Stipulations. The following stipulations apply to this MOU: i) Notwithstanding any other provision in this MOU, the Parties agree that this MOU is not legally binding and does not create any legal, equitable, or financial rights, obligations, or liabilities for any of the Parties; ii) In the case of any differences the Parties shall make all efforts to settle the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum; iii) This MOU may be altered or repealed by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. However, the early termination of this MOU shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to by the Parties in writing. iv) Each Party agrees to obtain the prior written consent of each other Party to any use of such other Party’s name or logo in a press release, website, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOU. v) The Parties acknowledge that this MOU does not create a legal entity, nor does it authorize any Party to make commitments on behalf of the other(s); vi) Nothing in this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out the terms of this MOU; vii) This MOU constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between the Parties with respect to the subject matter of this MOU; viii) This MOU shall be effective from the date of the last affixing signature by the Parties and shall remain valid for a period of one (1) year from that date, subject to any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisions. ix) The implementation of this MOU and any activity undertaken pursuant to this MOU will be in accordance with the respective applicable laws, regulations, rules, procedures, mechanisms, programs, or policies applicable to the Parties and the jurisdiction governing the operation of the Parties. This MOU does not constitute a waiver by CII, NJDOS or Rowan of Sovereign Immunity or acceptance by any Party to the jurisdiction of the courts of the country or state of the other Party.
Appears in 1 contract
Sources: Memorandum of Understanding
Stipulations. The following stipulations apply to this MOUParties further stipulate and agree that:
i) Notwithstanding A. They have entered into this Agreement freely and voluntarily.
B. They may mutually agree in writing to extend any other provision time limits in this MOU, the Parties agree that Agreement.
C. They will fulfill their obligations under this MOU is not legally binding and Agreement in good faith.
D. This Settlement Agreement does not create any legalconstitute an admission of guilt, equitablefault, or financial rights, obligations, or liabilities for any of the Parties;
ii) In the case of any differences the Parties shall make all efforts to settle the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum;
iii) This MOU may be altered or repealed wrongdoing by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. However, the early termination of this MOU shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to by the Parties in writingeither party.
iv) Each Party agrees to obtain the prior written consent of each other Party to any use of such other Party’s name or logo in E. This Agreement constitutes a press release, website, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOU.
v) The Parties acknowledge that this MOU does not create a legal entity, nor does it authorize any Party to make commitments on behalf of the other(s);
vi) Nothing in this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out the terms of this MOU;
vii) This MOU constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between the Parties with respect to the subject matter of this MOU;
viii) This MOU shall be effective from the date of the last affixing signature joint effort by the Parties and shall remain valid for a period of one (1) year from that date, subject to should not be construed against any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisions.
ix) F. The implementation negotiations leading up to this Agreement, the data, documents, or information exchanged between the Parties in the course of negotiations of this MOU and any activity undertaken pursuant to this MOU will Agreement, may not be in accordance with the respective applicable lawsoffered, regulationstaken, rules, procedures, mechanisms, programsconstrued, or policies applicable to introduced as evidence of liability or as an admission or statement of wrongdoing by either party in this action or in any subsequent proceeding of any nature.
G. The obligations of the Parties specified above constitute consideration sufficient to render this Agreement enforceable by either party.
H. This Agreement constitutes the entire understanding between the Parties regarding the resolution and the jurisdiction governing the operation settlement of the Parties. This MOU does not constitute a waiver by CIINational Grievance, NJDOS and there are no other terms or Rowan of Sovereign Immunity commitments, verbal or acceptance by any Party to written, regarding the jurisdiction settlement of the courts National Grievance. No other promises or agreements shall be binding unless placed in writing and signed by the Parties.
I. They may submit the Agreement as evidence of withdrawal of the country National Grievance and all actions, claims, complaints, grievances, appeals or state proceedings of whatever nature arising from the other Partyallegations contained in the National Grievance.
J. All the time limits in this Agreement are in calendar days. If a time limit expires on a Saturday, Sunday, or a Federal Holiday, then the time limit shall expire on the next business day.
K. Either party may bring a claim in the form of a grievance arising from the breach of any term of this Agreement.
Appears in 1 contract
Sources: Settlement Agreement
Stipulations. A. The following stipulations apply Parties have entered into this Agreement freely and voluntarily.
