Common use of SEPARABILITY AND SAVINGS CLAUSE Clause in Contracts

SEPARABILITY AND SAVINGS CLAUSE. If any article or section of this Agreement or of any Supplements thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements thereto, or the application of such article or section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory replacement for such article or section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.

Appears in 5 contracts

Samples: National Master Freight Agreement (Yrc Worldwide Inc), Collective Bargaining Agreement (Arkansas Best Corp /De/), YRC Worldwide Inc.

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SEPARABILITY AND SAVINGS CLAUSE. If any article or section of this Agreement agreement or of any Supplements supplements or riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, jurisdiction or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement agreement and of any Supplements thereto, supplements or the riders thereto or application of such article or section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, restrained shall not be affected thereby. In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory replacement for such article or section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands demands, notwithstanding any any, provisions of this Agreement agreement to the contrary.

Appears in 2 contracts

Samples: Agreement, Agreement

SEPARABILITY AND SAVINGS CLAUSE. If any article or section of this Agreement agreement or of any Supplements supplements or riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, jurisdiction or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements thereto, or the application of such article or section Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, restrained shall not be affected thereby. In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory replacement for such article or section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands demands, notwithstanding any any, provisions of this Agreement to the contrary.

Appears in 2 contracts

Samples: Agreement, Agreement

SEPARABILITY AND SAVINGS CLAUSE. If any article Article or section Section of this Agreement or of any Supplements or Riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article Article or section Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements or Riders thereto, or the application of such article Article or section Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article Article or section Section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of or written notice of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory replacement for such article Article or section Section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.

Appears in 2 contracts

Samples: Agreement, Agreement

SEPARABILITY AND SAVINGS CLAUSE. If any article Article or section Section of this Agreement or of any Supplements thereto should hereto be held invalid by operation of law or by any tribunal of or competent jurisdiction, or if compliance with or enforcement of any article Article or section Section should be restrained by such tribunal pending a final determination de- termination as to its validity, validity the remainder of this Agreement and of any Supplements theretohereto, or the application of such article Article or section Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article Article or section Section is held invalid or enforcement enforce- ment of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either the Employer or the Union for the purpose of arriving at a mutually satisfactory replacement for of such article Article or section Section during the period of invalidity or restraint. There shall be no limitation limitations of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or and economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.

Appears in 1 contract

Samples: California Supplemental Agreement

SEPARABILITY AND SAVINGS CLAUSE. If any article or section of this Agreement Contract or of any Supplements riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement Contract and of any Supplements Rider thereto, or the application of such article or section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice upon the request of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory legal replacement for such article or section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory legal replacement within sixty (60) days after receipt beginning of the stated written noticeperiod of invalidity or restraint, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of provision in this Agreement Contract to the contrary.

Appears in 1 contract

Samples: Morgan Products LTD

SEPARABILITY AND SAVINGS CLAUSE. 1. If any article Article or section Section of this Agreement or of any Supplements thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article Article or section Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements thereto, or the application of such article Article or section Section to persons or circumstances other than those as to which it has been held invalid invalid, or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. 2. In the event that any article Article or section Section is held invalid or enforcement of or compliance with which has been restrained, restrained as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory replacement for of such article Article or section Section during the period of invalidity or restraint. There shall be no limitation limitations of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.TENTATIVE AGREEMENT

Appears in 1 contract

Samples: Collective Bargaining Agreement

SEPARABILITY AND SAVINGS CLAUSE. If any article or section of this Agreement or of any Supplements thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements thereto, or the application of such article or section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory replacement for such article or section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within within-sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.

Appears in 1 contract

Samples: National Master Freight Agreement (Arkansas Best Corp /De/)

SEPARABILITY AND SAVINGS CLAUSE. If any article or section of this Agreement or of any Supplements thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements thereto, or the application of such article or section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article or section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory replacement for such article or section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party then the matter shall be permitted all legal or economic recourse in support promptly submitted to and resolved by the National Grievance Committee which shall issue a decision implementing one of its demands notwithstanding any the parties’ final offers. The No Strike/No Lockout provisions of this Agreement to Article 7 shall remain in full force and effect in the contraryevent of such negotiations.

Appears in 1 contract

Samples: Teamsters And

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SEPARABILITY AND SAVINGS CLAUSE. If any article Article or section Section of this Agreement Contract or of any Supplements Riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article Article or section Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement Contract and of any Supplements Rider thereto, or the application of such article Article or section Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article Article or section Section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice negotiations, upon the request of the desired amendments by either Employer or Union Association, for the purpose of arriving at a mutually satisfactory replacement for such article Article or section Section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written noticereplacement, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of provision in this Agreement Contract to the contrary.

Appears in 1 contract

Samples: Agreement

SEPARABILITY AND SAVINGS CLAUSE. If any article Article or section Section of this Agreement or of any Supplements supplements or riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article Article or section Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements thereto, supplements and riders thereof or the application of such article Article or section Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article Article or section Section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of or written notice of the desired amendments by either Employer the Borough or the Union for the purpose of arriving at a mutually satisfactory replacement for such article Articles or section Section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated state written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.

Appears in 1 contract

Samples: Labor Agreement

SEPARABILITY AND SAVINGS CLAUSE. If any article Article or section Section of this Agreement or of any Supplements thereto Rider thereto, should be held invalid by operation operations of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article Article or section Section should be restrained by such tribunal Tribunal pending a final determination as to its validity, validity the remainder of this Agreement and of any Supplements Riders thereto, or the application of such article Article or section Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, restrained shall not be affected thereby. In the event that any article Article or section Section is held invalid or enforcement of or by compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of written notice of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory replacement for such article Article or section Section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.written

Appears in 1 contract

Samples: 2001 Agreement (Sleepmaster LLC)

SEPARABILITY AND SAVINGS CLAUSE. If any article Article or section Section of this Agreement or of any Supplements or Riders thereto should be held invalid by operation of or law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article Article or section Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements or Riders thereto, or the application of such article Article or section Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article Article or section Section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of or written notice of the desired amendments by either Employer or Union for the purpose of arriving at a mutually satisfactory replacement for such article Article or section Section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.

Appears in 1 contract

Samples: Agreement

SEPARABILITY AND SAVINGS CLAUSE. If any article Article or section Section of this Agreement or of any Supplements supplements or riders thereto should be held invalid by operation of law or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article Article or section Section should be restrained by such tribunal pending a final determination as to its validity, the remainder of this Agreement and of any Supplements thereto, supplements and riders thereof or the application of such article Article or section Section to persons or circumstances other than those as to which it has been held invalid or as to which compliance with or enforcement of has been restrained, shall not be affected thereby. In the event that any article Article or section Section is held invalid or enforcement of or compliance with which has been restrained, as above set forth, the parties affected thereby shall enter into immediate collective bargaining negotiations after receipt of or written notice of the desired amendments by either Employer the Borough or the Union for the purpose of arriving at a mutually satisfactory replacement for such article Articles or section Section during the period of invalidity or restraint. There shall be no limitation of time for such written notice. If the parties do not agree on a mutually satisfactory replacement within sixty (60) days after receipt of the stated state written notice, either party shall be permitted all legal or economic recourse in support of its demands notwithstanding any provisions of this Agreement to the contrary.

Appears in 1 contract

Samples: Labor Agreement

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