Common use of 00 - GENERAL Clause in Contracts

00 - GENERAL. 9.01 The failure of either party at any time to require performance by the other party of any provision, condition or covenant hereof, all of which are cumulative, shall in no way affect its right thereafter to enforce the provision, condition or covenant nor shall the waiver by either party of any breach of any provision, condition or covenant hereof be taken or held binding upon the party, unless the waiver is made in writing, and the waiver shall not be taken or held to be a waiver of any future breach of the same provision, condition or covenant. 9.02 These STC, the Application Form and any Supplemental Conditions, together with all matters incorporated by reference constitutes the entire agreement between the parties and there are no other conditions or warranties, express or implied, applicable to the subject matter hereof. 9.03 The Client shall not assign or transfer any of its rights, privileges or obligations under this Agreement, in whole or in part, without the written prior approval of SNB. 9.04 This Agreement shall be binding upon the Client. 9.05 The parties agree to irrevocably attorn to the laws of the Province of NB with respect to any dispute regarding this Agreement or the Services. 9.06 The Client agrees that SNB may amend the terms of this Agreement or any Schedules hereto by giving the Client thirty (30) days prior notice and that unless the Client advises that it wishes to terminate the Services within this period, such amendment shall be binding on the Client. 9.07 The headings appearing in these STC have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of these STC or of any provisions hereof. 9.08 Whenever a word importing the singular number only is used in these STC, such word shall include the plural and words importing either gender or firms or corporations or departments of government shall include the persons or other genders and firms or corporations of departments of government where applicable. 9.09 If any clause or clauses or part or parts of clauses in these STC be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement and the remaining provisions of the Agreement shall remain in full force and effect and shall be binding upon the parties hereto as though the said clauses or part or parts of clauses had never been included.

00 - GENERAL. 9.01 29.01 It is understood and agreed that this Agreement shall supersede any and all agreements, existing or previously executed between the Company and any individual covered by this Agreement. 29.02 The failure of either party at any time to require performance by the other party of any provision, condition or covenant hereof, all of which are cumulative, shall in no way affect its right thereafter to enforce the provision, condition or covenant nor shall the waiver by either party of any breach of any provision, condition or covenant hereof be taken or held binding upon the party, unless the waiver is made in writing, and the waiver shall not be taken or held to be a waiver of any future breach of the same provision, condition provisions or covenantterms of this agreement by either party does not constitute a precedent for future waiver or enforcement of such breach. 9.02 These STC, 29.03 In the Application Form and event that any Supplemental Conditions, together with all matters incorporated by reference constitutes the entire agreement between the parties and there are no other conditions or warranties, express or implied, applicable to the subject matter hereof. 9.03 The Client shall not assign or transfer any provision of its rights, privileges or obligations under this Agreement, in whole or in part, without the written prior approval of SNB. 9.04 This Agreement shall be binding upon the Client. 9.05 The parties agree to irrevocably attorn to the laws or becomes invalid by reasons of the Province any Federal, State, county, municipal or, military law or regulation or a court of NB with respect to any dispute regarding this Agreement or the Services. 9.06 The Client agrees that SNB may amend the terms of this Agreement or any Schedules hereto by giving the Client thirty (30) days prior notice and that unless the Client advises that competent jurisdiction, it wishes to terminate the Services within this period, such amendment shall be binding on the Client. 9.07 The headings appearing suspended while such law, regulation or court decree is in these STC have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of these STC or of any provisions hereof. 9.08 Whenever a word importing the singular number only is used in these STC, such word shall include the plural and words importing either gender or firms or corporations or departments of government shall include the persons or other genders and firms or corporations of departments of government where applicable. 9.09 If any clause or clauses or part or parts of clauses in these STC be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement force and the remaining provisions of the Agreement shall remain in full force and effect and not be affected thereby. 29.04 Employees covered by this Agreement shall be binding upon governed by all Company rules, regulations and policies in place at the signing of this agreement. The Union must be notified of new work rules before they are implemented. 29.05 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from collective bargaining and that the agreements arrived at by the parties hereto are set forth in this Agreement. Therefore, the parties, for the life of this Agreement, agree that the other shall not be obligated, except as though provided in this Agreement, to bargain collectively with respect to any subject referred to or covered in this Agreement. Furthermore, the said clauses parties waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject matter not referred to or part covered by this Agreement, even if such subject may not have been known or parts contemplated of clauses had never been includedany of the parties at the time this Agreement was negotiated or signed. 29.06 Neither the Company nor the Union will limit, segregate or classify employees in any way to deprive any individual employee of employment opportunities or otherwise discriminate against any individual with respect to hiring, compensation, terms or conditions of employment, because of race, religion, sex, age, national origin, veteran status, union membership, color or that prohibited by State, federal or municipal law, including the American's with Disability Act (ADA) and Family Medical Leave Act (FMLA). 29.07 The Company will be in compliance with all applicable federal and state regulations. Nothing in this Agreement will constitute a waiver of such regulations. 29.08 The Union reserves the right to grieve unreasonable work rules. 29.09 The Company will be in compliance with all applicable federal and state regulations, including safety shoe regulations and replacement of employee tools. Nothing is this Agreement will constitute a waiver of such regulations.