B. The obligations of the Parties specified above constitute consideration sufficient to render this MOU:Agreement enforceable by either party.
i) Notwithstanding C. This Agreement shall not serve as precedent for resolving any other provision in this MOUcomplaints, the Parties agree that this MOU is not legally binding and does not create any legalgrievances, equitableappeals, or financial rights, obligations, or liabilities for any of the Parties;
ii) In the case of any differences the Parties shall make all efforts to settle the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum;
iii) This MOU actions that may be altered or repealed by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. However, the early termination of this MOU shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to by the Parties in writingfiled.
iv) Each Party agrees to obtain the prior written consent of each other Party to any use of such other Party’s name or logo in a press release, website, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOU.
v) The Parties acknowledge that this MOU does not create a legal entity, nor does it authorize any Party to make commitments on behalf of the other(s);
vi) Nothing in this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out the terms of this MOU;
vii) D. This MOU Agreement constitutes the entire agreement understanding between the Parties regarding the resolution and supersedes settlement of the Grievance, and there are no other terms or commitments, verbal or written, regarding this settlement. No other promises or agreements shall be binding unless placed in writing and signed by the Parties.
E. Either party may bring a claim in the form of a grievance for the breach of any term of this Agreement.
F. This Agreement may not be modified, except by a written agreement signed by the Parties.
G. The Agency or the Union may submit this Agreement as evidence of the withdrawal of the Grievance and all prior actions, claims, complainants, grievances, appeals or proceedings of whatever nature arising from the allegations contained therein.
H. The effective date of this Agreement is the date that both the Union and contemporaneous agreements and understandingsAgency officials have executed this Agreement. The last date of either execution shall be controlling.
I. The negotiations leading up to this Agreement, whether written the data, documents, or oral, information exchanged between the Parties with respect to parties in the subject matter course of negotiations of this MOU;Agreement, may not be offered, taken, construed, or introduced as evidence of liability or as an admission or statement of wrongdoing by either party in this action or in any subsequent proceeding of any nature.
viii) J. The Parties shall be deemed to have cooperated in the drafting and preparation of this Agreement. Hence, at no time shall this Agreement be construed against any Party, nor in any Partys favor.
K. This MOU Agreement may be executed in counterparts and each executed counterparts, each executed counterpart shall be effective from as the date of original, and all such counterparts shall constitute one and the last affixing signature by the Parties and shall remain valid for a period of one (1) year from that date, subject to any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisionssame instrument.
ix) The implementation of this MOU and any activity undertaken pursuant to this MOU will be in accordance with the respective applicable lawsL. All faxed, regulations, rules, procedures, mechanisms, programsemailed, or policies applicable to the Parties and the jurisdiction governing the operation of the Parties. This MOU does not electronic signatures affirming this Agreement constitute a waiver by CII, NJDOS or Rowan of Sovereign Immunity or acceptance by any Party to the jurisdiction of the courts of the country or state of the other Partyan ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ture.
Appears in 1 contract
Sources: Settlement Agreement
Stipulations. A. The following stipulations apply to Parties have entered into this MOU:Agreement freely and voluntarily.
i) Notwithstanding any other provision in this MOU, the Parties agree that this MOU is not legally binding and does not create any legal, equitable, or financial rights, obligations, or liabilities for any of the Parties;
ii) In the case of any differences the Parties shall make all efforts to settle the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum;
iii) This MOU may be altered or repealed by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. However, the early termination of this MOU shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to B. The Agreement constitutes a joint effort by the Parties in writingand should not be construed against any party.
iv) Each Party agrees to obtain the prior written consent C. The Agreement does not constitute an admission of each other Party to any use of such other Party’s name or logo in a press releaseguilt, websitefault, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOUwrongdoing by either party.
v) D. The Parties acknowledge that negotiations leading up to this MOU does not create a legal entityAgreement, nor does it authorize any Party to make commitments on behalf the data, documents, or information exchanged between the parties in the course of the other(s);
vi) Nothing in negotiating this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out Agreement or the terms of this MOU;Agreement, may not be offered, taken, construed, or introduced as evidence of liability or as an admission or statement of wrongdoing by either party in this action or in any subsequent proceeding of any nature.
vii) This MOU E. The obligations of the Parties specified above constitute consideration sufficient to render this Agreement enforceable by either party.
