall survive the expiration or voiding of the Settlement Agreement.
B. Any disputes between or among the Parties concerning the matters contained in this Agreement, if they cannot be resolved by negotiation or agreement, shall be submitted to the Court. The Court shall retain exclusive and continuing jurisdiction over the Litigation, the Settlement, and this Agreement and shall enforce, interpret, effectuate, and implement this Agreement. The Parties and Settlement Class Members hereby irrevocably submit to the exclusive and continuing jurisdiction of this Court for any suit, action, proceeding, or dispute arising out of or relating to the Settlement, this Agreement, or the applicability of this Agreement. Solely for purposes of such suit, action, or proceeding, to the fullest extent that they may effectively do so under applicable law, the Settlement Class Members, Class Representatives, and the City irrevocably waive and agree not to assert, by way of motion, as a defense, or otherwise, any claim or objection that they are not subject to the jurisdiction of the Court or that the Court is an any way an improper venue or an inconvenient forum. Nothing herein shall be construed as a submission to jurisdiction for any purpose other t...
MISCELLANOUS PROVISIONS. 30.1 The EMPLOYER has the right to establish job descriptions for positions covered by bargaining agreement provided that all job descriptions will be discussed with the EMPLOYEE and the UNION in a meet and confer meeting. No EMPLOYEE will suffer a loss in pay or benefits due to a job reclassification.
30.2 The wages for positions covered by this Bargaining Agreement shall be as listed in Appendix A & B & C which are attached to and made part of this Agreement.
MISCELLANOUS PROVISIONS. Waiver: The waiver of any breach shall not be construed as a continuing waiver of the same or any subsequent breach. No indulgence, waiver, election or non-election by the LANDLORD under this Agreement shall affect TENANT's duties and liabilities hereunder.