00 - GENERAL. 9.01 20.01 It is understood and agreed that this Agreement shall supersede any and all agreements, existing or previously executed between the Company and any individual covered by this Agreement. 20.02 The failure of either party at any time to require performance by the other party of any provision, condition or covenant hereof, all of which are cumulative, shall in no way affect its right thereafter to enforce the provision, condition or covenant nor shall the waiver by either party of any breach of any provision, condition or covenant hereof be taken or held binding upon the party, unless the waiver is made in writing, and the waiver shall not be taken or held to be a waiver of any future breach of the same provision, condition provisions or covenantterms of this agreement by either party does not constitute a precedent for future waiver or enforcement of such breach. 9.02 These STC, 20.03 In the Application Form and event that any Supplemental Conditions, together with all matters incorporated by reference constitutes the entire agreement between the parties and there are no other conditions or warranties, express or implied, applicable to the subject matter hereof. 9.03 The Client shall not assign or transfer any provision of its rights, privileges or obligations under this Agreement, in whole or in part, without the written prior approval of SNB. 9.04 This Agreement shall be binding upon the Client. 9.05 The parties agree to irrevocably attorn to the laws or becomes invalid by reasons of the Province of NB with respect to any dispute regarding this Agreement Federal, State, county, municipal or the Services. 9.06 The Client agrees that SNB may amend the terms of this Agreement military law or any Schedules hereto by giving the Client thirty (30) days prior notice and that unless the Client advises that regulation, it wishes to terminate the Services within this period, such amendment shall be binding on the Client. 9.07 The headings appearing suspended while such law or regulation is in these STC have been inserted as a matter of convenience and for reference only and in no way define, limit or enlarge the scope or meaning of these STC or of any provisions hereof. 9.08 Whenever a word importing the singular number only is used in these STC, such word shall include the plural and words importing either gender or firms or corporations or departments of government shall include the persons or other genders and firms or corporations of departments of government where applicable. 9.09 If any clause or clauses or part or parts of clauses in these STC be illegal or unenforceable, it or they shall be considered separate and severable from the Agreement force and the remaining provisions of the Agreement shall remain in full force and effect and not be affected thereby. 20.04 The Company shall notify District #142 of any newly hired employee(s) that will be covered by this Agreement no later than ten (10) work days after the first day the employee(s) report for work. 20.05 Employees covered by this Agreement shall be binding upon governed by all Company rules, regulations and policies which are not in conflict with the terms and conditions of this Agreement. 20.06 The parties acknowledge that during the negotiations which resulted in this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from collective bargaining and that the agreements arrived at by the parties hereto are set forth in this Agreement. Therefore, the parties, for the life of this Agreement, agree that the other shall not be obligated, except as though provided in this Agreement, to bargain collectively with respect to any subject referred to or covered in this Agreement. Furthermore, the said clauses parties waive the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject matter not referred to or part covered by this Agreement, even if such subject may not have been known or parts contemplated of clauses had never been includedany of the parties at the time this Agreement was negotiated or signed. 20.07 The Company has the right to subcontract out work where the Company determines that such work cannot be performed by employees covered by this Agreement due to lack of skills, tools, equipment or availability of manpower, or as required by its contract with the Customs and Border Protection. 20.08 Due to the nature of the work to be performed, personnel from other locations may be brought in to perform specific assignments at the Customs and Border Protection Miami Air and Marine Branch, Miami, Florida, when there are no qualified employees on lay- off in the classification(s) of work affected and so long as such action does not cause the lay-off of any qualified employees from the affected classification. 20.09 The Company will provide one (1) glass enclosed, lockable bulletin board, with a key controlled by the Chief Shop ▇▇▇▇▇▇▇, located inside the Company facility for all IAM members covered under this Agreement. It shall be marked “International Association of Machinists and Aerospace Workers” where all Union bulletins and notices of interest to the employees may be posted. These notices will be restricted to: (1) Notices of Union recreational/social affairs.