F. The Agreement addresses unique circumstances and shall not serve as precedent or past practice for resolving any other matter involving the Agency.
G. The Agreement constitutes the entire agreement understanding between the Parties regarding the resolution and supersedes all prior settlement of the Grievances, and contemporaneous there are no other terms or commitments, verbal or written, regarding this settlement. No other promises or agreements shall be binding unless placed in writing and understandingssigned by the Parties.
H. The Parties will not institute any legal and/or administrative proceeding in any forum, whether written or oralany sort, between against any other party to this Agreement, based on the Parties with respect claims related to or arising from the subject matter allegations underlying this matter, other than in the case of an alleged breach of this MOU;Agreement.
viii) This MOU shall be effective I. The Agency or the Union may submit this Agreement as evidence of the withdrawal of the Grievances and all actions, claims, complaints, grievances, appeals or proceedings of whatever nature arising from the allegations contained therein.
J. The effective date of the last affixing signature by Agreement is the Parties and shall remain valid for a period of one (1) year from that date, subject to any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisionsdate on which it becomes fully executed.
ixK. All the time limits in the Agreement are in calendar days. If a time limit expires on a Saturday, Sunday, or a Federal Holiday, then the time limit shall expire on the next business day. The Parties may mutually agree in writing to extend any time limits in this Agreement.
L. If a binding determination is made that any term(s) The implementation of this MOU and Agreement is/are unenforceable, such unenforceability shall not affect any activity undertaken pursuant to other provisions of this MOU will be in accordance with the respective applicable lawsAgreement, regulations, rules, procedures, mechanisms, programs, or policies applicable to the Parties and the jurisdiction governing the operation remaining terms of the Parties. This MOU does not constitute a waiver this Agreement shall, unless prohibited by CIIlaw, NJDOS or Rowan of Sovereign Immunity or acceptance by any Party to the jurisdiction of the courts of the country or state of the other Partyremain effective as if such unenforceable provision(s) was/were never contained herein.
Appears in 1 contract
Sources: Settlement Agreement
Stipulations. The following stipulations apply Parties further stipulate and agree:
A. They have entered into this Settlement Agreement freely and voluntarily.
B. They may mutually agree in writing to extend any time limits in this Settlement Agreement.
C. This Settlement Agreement constitutes a joint effort by the Parties and should not be construed against any party.
D. They agree to fulfill their obligations under this Settlement Agreement in good faith.
E. The obligations of the Parties specified above constitute consideration sufficient to render this Agreement enforceable by either party.
F. This Agreement constitutes the entire understanding between the Parties regarding the resolution and settlement of this matter, and there are no other terms or commitments, verbal or written, regarding the settlement of this matter. No other promises or agreements shall be binding unless placed in writing and signed by the Parties.
G. The negotiations leading up to this MOU:Settlement Agreement and the documents or information exchanged between the Parties in the course of negotiations of this Settlement Agreement up through the effective date may not be offered or introduced as evidence for any purpose.
i) Notwithstanding any other provision H. They accept the terms of this Settlement Agreement as the full settlement and satisfaction of the cases described herein.
I. The Parties may submit the Settlement Agreement as evidence of withdrawal of the actions, claims, complaints, grievances, or proceedings of whatever nature arising from the matters identified herein.
J. All the time limits in this MOUSettlement Agreement are in calendar days. If a time limit expires on a Saturday, the Parties agree that this MOU is not legally binding and does not create any legal, equitableSunday, or financial rightsa Federal Holiday, obligationsthen the time limit shall expire on the next business day.
K. The “effective date” of this Agreement is the last date upon which this Agreement has been signed by either party as noted below.
L. Either party may bring a claim in the form of a grievance arising from the breach of any term of this Agreement.
M. If any term of this Settlement Agreement is determined to be invalid, illegal, or liabilities for any unenforceable by the Federal Labor Relations Authority or a court of the Parties;
ii) In the case of any differences the Parties shall make all efforts to settle the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum;
iii) This MOU may be altered or repealed by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. Howevercompetent jurisdiction, the early termination of this MOU it shall not affect the implementation enforceability of any activitiesother term of this Settlement Agreement. Rather, projectsthe invalid, illegal, or programsunenforceable term shall be modified so that it is valid, which have already commenced legal, and are subject to separate agreements prior to such termination unless otherwise agreed to by the Parties in writing.
