Preemption Provision Sample Clauses

Preemption Provision. The provisions of this Agreement shall supersede the provisions of any statute, executive order, local ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation, the contrary provisions of Chapter 143; Ordinances of the City of Bryan, Texas; and Local Rules. This preemption provision is authorized by Section 142.117 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superseding the statutory standard or result which would otherwise be obtained, in the absence of this Agreement.
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Preemption Provision. This Article shall preempt any contrary provisions set forth in TLGC 143.014(b)(g) and (h), 143.021(b), 143.021(c), 143.034, 143.036, 143.037, 143.041 and 142.0015(b)-(e), and any local ordinances, executive orders, or rules adopted by the City or Commission, it being expressly agreed and specifically so provided under the authority of TLGC 174.005 and 174.006.
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Preemption Provision. This Article shall preempt any contrary provisions in Chapter 143, including but not limited to those set forth in Section 2 of this Article and in Sections 143.014, Subchapter B (143.021-143.038) and 143.072 of the statute, it being expressly agreed and specifically so provided under the authority of Section 143.307.
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Preemption Provision. Except to the extent specifically noted in this Agreement, the provisions of this Agreement shall preempt the provisions of any state statute, Executive Order, local ordinance, or rule, which are in conflict herewith. This preemption provision is authorized by Section 142.117 of the TLGC.
Sample 1
Preemption Provision. The provisions of this Agreement shall supersede the provisions of any statute, Executive Order, local ordinance, or rule, which are in conflict herewith, including for example and not by way of limitation , the contrary provisions of Chapter 143; Ordinances of the City of Georgetown, Texas; and Rules and Regulations of the Firefighters' and Police Officers' Civil Service Commission for the City of Georgetown, Texas. This preemption provision is authorized by section 142.117 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superseding the statutory standard or result which would otherwise obtain, in the absence of this Agreement. This provision is of the essence to the bargain and Agreement, which hasbeen reached.
Sample 1
Preemption Provision. During the term of this Agreement and to the extent of any conflict, the provisions of this Agreement shall supersede the provisions of all contrary statutes, Executive Orders, local ordinances, and rules, including for example and not by way of limitation, the contrary provisions of Texas Local Government Code Chapters 141, 142 and 143, Ordinances of the City of Baytown, Texas, and the Rules and Regulations of the Police and Firefighter’s Civil Service Commission for the City of Baytown, Texas. This preemption provision is authorized by Section 142.067 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superseding the statutory standard or result, which would otherwise be obtained in the absence of this Agreement. It is understood and agreed that unless specifically modified by this Agreement, the City’s Personnel Policies and Administrative Rules, the City of Baytown’s Civil Service Rules and Regulations, as well as the Baytown Police Department’s Rules and Regulations and general and special orders shall continue to apply to employees covered by this Agreement.
Sample 1
Preemption Provision. During the term of this Agreement and to the extent of any conflict, the provisions of this Agreement shall supersede the provisions of all contrary statutes, Executive Orders, local ordinances, and rules, including for example and not by way of limitation, the contrary provisions of Texas Local Government Code Chapters 141, 142 and 143, Ordinances of the City of Baytown, Texas, and the Rules and Regulations of the Police and Firefighter’s Civil Service Commission for the City of Baytown, Texas. This preemption provision is authorized by Section 142.067 of the Texas Local Government Code, and the Parties have expressly agreed that each and every provision involving or creating such a conflict shall have the effect of superseding the statutory standard or result, which would otherwise be obtained in the absence of this Agreement.
Sample 1
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Related to Preemption Provision

  • COMMON PROVISIONS Article 10

  • Loan Provisions [ ] A. Participant loans are not available from the Plan. [x] B. Participant loans are permitted in accordance with the Employer’s established loan procedures. [ ] C. Loan payments will be suspended under the Plan as permitted under Code Section 414(u) in compliance with the Uniformed Services Employment and Reemployment Rights Act of 1994.

  • Redemption Provisions Notwithstanding any provision to the contrary contained in the Certificate of Incorporation of Borrower, as amended from time to time (the “Charter”), if, pursuant to the redemption provisions contained in the Charter, Lender is entitled to a redemption of its Warrant, such redemption (in the case of Lender) will be at a price equal to the redemption price set forth in the Charter (the “Existing Redemption Price”). If, however, Lender delivers written notice to Borrower that the then current regulations promulgated under the SBIC Act prohibit payment of the Existing Redemption Price in the case of an SBIC (or, if applied, the Existing Redemption Price would cause the Series C Preferred Stock to lose its classification as an “equity security” and Lender has determined that such classification is unadvisable), the amount Lender will be entitled to receive shall be the greater of (i) fair market value of the securities being redeemed taking into account the rights and preferences of such securities plus any costs and expenses of the Lender incurred in making or maintaining the Warrant, and (ii) the Existing Redemption Price where the amount of accrued but unpaid dividends payable to the Lender is limited to Borrower’s earnings plus any costs and expenses of the Lender incurred in making or maintaining the Warrant; provided, however, the amount calculated in subsections (i) or (ii) above shall not exceed the Existing Redemption Price.

  • Transition Provisions Any person engaged as an apprentice at the date this award commenced operation shall be deemed to be an apprentice for all purposes of this award until the completion or cancellation of their apprenticeship contract.

  • Termination Provisions In this Agreement:

  • Subordination Provisions The Company covenants and agrees, and Originator and any other holder of this Company Note (collectively, Originator and any such other holder are called the “Holder”), by its acceptance of this Company Note, likewise covenants and agrees on behalf of itself and any holder of this Company Note, that the payment of the principal amount of and interest on this Company Note is hereby expressly subordinated in right of payment to the payment and performance of the Senior Interests to the extent and in the manner set forth in the following clauses of this paragraph 9:

  • Anti-Dilution Provisions The Exercise Price in effect at any time and the number and kind of securities purchasable upon the exercise of the Warrants shall be subject to adjustment from time to time upon the happening of certain events as follows:

  • Flow Down Provisions Grantee must include any applicable provisions of the Contract in all subcontracts based on the scope and magnitude of work to be performed by such Subcontractor. Any necessary terms will be modified appropriately to preserve the State's rights under the Contract.

  • Antidilution Provisions During the Exercise Period, the Exercise Price and the number of Warrant Shares shall be subject to adjustment from time to time as provided in this Paragraph 4. In the event that any adjustment of the Exercise Price as required herein results in a fraction of a cent, such Exercise Price shall be rounded up to the nearest cent.

  • Violation of Non-discrimination provisions Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to i) termination of this Agreement;

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