New Matters. A. The University and the Union acknowledge that during the negotiations which resulted in this Agreement, the Union had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after exercise of that right and opportunity are set forth in this Agreement.
New Matters. OP50-1 The University and the Union acknowledge that during the negotiations which resulted in this Agreement, the Union had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. The parties have provided in this Agreement all of the means to meet their respective continuing obligation to bargain through “Special Conference” and “Grievance Procedure.” Each party is required, in special conference, only to meet and confer without the obligation to bargain in good faith; and it shall not be an unfair labor practice for the University or the Union, to refuse to negotiate during the term of this Agreement on any matter not covered by this Agreement and on any change to the provisions in this Agreement. OP50-2 The University and the Union for the life of this Agreement each voluntarily and unqualifiedly waives the right, and agrees the other shall not be obliged, to bargain collectively with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both parties at the time they negotiated this Agreement.
New Matters. Subject to the provisions of Sections 4.5 and 4.6 above, between the expiration of the Inspection Period and the date of Closing, no new survey or new title matter not approved or deemed approved by Buyer pursuant to this Section 4.7 shall have been first created subsequent to the date the Survey or first recorded subsequent to the effective date of the Title Commitment, unless the same is discharged or released at or prior to Closing; provided that if the matter is created by a tenant and the tenant is obligated to remove the same pursuant to the terms of its Lease, then so long as such matters are of an ascertainable amount and cost less then $50,000 in the aggregate to cure, Buyer shall nevertheless be obligated to proceed with the Closing. If any such new survey or title matters do arise after the expiration of the Inspection Period, Buyer shall have until the earlier of (a) the Closing Date, and (b) five (5) days following its first obtaining knowledge of such matter(s), to notify Seller in writing, specifying the objectionable matters. In the event Buyer so notifies Seller of Buyer’s objection to any such matter, Seller may elect (but shall have no obligation whatsoever) to attempt to cure (by causing the same to be discharged or released from the Property) any such matters within thirty (30) days from receipt of such notice (the “Additional Title Cure Period”), in which event the Closing, if it otherwise is scheduled to occur earlier, shall be extended until the earlier of thirty (30) days after receipt of such notice or ten (10) days after such matter is cured. Within five (5) business days after receiving Buyer’s notice, Seller shall notify Buyer if Seller intends to attempt to effectuate such cure (by causing the same to be discharged or released from the Property). In the event Seller gives such notice of its intention to attempt to effectuate such cure and thereafter fails to actually effectuate such cure within the Additional Title Cure Period, Buyer’s sole rights with respect thereto shall be to terminate this Agreement within two (2) business days after the expiration of the Additional Title Cure Period, in which event the Deposit, and all interest earned thereon, shall be returned to Buyer, provided that if Buyer does not so terminate this Agreement within two (2) business days after the expiration of the Additional Title Cure Period, Buyer shall be deemed to have waived objection to any such title matter and agreed to accept title subject ...
New Matters. It is contemplated that the terms and conditions of employment provided in this agreement shall remain in effect until altered by mutual consent in writing between the parties. Nevertheless, because of the special nature of the public educational process, it is likewise recognized that matters previously unforeseen or not negotiated may be negotiated by mutual consent of the parties. It is in the public interest that the opportunity for mutual discussion of such matters be provided. The parties accordingly undertake to cooperate in arranging meetings, selecting representatives for discussion, furnishing necessary information, and otherwise constructively considering and resolving any such matters. New matters not previously negotiated may be negotiated by mutual consent of both parties to the agreement.
New Matters. Seller shall refrain from entering into (i) any transaction or taking or failing to take any action that may result in any material adverse effect to the Property, and (ii) any contract or agreement with respect to the Property, unless such transactions or agreements terminate at the time of or prior to the Closing at no expense to Buyer. Seller shall not take any action, or fail to take any action within Seller’s reasonable control, which would result in any of the representations and warranties of Seller not being true and correct on and as of the Closing Date with the same force and effect as if such representations and warranties had been made on and as of the Closing Date. Between the date hereof and the Closing Date, Seller shall refrain from making any changes to its insurance policies, omitting to pay any premiums due thereunder, or from letting any such policies lapse or terminate.
New Matters. Seller shall disclose to the Purchaser in writing any material changes or events Seller learns of after the Effective Date that would materially contradict or modify any of the foregoing representations and warranties.
New Matters. If a new matter (other than an Intentional Title Item) ("NEW MATTER") affecting the Property comes into existence or is first identified after the effective date of the Title Report, and such new matter is not the result of the activities of Buyer, and Buyer notifies Seller of its disapproval of such New Matter within five (5) days of Buyer's receipt of written notice of the same, Seller may elect within two (2) business days from the date of receipt of notice from Buyer to remove such New Matter. In the event that Seller (i) does not elect to remove such New Matter within such two (2) business day period, (ii) elects to remove such New Matter within such two (2) business day period but fails to remove such New Matter prior to the Closing Date, or (iii) makes an election under Section 4A, but fails to remove all of the disapproved title exceptions in a manner acceptable to Buyer in its sole discretion or cure such survey matters prior to the Closing Date, Buyer shall have the right, in addition to any other rights or remedies it may have hereunder for such failure, either to (a) terminate this Agreement by written notice to Seller, in which case the Deposit shall be returned to Buyer, this Agreement shall be null and void and of no further force or effect (except that Buyer shall retain its rights against Seller under Section 3D(2) for any default hereunder) and the parties hereto shall have no further obligations to the other (except for those matters that expressly survive the termination of this Agreement), or (b) waive the foregoing right of termination and all other rights and remedies on account of such New Matter and to close the transaction contemplated by this Agreement, without any reduction or abatement of the Purchase Price.
New Matters. If an additional exception to title (“New Matter”) affecting the Property is first disclosed to Buyer after the end of the Due Diligence Period, Buyer shall be deemed to have approved any such New Matter within five (5) days of Buyer’s receipt of written notice of such New Matter unless Buyer delivers to Seller within such time written notice of its objection thereto. Notwithstanding the foregoing, any New Matter that is the result of the activities of Buyer shall be deemed approved by Buyer and Buyer shall have no right to object to such New Matter. Seller may elect to use reasonable efforts to remove or cause the Title Company to bond or insure or endorse over such New Matter within ten (10) days from the date of receipt of notice from Buyer with respect to the New Matter (and the Closing Date shall be extended to accommodate such cure period). In the event that within such ten (10) day period Seller (1) does not elect to remove or cause the Title Company to bond or insure or endorse over such New Matter, or (2) elects but fails to remove or cause the Title Company to bond or insure or endorse over such New Matter, then upon the expiration of such period, Buyer, as its sole and exclusive remedy hereunder for such failure, shall elect in writing either (a) to terminate this Agreement by written notice to Seller, in which case the Deposit shall be returned to Buyer, this Agreement shall be null and void and of no further force or effect and the parties hereto shall have no further obligations to each other (except for any obligations or liabilities that expressly survive termination of this Agreement), or (b) to waive the foregoing right of termination and all other rights and remedies on account of such New Matter and to close the transaction contemplated by this Agreement, without any reduction or abatement of the Purchase Price. If Buyer shall fail to make such election, then Buyer shall be deemed to have waived its objections to such disapproved New Matter.
New Matters