iv) Each Party agrees to obtain the prior written consent of each other Party to any use of such other Party’s name or logo in a press release, website, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation enforceable and to the processing of personal data under this MOU.
v) The Parties acknowledge that this MOU does not create a legal entityfullest extent possible, nor does it authorize any Party to make commitments on behalf and reflects the intention of the other(s);
vi) Nothing in this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out the terms of this MOU;
vii) This MOU constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between the Parties with respect to the subject matter of this MOU;
viii) This MOU shall be effective from the date of the last affixing signature by the Parties and shall remain valid for a period of one (1) year from that date, subject to any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisionsparties.
ix) The implementation of this MOU and any activity undertaken pursuant to this MOU will be in accordance with the respective applicable laws, regulations, rules, procedures, mechanisms, programs, or policies applicable to the Parties and the jurisdiction governing the operation of the Parties. This MOU does not constitute a waiver by CII, NJDOS or Rowan of Sovereign Immunity or acceptance by any Party to the jurisdiction of the courts of the country or state of the other Party.
Appears in 1 contract
Sources: Settlement Agreement
Stipulations. A. The following stipulations apply to Parties have entered into this MOU:
i) Notwithstanding any other provision in this MOU, the Parties agree that this MOU is not legally binding Agreement freely and does not create any legal, equitable, or financial rights, obligations, or liabilities for any of the Parties;
ii) In the case of any differences the Parties shall make all efforts to settle the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum;
iii) This MOU may be altered or repealed by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. However, the early termination of this MOU shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to by the Parties in writingvoluntarily.
iv) Each Party agrees to obtain the prior written consent of each other Party to any use of such other Party’s name or logo in B. The Agreement constitutes a press release, website, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOU.
v) The Parties acknowledge that this MOU does not create a legal entity, nor does it authorize any Party to make commitments on behalf of the other(s);
vi) Nothing in this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out the terms of this MOU;
vii) This MOU constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between the Parties with respect to the subject matter of this MOU;
viii) This MOU shall be effective from the date of the last affixing signature joint effort by the Parties and shall remain valid for a period of one (1) year from that date, subject to should not be construed against any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisions.
ix) The implementation of this MOU and any activity undertaken pursuant to this MOU will be in accordance with the respective applicable laws, regulations, rules, procedures, mechanisms, programs, or policies applicable to the Parties and the jurisdiction governing the operation of the Parties. C. This MOU Agreement does not constitute a waiver an admission of guilt, fault, or wrongdoing by CII, NJDOS or Rowan of Sovereign Immunity or acceptance by any Party to the jurisdiction either party.
D. The obligations of the courts Parties specified above constitute consideration sufficient to render this Agreement enforceable by either party.
E. This Agreement addresses unique circumstances and shall not serve as precedent or past practice for resolving any other matter involving the Agency.
F. This Agreement constitutes the entire understanding between the Parties regarding the resolution and settlement of the country Grievance, and there are no other terms or state commitments, verbal or written, regarding this settlement. No other promises or agreements shall be binding unless placed in writing and signed by the Parties.
G. The Parties will not institute any legal and/or administrative proceeding in any forum, or any sort, against any other party to this Agreement, based on the claims related to or arising from the allegations underlying this matter, other than in the case of an alleged breach of this Agreement.
H. The Parties agree to fulfill their obligations under this Agreement in good faith.
I. The Agency or the Union may submit this Agreement as evidence of the withdrawal of the Grievance and all actions, claims, complaints, grievances, appeals or proceedings of whatever nature arising from the allegations contained therein.
J. The effective date of this Agreement is the date on which it becomes fully executed.
K. The negotiations leading up to this Agreement, the data, documents, or information exchanged between the parties in the course of negotiations of this Agreement, may not be offered, taken, construed, or introduced as evidence of liability or as an admission or statement of wrongdoing by either party in this action or in any subsequent proceeding of any nature.
L. All the time limits in this Agreement are in calendar days. If a time limit expires on a Saturday, Sunday, or a Federal Holiday, then the time limit shall expire on the next business day.
M. If a binding determination is made that any term(s) of this Agreement is/are unenforceable, such unenforceability shall not affect any other Partyprovisions of this Agreement, and the remaining terms of this Agreement shall, unless prohibited by law, remain effective as if such unenforceable provision(s) was/were never contained herein.
