Section 2.4. 41 It is further understood and agreed that failure to exercise any function herein reserved to it or retained by 42 common law, or the exercise of any function in a particular way, shall not be considered a waiver of the 43 right to exercise such function either in the same or in any other manner which is not contrary to the 44 specific provisions of this Agreement. 45
Section 2.4. 7 Neither the District, nor the Union, shall discriminate against any employee subject to this agreement 8 on the basis of race, national origin, creed, color, sex, religion, age, marital status or against a qualified 9 employee with a disability able to perform the essential functions of the job.
Section 2.4. The first paragraph of Section 2.4 is hereby deleted and replaced with the following (Subsections 2.4.1 and 2.4.2 remain unchanged):
Section 2.4. The following language is hereby added to the end of Section 24 of the Employment Agreement: “Notwithstanding anything to the contrary in this Agreement, no compensation or benefits shall be paid to the Employee during the six (6)-month period following the Employee’s Separation from Service to the extent the Board of Directors of the Company reasonably determines the Employee is a “specified employee” at the time of such Separation from Service (within the meaning of Code Section 409A) and that paying such amounts at the time or times indicated in this Agreement would be a prohibited distribution under Code Section 409A(a)(2)(b)(i) and/or cause the Employee to incur additional taxes under Code Section 409A. If the payment of any such amounts is delayed as a result of the previous sentence, then on the first business day following the end of such six (6)-month period, (or such earlier date upon which such amount can be paid under Code Section 409A without being subject to such additional taxes, including as a result of the Employee’s death), the Company shall pay the Employee a lump-sum amount equal to the cumulative amount that would have otherwise been payable to the Employee during such six (6)-month period, without interest thereon. Notwithstanding any provision of this Agreement to the contrary, in the event that following the effective date hereof, the Company determines that any payments or benefits hereunder (or, with respect to the Employee, under the CIC Plan) are not either exempt from or compliant with the requirements of Section 409A of the Code and related Department of Treasury guidance, the Company may adopt such amendments to this Agreement or adopt such other policies and procedures (including amendments, policies and procedures with retroactive effect), or take any other actions, that the Company determines are necessary or appropriate to preserve the intended tax treatment and economic benefits of the payments and benefits provided hereunder, including any such actions intended (a) to exempt such payments and benefits from Section 409A of the Code and/or (b) to cause such payments and benefits to comply with the requirements of Section 409A of the Code and related Department of Treasury guidance.”
Section 2.4. 2.1. 4 The employee shall first discuss the grievance with his/her immediate supervisor. If the 5 employee wishes, he/she may be accompanied by an Association representative at such 6 discussion. All grievances not brought to the immediate supervisor in accordance with the 7 preceding sentence within twenty-five (25) calendar days of the occurrence of the grievance 8 shall be invalid and subject to no further processing.
Section 2.4. 32 Nothing contained in this agreement shall limit the District's right to contract or subcontract work that 33 is in addition to that work normally performed by the employees in the bargaining unit. If the District 34 decides to alter or eliminate any operation which would reduce or eliminate any position in the 35 bargaining unit, it shall inform the Association and permit the Association the opportunity of input on 36 the matter prior to implementation of such alteration or elimination. 37 38 Section 2.5. 39 Without limiting the generality of the foregoing or infringing upon the rights of the employees or the 40 Association contained herein, it is expressly recognized that the board's operational and managerial 41 responsibility includes:
Section 2.4. 10 – Collaboration The District and the Association agree that collaboration and planning between 19 general education and special education teachers is essential to effectively meet the needs of students with 20 special needs. It is also understood by both parties that the needs of students with disabilities cannot be met 21 without proper collaboration. Special education teachers shall be provided time to meet collaboration 22 requirements.
Section 2.4. Section 2.4 of the Credit Agreement is hereby amended by replacing the ultimate sentence thereof with the following: When TGPL ceases to be a Borrower, the Revolving Credit Commitments for TGPL shall be terminated, TGPL shall repay all Obligations owing by TGPL and all Letters of Credit issued at the request of TGPL shall be terminated or TGPL shall provide cash collateral to the Agent in an amount equal to the undrawn face amount of such Letters of Credit. When NWP ceases to be a Borrower, the Revolving Credit Commitments for NWP shall be terminated, NWP shall repay all Obligations owing by NWP and all Letters of Credit issued at the request of NWP shall be terminated or NWP shall provide cash collateral to the Agent in an amount equal to the undrawn face amount of such Letters of Credit.