Statutory Preemption Clause Samples

The Statutory Preemption clause establishes that if any part of the agreement conflicts with applicable laws or regulations, the statutory requirements will take precedence over the contract terms. In practice, this means that if a provision in the contract is rendered invalid or unenforceable due to a change in law or an existing statute, the relevant legal requirement will override the conflicting contractual language, while the rest of the agreement remains in effect. This clause ensures that the contract remains compliant with governing laws and prevents parties from being bound by terms that are illegal or unenforceable, thereby maintaining the validity and enforceability of the agreement as a whole.
Statutory Preemption. This article preempts any conflicting state statutes (including Texas Local Government Code Chapter 143, Sections 143.021, 143.028, 143.029, 143.031, 143.036, 143.085, City ordinances, executive orders, civil service provisions, or rules adopted by the Chief of Police or City or by any division or agent of the City, including any City personnel board and the Firefighters and Police Officers Civil Service Commission, as provided by Texas Local Government Code Section 142.067.
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Statutory Preemption. To the extent that any of these provisions are in conflict with the TLGC Chapter 141, 152 or 143, this provision shall prevail.
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Statutory Preemption. This Article preempts any conflicting state statutes (including Texas Local Government Code Chapters 141, 142 and 143, Sections TLGC §142.0015{f)‐(j) to the extent of any conflict as provided by TLGC §142.067. It is agreed by both Parties that this provision of the Agreement shall remain in full force and effect through September 30, 2020 or until superseded by a subsequent agreement. As permitted by the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(o), the City may compensate eligible nonexempt Officers with compensatory time in lieu of overtime compensation required by the FLSA, 29 U.S.C. § 207 or Article 7. Such compensatory time will be at a rate of not less than one and one‐ half hour for each hour of employment for which overtime compensation is required by 29 U.S.C. § 207 or Article
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Statutory Preemption. To the extent of any conflict, the provisions of this article preempt TLGC Chapter 143 including Section 143.024, 143.026, 143.033, 143.036, 143.107 and to the extent that any of these provisions are in conflict with the TLGC Chapter 141, 142 and 143, this provision shall prevail.
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Related to Statutory Preemption

  • Step-In Rights 11.1 Without prejudice to the provisions of Schedule 4 (Performance Management) or to any remedy that the Authority may have (whether under this Agreement or otherwise): 11.1.1 where the Authority reasonably believes that the Operator’s failure to provide any part of the Services to the relevant Service Level or otherwise in accordance with this Agreement has an adverse, material impact on the business of the Authority or on the running of the Scheme;‌ 11.1.2 where the Authority reasonably believes that the Operator is about to commit such a failure which, if committed, would have such an impact; 11.1.3 where the Authority considers it necessary in order to carry out any of its statutory obligations, functions or other duties; 11.1.4 on the occurrence of a Force Majeure Event; or 11.1.5 on the occurrence of an Insolvency Event in respect of the Operator, the Authority may, by giving such written notice to the Operator as the Authority considers reasonable in the circumstances, exercise its right under Clause 11.2. 11.2 In the circumstances set out in Clause 11.1 the Authority may make arrangements for the Authority to provide and perform itself or through another contractor, such part of the Services as it decides in its discretion. Where any failure on the Operator's part is, in the reasonable opinion of the Authority, due to the failure of the Operator's management or supervisory staff to perform their work adequately or at all, or is due to the absence or insufficiency of such staff, the Authority may cause the relevant Services to be managed and supervised by the Authority's own staff, or the staff of another contractor and the Operator shall be relieved of its obligations hereunder insofar as they relate directly to the Services removed from its control and only during the period the Services are removed from its control. 11.3 Where the Authority exercises its right pursuant to Clause 11.2, the Operator shall:- 11.3.1 provide the Authority and Authority Personnel such access as is necessary for the Authority to exercise its right; 11.3.2 grant and procure that any Sub-Contractor or relevant third party grants the Authority such licences as are reasonably required (for itself or a contractor appointed to perform the step-in services) for the purposes of the Authority exercising its right; 11.3.3 afford (and procure that its Sub-Contractors afford) to the Authority (and any contractor appointed to perform the step-in services) such co-operation and access to any of the Operator's Intellectual Property, the Third Party Intellectual Property, Operator systems, premises, equipment, documents, information or other items as are reasonably required for the purposes of exercising its right; and‌ 11.3.4 reimburse the Authority for any Losses incurred in taking the actions described in Clause 11.2.

  • Liens and Encumbrances The Company shall not directly or indirectly make, create, incur, assume or permit to exist any assignment, transfer, pledge, mortgage, security interest or other lien or encumbrance of any nature in, to or against any part of the Pledged Property or of the Company's capital stock, or offer or agree to do so, or own or acquire or agree to acquire any asset or property of any character subject to any of the foregoing encumbrances (including any conditional sale contract or other title retention agreement), or assign, pledge or in any way transfer or encumber its right to receive any income or other distribution or proceeds from any part of the Pledged Property or the Company's capital stock; or enter into any sale-leaseback financing respecting any part of the Pledged Property as lessee, or cause or assist the inception or continuation of any of the foregoing.