Appears in 1 contract
Sources: Settlement Agreement
Stipulations. The following stipulations apply to this MOUParties further stipulate and agree:
i) Notwithstanding any other provision in A. The Parties have entered into this MOU, the Parties agree that this MOU is not legally binding Agreement freely and does not create any legal, equitable, or financial rights, obligations, or liabilities for any of the Parties;
ii) In the case of any differences the Parties shall make all efforts to settle the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum;
iii) This MOU may be altered or repealed by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. However, the early termination of this MOU shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to by the Parties in writingvoluntarily.
iv) Each Party agrees to obtain the prior written consent of each other Party to any use of such other Party’s name or logo in B. The Agreement constitutes a press release, website, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOU.
v) The Parties acknowledge that this MOU does not create a legal entity, nor does it authorize any Party to make commitments on behalf of the other(s);
vi) Nothing in this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out the terms of this MOU;
vii) This MOU constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between the Parties with respect to the subject matter of this MOU;
viii) This MOU shall be effective from the date of the last affixing signature joint effort by the Parties and shall remain valid for a period of one (1) year from that date, subject to should not be construed against any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisions.
ix) The implementation of this MOU and any activity undertaken pursuant to this MOU will be in accordance with the respective applicable laws, regulations, rules, procedures, mechanisms, programs, or policies applicable to the Parties and the jurisdiction governing the operation of the Parties. C. This MOU Agreement does not constitute a waiver an admission of guilt, fault, or wrongdoing by CII, NJDOS or Rowan of Sovereign Immunity or acceptance by any Party to the jurisdiction either party.
D. The obligations of the courts Parties specific above constitute consideration sufficient to render this Agreement enforceable by either party.
E. This Agreement addresses unique circumstances and shall not serve as precedent or past practice for resolving any other complaints, grievances, appeals, or actions involving the Department.
F. This Agreement constitutes the entire understanding between the Parties regarding the resolution and settlement of NG-12/20/22, and there are no other terms or commitments, verbal or written, regarding this settlement. No other promises or agreements shall be binding unless placed in writing and signed by the Parties.
G. The Parties will not institute any further legal and/or administrative proceeding in any forum, or any sort, against any other party to this Agreement, based on the claims related to or arising from the allegations underlying this matter, other than in the case of an alleged breach of this Agreement, in which case either party may bring a claim in the form of a grievance arising from the breach of any term of this Agreement.
H. The Parties agree to fulfill their obligation under this Agreement in good faith.
I. The Department or the Union may submit this Agreement as evidence of the country withdrawal of NG-12/20/22 and all actions, claims, complaints, grievances, appeals or state proceedings of whatever nature arising from the allegations contained therein.
J. The effective date of this Agreement is the date on which it becomes fully executed.
K. The negotiations leading up to this Agreement, the data, documents, or information exchanged between the Parties in the course of negotiations of this Agreement, may not be offered, taken, construed, or introduced as evidence of liability or as an admission or statement of wrongdoing by either party in this action or in any subsequent proceeding of any nature.
L. All the time limits in this Agreement are in calendar days. If a time limit expires on a Saturday, Sunday, or a Federal Holiday, then the time limit shall expire on the next business day.
M. If a binding determination is made that any term(s) of this Agreement is/are unenforceable, such unenforceability shall not affect any other Partyprovisions of this Agreement, and the remaining terms of this Agreement shall, unless prohibited by law, remain effective as if such unenforceable provision(s) was/were never contained herein.
N. This Agreement may not be modified, except by a written agreement signed by the Parties.
Appears in 1 contract
Sources: Settlement Agreement
Stipulations. A. The following stipulations apply Parties have entered into this Agreement freely and voluntarily.
B. The obligations of the Parties specified above constitute consideration sufficient to render this MOU:Agreement enforceable by either party.
i) Notwithstanding C. This Agreement shall not serve as precedent for resolving any other provision in this MOUcomplaints, grievances, appeals, or actions that may be filed.
D. This Agreement constitutes the entire understanding between the Parties agree that this MOU is not legally binding regarding the resolution and does not create any legal, equitable, or financial rights, obligations, or liabilities for any settlement of the Grievance, and there are no other terms or commitments, verbal or written, regarding this settlement. No other promises or agreements shall be binding unless placed in writing and signed by the Parties;.
ii) In E. Either party may bring a claim in the case form of a grievance for the breach of any differences term of this Agreement.
