RIGHTS OF THE CITY. (a) The City shall have the right and option to terminate this Contract, after notice to Contractor and hearing, for breach of this Contract or for inadequate quality of service; provided that Contractor shall be given a thirty (30) day period after the hearing in which to cure such breach or inadequate service. In the event a period for curing such breach or inadequate quality of service is provided, a second hearing shall be held at the expiration of the cure period and this Contract shall not be terminated if it is found that the breach or inadequate quality of service has been cured and resolved during such cure period. In the event the City Council finds, after notice and hearing held at any time after any previous opportunity to cure, that Contractor has breached this Contract or is providing an inadequate quality of service, the City Council may terminate this Contract.
RIGHTS OF THE CITY. 1. The Association recognizes that the City has statutory and Charter rights and obligations in contracting for matters relating to municipal operations. This MOU shall not limit that authority in any manner unless such limitation is expressly provided for by the specific terms of this MOU. There shall be no implied limitations on the rights of the City. In the event this MOU, the City Personnel Rules, other City Council approved programs, and/or the Department's General and Operations Orders are silent regarding a particular issue, the City Manager, or designees shall retain the right to exercise judgment on such matter.
RIGHTS OF THE CITY. If (i) the Concessionaire shall fail or neglect to commence the diligent Restoration of the System or the portion thereof so damaged or destroyed, (ii) having so commenced such Restoration, the Concessionaire shall fail to diligently complete the same in accordance with the terms of this Agreement or (iii) prior to the completion of any such Restoration by the Concessionaire, this Agreement shall expire or be terminated in accordance with the terms of this Agreement, the City may, but shall not be required to, complete such Restoration at the Concessionaire’s expense and shall be entitled to be paid out of the Restoration Funds, but such payment shall not limit the Concessionaire’s obligation to pay the City’s reasonable Restoration expenses, less amounts received by the City from such Restoration Funds. In any case where this Agreement shall expire or be terminated prior to the completion of the Restoration, the Concessionaire shall (x) account to the City for all amounts spent in connection with any Restoration which was undertaken, (y) pay over or cause the Depositary to pay over to the City, within 30 days after demand therefor, the remainder, if any, of the Restoration Funds received by the Concessionaire prior to such termination or cancellation and
RIGHTS OF THE CITY. If at any time Concessionaire shall fail to comply with any of its obligations under Section 11.02 hereof, the City reserves the right to perform and complete such maintenance, repairs, replacements or alterations after reasonable notice to Concessionaire of its default thereunder and Concessionaire’s failure to timely cure the same, and charge back to Concessionaire the full cost thereof for such work performed on behalf of Concessionaire. The City, during Concessionaire’s business hours and with prior reasonable notice to Concessionaire (if such notice is possible and does not interfere or limit City’s exercise of its governmental functions or powers), may enter the Premises and make inspections as often as it considers necessary, to determine the proper maintenance of the Premises by Concessionaire. Further, the City reserves the right to interrupt, temporarily, all utility services provided by the City when necessary to make repairs, alterations, replacements or improvements in such systems. The City shall not have any responsibility or liability to Concessionaire (including consequential damages and lost profits) for failure to supply heat, air conditioning, all other utilities or plumbing or, when prevented from doing so by laws, orders or regulations of any federal, state or local agency as a result of strikes, accidents, force majeure or by any other cause whatsoever beyond the City’s control. The City shall provide Concessionaire with as much advance notice as reasonably possible and under the circumstances shall use reasonable efforts to avoid interrupting Concessionaire’s business operations except as deemed necessary by the Director.
RIGHTS OF THE CITY. The Association recognizes that the City has and will continue to retain, whether exercised or not, the sole and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects except as expressly modified by this agreement. The City Manager and City department heads have and will continue to retain exclusive decision-making authority on matters not officially and expressly modified by specific provisions of this Agreement. The exclusive rights of the City shall include, but not be limited to, the right to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials to exercise control and discretion over its organization and operations, to establish and effect Administrative Regulations and employment rules and regulations, consistent with law and the specific provisions of this Agreement to direct its employees, to take disciplinary action, to terminate or reassign its employees from duty because of lack of work or for other legitimate reasons, to determine the methods, means and personnel by which the City's services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the community.
RIGHTS OF THE CITY. Section 4.1 ~anagement Rights.
RIGHTS OF THE CITY a) The City shall retain the right to enforce such demands as are deemed necessary to ensure that an acceptable standard of service and operation is maintained.
RIGHTS OF THE CITY. A) The parties agree that except as specifically and directly modified, amended or obliged by law or by express language in a specific provision of this Agreement, the City retains all rights, powers and prerogatives that it has or may hereafter be granted and may lawfully exercise the same at its discretion.
RIGHTS OF THE CITY. The Association recognizes that the Employer has the responsibility and authority to manage and direct, on behalf of the public, all of the operations and activities of the City to the full extent authorized by law. The Association further agrees that all management rights, functions, and prerogatives not expressly delegated in this Agreement are reserved to the City.
