Notwithstanding 12 Clause Samples
The "Notwithstanding 12" clause serves to override or take precedence over the provisions set out in Section 12 of the agreement. In practice, this means that even if Section 12 contains specific terms or restrictions, the terms of the clause labeled "Notwithstanding 12" will apply instead wherever there is a conflict. For example, if Section 12 limits liability but this clause provides for broader liability, the broader terms will govern. This clause is used to resolve potential inconsistencies and ensure that the parties' intentions in this specific area are clearly prioritized over the general rules of Section 12.
Notwithstanding 12. 1.1, it is recognized that teachers who are in receipt of an administrative or supervisory allowance, shall accept the professional responsibility of having their units operational on the opening day of school each school term, semester or other division of the school year. In a like manner, such teachers shall accept the professional responsibility of completing all activities connected with school opening and closing.
Notwithstanding 12. 07(a), Seniority shall continue to accumulate in accordance with the Employment Standards Act and Ontario Human Rights Code.
Notwithstanding 12. 1.1, an employee shall receive a shift premium of one dollar and five cents ($1.05) per hour for all hours worked between midnight and 7:00 a.m. Where more than fifty per cent (50%) of the hours worked fall within this period, the one dollar and five cents ($1.05 cents) per hour premium shall be paid for all hours worked.
Notwithstanding 12. 1 and 12.2 the Customer shall not be responsible for damage, loss or injury:
12.3.1 prior to delivery of any Plant to the Service Address (or, where the Service Address is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving such highway) where the Plant is in transit by transport of the Company or as otherwise arranged by the Company;
12.3.2 during the erection and/or dismantling of any Plant where such Plant requires to be completely erected/dismantled on Service Address, provided always that such erection/dismantling is under the exclusive control of the Company or his agent;
12.3.3 after the Plant has been removed from the Service Address and is in transit on a highway maintainable at the public expense (or where the Service Address is not immediately adjacent to a highway maintainable at the public expense after it has joined such highway) to the Company by transport of the Company or as otherwise arranged by
12.3.4 where the Plant is travelling to or from a Service Address on a highway maintainable at the public expense (or, where the Service Address is not immediately adjacent to a highway maintainable at the public expense, prior to its leaving or after its joining such highway) under its own power with a driver supplied by the Company.
Notwithstanding 12. 1.1, it is recognized that teachers who are in receipt of an administrative or supervisory allowanc professional responsibility of having their units operational on the opening day of school each school term, semester or other year. In a like manner, all teachers shall accept the professional responsibility of completing all activities connected with scho