F. This Agreement may not be modified, except by a written agreement signed by the Parties shall make all efforts to settle Parties.
G. The Agency or the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum;
iii) This MOU Union may be altered or repealed by mutual consultation and consent submit this Agreement as evidence of the Parties. This MOU may be modified only by written agreement withdrawal/dismissal of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice Grievance and all actions, claims, complainants, grievances, appeals or proceedings of its withdrawal. However, whatever nature arising from the early termination allegations contained therein.
H. The effective date of this MOU Agreement is the date that both the Union and Agency officials have executed this Agreement. The last date of either execution shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to by the Parties in writingbe controlling.
iv) Each Party agrees to obtain the prior written consent of each other Party to any use of such other Party’s name or logo in a press release, website, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOU.
v) I. The Parties acknowledge that this MOU does not create a legal entity, nor does it authorize any Party to make commitments on behalf of the other(s);
vi) Nothing in this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out the terms of this MOU;
vii) This MOU constitutes Agreement, the entire agreement negotiations leading up to this Agreement, the data, documents, or information exchanged between the Parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between parties in the Parties with respect to the subject matter course of negotiations of this MOU;Agreement, may not be offered, taken, construed, or introduced as evidence of liability or as an admission or statement of wrongdoing by either party in this action or in any subsequent proceeding of any nature.
viii) J. The Parties shall be deemed to have cooperated in the drafting and preparation of this Agreement. Hence, at no time shall this Agreement be construed against any Party, nor in any Party’s favor.
K. This MOU Agreement may be executed in counterparts and each executed counterparts, each executed counterpart shall be effective from as the date of original, and all such counterparts shall constitute one and the last affixing signature by the Parties and shall remain valid for a period of one (1) year from that date, subject to any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisionssame instrument.
ix) The implementation of this MOU and any activity undertaken pursuant to this MOU will be in accordance with the respective applicable lawsL. All faxed, regulations, rules, procedures, mechanisms, programsemailed, or policies applicable to the Parties and the jurisdiction governing the operation of the Parties. This MOU does not electronic signatures affirming this Agreement constitute a waiver by CII, NJDOS or Rowan of Sovereign Immunity or acceptance by any Party to the jurisdiction of the courts of the country or state of the other Partyan original signature.
Appears in 1 contract
Sources: Settlement Agreement
Stipulations. A. The following stipulations apply Parties have entered into this Agreement freely and voluntarily.
B. The terms of this Agreement, the negotiations leading up to this MOU:Agreement, the data, documents, or information exchanged between the parties in the course of negotiations of this Agreement, may not be offered, taken, construed, or introduced as evidence of liability or as an admission or statement of wrongdoing by either party in this action or in any subsequent proceeding of any nature.
i) Notwithstanding C. The obligations of the Parties specified above constitute consideration sufficient to render this Agreement enforceable by either party.
D. This Agreement shall not serve as precedent for resolving any other provision complaints, grievances, appeals, or actions that may be filed.
E. This Agreement constitutes the entire understanding between the Parties regarding the resolution and settlement of NG-9/19/22, and there are no other terms or commitments, verbal or written, regarding this settlement.
F. Either party may bring a claim in the form of a grievance for the breach of any term of this Agreement. The parties agree to fulfil their obligations under this Agreement in good faith.
G. This Agreement may not be modified, except by a written agreement signed by the Parties.
H. The effective date of this Agreement is the date on which it becomes fully executed.
I. The Parties may extend timelines in this MOU, Agreement with mutual consent.
J. The Agency or the Parties agree that Union may submit this MOU is not legally binding and does not create any legal, equitable, or financial rights, obligations, or liabilities for any Agreement as evidence of the Parties;withdrawal of NG-9/19/22 and all actions, claims, complainants, grievances, appeals or proceedings of whatever nature arising from the allegations contained therein.
ii) In the case of any differences the K. The Parties shall make all efforts be deemed to settle have cooperated in the disputes amicably through mutual discussion drafting and negotiation and preparation of this Agreement. Hence, at no time shall create no legal cause of action this Agreement be construed against any part, nor in any forum;party’s favor.
iii) L. This MOU Agreement may be altered or repealed by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. However, the early termination of this MOU shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to by the Parties executed in writing.
iv) Each Party agrees to obtain the prior written consent of each other Party to any use of such other Party’s name or logo in a press release, website, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOU.
v) The Parties acknowledge that this MOU does not create a legal entity, nor does it authorize any Party to make commitments on behalf of the other(s);
vi) Nothing in this MOU shall create any financial obligations for any of the Partiescounterparts, and each Party agrees to bear its own costs associated with carrying out the terms of this MOU;
vii) This MOU constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between the Parties with respect to the subject matter of this MOU;
viii) This MOU executed counterpart shall be effective from as the date of original. All such counterparts shall constitute one and the last affixing signature by the Parties and shall remain valid for a period of one (1) year from that datesame instrument. All faxed, subject to any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisions.
ix) The implementation of this MOU and any activity undertaken pursuant to this MOU will be in accordance with the respective applicable laws, regulations, rules, procedures, mechanisms, programsemailed, or policies applicable to the Parties and the jurisdiction governing the operation of the Parties. This MOU does not electronic signatures affirming this Agreement constitute a waiver by CII, NJDOS or Rowan of Sovereign Immunity or acceptance by any Party to the jurisdiction of the courts of the country or state of the other Partyan original signature.
Appears in 1 contract
Sources: Settlement Agreement
Stipulations. The following stipulations apply to this MOUParties further stipulate and agree:
i) Notwithstanding any other provision in A. They have entered into this MOU, the Parties agree that this MOU is not legally binding Agreement freely and does not create any legal, equitable, or financial rights, obligations, or liabilities for any of the Parties;
ii) In the case of any differences the Parties shall make all efforts to settle the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum;
iii) This MOU may be altered or repealed by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. However, the early termination of this MOU shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to by the Parties in writingvoluntarily.
iv) Each Party agrees to obtain the prior written consent of each other Party to any use of such other Party’s name or logo in B. The Agreement constitutes a press release, website, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOU.
v) The Parties acknowledge that this MOU does not create a legal entity, nor does it authorize any Party to make commitments on behalf of the other(s);
vi) Nothing in this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out the terms of this MOU;
vii) This MOU constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, between the Parties with respect to the subject matter of this MOU;
viii) This MOU shall be effective from the date of the last affixing signature joint effort by the Parties and shall remain valid for a period of one (1) year from that date, subject to should not be construed against any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisions.
ix) The implementation of this MOU and any activity undertaken pursuant to this MOU will be in accordance with the respective applicable laws, regulations, rules, procedures, mechanisms, programs, or policies applicable to the Parties and the jurisdiction governing the operation of the Parties. C. This MOU Agreement does not constitute a waiver an admission of guilt, fault, or wrongdoing by CIIeither party.
D. The negotiations leading up to this Agreement, NJDOS the data, documents, or Rowan of Sovereign Immunity or acceptance by any Party to information exchanged between the jurisdiction parties in the course of the courts negotiations of this Agreement, may not be offered, taken, construed, or introduced as evidence of liability or as an admission or statement of wrongdoing by either party in this action or in any subsequent proceeding of any nature.
E. The obligations of the country Parties specified above constitute consideration sufficient to render this Agreement enforceable by either party.
F. This Agreement addresses unique circumstances and shall not serve as precedent or state past practice for resolving any other matter involving the Agency.
G. This Agreement constitutes the entire understanding between the Parties regarding the resolution and settlement of the Grievance, and there are no other Partyterms or commitments, verbal or written, regarding this settlement. No other promises or agreements shall be binding unless placed in writing and signed by the Parties.
H. Neither party will institute any legal and/or administrative proceeding in any forum, or any sort, against any other party to this Agreement, based on the claims related to or arising from the allegations underlying this matter, other than in the case of an alleged breach of this Agreement.
I. The Agency or the Union may submit this Agreement as evidence of the withdrawal of the Grievance and all actions, claims, complaints, grievances, appeals or proceedings of whatever nature arising from the allegations contained therein.
J. This Agreement may not be modified except by writing signed by both Parties.
K. The effective date of this Agreement is the date on which it becomes fully executed.
L. All the time limits in this Agreement are in calendar days. If a time limit expires on a Saturday, Sunday, or a Federal Holiday, then the time limit shall expire on the next business day. The Parties may mutually agree in writing to extend any time limits in this Agreement.
M. If a binding determination is made that any term(s) of this Agreement is/are unenforceable, such unenforceability shall not affect any other provisions of this Agreement, and the remaining terms of this Agreement shall, unless prohibited by law, remain effective as if such unenforceable provision(s) was/were never contained herein.
Appears in 1 contract
Sources: Settlement Agreement
Stipulations. A. The following stipulations apply to Parties have entered into this MOU:Agreement freely and voluntarily.
i) Notwithstanding any other provision in this MOU, the Parties agree that this MOU is not legally binding and does not create any legal, equitable, or financial rights, obligations, or liabilities for any of the Parties;
ii) In the case of any differences the Parties shall make all efforts to settle the disputes amicably through mutual discussion and negotiation and shall create no legal cause of action in any forum;
iii) This MOU may be altered or repealed by mutual consultation and consent of the Parties. This MOU may be modified only by written agreement of both Parties. Each Party may also terminate this MOU by giving the other Parties at least 45 days’ written notice of its withdrawal. However, the early termination of this MOU shall not affect the implementation of any activities, projects, or programs, which have already commenced and are subject to separate agreements prior to such termination unless otherwise agreed to B. The Agreement constitutes a joint effort by the Parties in writingand should not be construed against any party.
iv) Each Party agrees to obtain the prior written consent C. The Agreement does not constitute an admission of each other Party to any use of such other Party’s name or logo in a press releaseguilt, websitefault, or other public-facing material. Each Party agrees to comply with applicable data protection laws in relation to the processing of personal data under this MOUwrongdoing by either party.
v) D. The Parties acknowledge that negotiations leading up to this MOU does not create a legal entityAgreement, nor does it authorize any Party to make commitments on behalf the data, documents, or information exchanged between the parties in the course of the other(s);
vi) Nothing in negotiating this MOU shall create any financial obligations for any of the Parties, and each Party agrees to bear its own costs associated with carrying out Agreement or the terms of this MOU;Agreement, may not be offered, taken, construed, or introduced as evidence of liability or as an admission or statement of wrongdoing by either party in this action or in any subsequent proceeding of any nature.
vii) This MOU E. The obligations of the Parties specified above constitute consideration sufficient to render this Agreement enforceable by either party.
F. The Agreement addresses unique circumstances and shall not serve as precedent or past practice for resolving any other matter involving the Agency.
G. The Agreement constitutes the entire agreement understanding between the Parties regarding the resolution and supersedes all prior settlement of the Grievance, and contemporaneous there are no other terms or commitments, verbal or written, regarding this settlement. No other promises or agreements shall be binding unless placed in writing and understandingssigned by the Parties.
H. The Parties will not institute any legal and/or administrative proceeding in any forum, whether written or oralany sort, between against any other party to this Agreement, based on the Parties with respect claims related to or arising from the subject matter allegations underlying this matter, other than in the case of an alleged breach of this MOU;Agreement.
viii) This MOU shall be effective I. The Agency or the Union may submit this Agreement as evidence of the withdrawal of the Grievance and all actions, claims, complaints, grievances, appeals or proceedings of whatever nature arising from the allegations contained therein.
J. The effective date of the last affixing signature by Agreement is the Parties and shall remain valid for a period of one (1) year from that date, subject to any written notice by one party to the other party, expressing its intent to terminate this MOU in accordance with the termination provisionsdate on which it becomes fully executed.
ixK. All the time limits in the Agreement are in calendar days. If a time limit expires on a Saturday, Sunday, or a Federal Holiday, then the time limit shall expire on the next business day. The Parties may mutually agree in writing to extend any time limits in this Agreement.
L. If a binding determination is made that any term(s) The implementation of this MOU and Agreement is/are unenforceable, such unenforceability shall not affect any activity undertaken pursuant to other provisions of this MOU will be in accordance with the respective applicable lawsAgreement, regulations, rules, procedures, mechanisms, programs, or policies applicable to the Parties and the jurisdiction governing the operation remaining terms of the Parties. This MOU does not constitute a waiver this Agreement shall, unless prohibited by CIIlaw, NJDOS or Rowan of Sovereign Immunity or acceptance by any Party to the jurisdiction of the courts of the country or state of the other Partyremain effective as if such unenforceable provision(s) was/were never contained herein.
Appears in 1 contract
Sources: Settlement Agreement