Contract Waiver Clause Samples
A contract waiver clause allows one party to voluntarily relinquish or forgo a right or claim under the contract, either temporarily or permanently. In practice, this means that if a party chooses not to enforce a specific term or condition—such as a deadline or a requirement for notice—the other party is not automatically released from future compliance unless explicitly stated. The core function of this clause is to provide flexibility in enforcement while ensuring that a single instance of leniency does not set a binding precedent, thereby protecting the parties from unintentionally losing their contractual rights.
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Contract Waiver. No waiver by either party of any term or condition of this agreement shall be deemed or construed to be a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or different provision of this agreement. No waiver shall be effective unless made in writing.
Contract Waiver. Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract.
Contract Waiver. The District and the Association may agree to waive specific provisions of this Agreement in accordance with the provisions of this Section.
Contract Waiver. The District and Association may agree to waive specific provisions of this Agreement in accordance with the following:
A. Requests from a school or work site must be submitted on the Contract Waiver Request Form. The completed form must be submitted to the Superintendent and the Association President concurrently and will be granted only if both the District and Association approve such request in accordance with the provisions of this Section.
B. A contract waiver request must include the following:
1. Reference to the specific provisions of the Agreement requested to be waived;
2. Rationale for the waiver;
3. The specific timelines - beginning and ending dates - for the waiver;
4. Description of what employees would be affected by the waiver and how they would be affected;
5. Description of how the decision to request the waiver was made and evidence it reflects approval of the building principal and at least 80% approval of those in the Association's bargaining unit at the school or work site;
6. Description of the cost or budget impact of the waiver, if any; and
7. Explanation of how the waiver, if granted, might affect other employees outside of the school site and other operations of the District, if any.
C. No Agreement waiver shall be granted for a duration of more than one (1) school year, unless extended in writing by both parties, and no Agreement waiver shall be granted for a duration that extends beyond the expiration date of the current Agreement. Either party to this Agreement may terminate the waiver after providing the other party with at least forty-five (45) calendar days advance written notice or sooner if both parties agree.
D. The Association and District agree that any waivers granted are not precedent setting. The parties further agree that once the waiver has expired, all waived provisions shall return to the status contained in the Collective Bargaining Agreement at the time of the waiver's expiration.
E. Schools shall not use “site-based/shared decision making" to implement conditions of employment that are contrary to the terms of this Agreement without, prior to implementation, first obtaining a waiver as described in this provision.
F. An Agreement waiver will be considered an addendum to this Agreement and any dispute as to its interpretation or application will be solved by the parties through either negotiations, the use of the grievance procedure or termination of the waiver. If the parties cannot agree upon a resolution ...
Contract Waiver. CSCMC reserves the right to waive requirements of this CSCMC Contract and its Attachments when warranted.
Contract Waiver. Any waiver of any provision of this Contract shall be in writing and shall be signed by the duly authorized agent of Contractor or VBCPS. The waiver by either party of any term or condition of this Contract shall not be deemed to constitute a continuing waiver thereof nor of any further or additional right that such party may hold under this Contract.
Contract Waiver. The executive committee of NEA-Salina and the Board may agree to grant one or two-year waivers from the negotiated agreement for selected schools. Schools desiring a waiver of selected negotiated agreement provisions may make application for such a waiver on the district-adopted waiver form.
Contract Waiver. The District and Association may agree to waive specific provisions of this Agreement in accordance with the following:
A. Requests from a school or work site must be submitted on the Contract Waiver Request Form (Appendix A). The building Principal and Association Building Representative must both sign the form if the request is to be considered by the Association and District. The Principal's signature indicates approval of the waiver request. The Building Representative signature indicates the belief the request represents bargaining unit member support per paragraph B.5., below. The completed contract waiver request form must be submitted to the Superintendent and the Association President concurrently and will be granted only if both the District and Association approve such request in accordance with the provisions of this section. Upon receipt of a contract waiver request, the District and Association representatives shall meet and consider these options:
1. Accept the waiver request as written and communicate that acceptance to the school or work site.
2. Deny the waiver request but with specific written conditions under which the waiver could be granted. In this case, the school or work site may either accept the conditions through the same process as indicated by paragraph A, above, accept the denial, or counterpropose to the Association and District through a revised Contract Waiver Request Form, using the same process as described by paragraph A, above.
3. Deny the waiver request as written and provide written reasons for that denial back to the school or work site. In this case, the school or work site may wish to consider whether to submit a revised Contract Waiver Request Form, approved through the same process as described by paragraph A, above, that is intended to satisfy the reasons given for the waiver denial.
B. A contract waiver request must include the following:
1. Reference to the specific provisions of the Agreement requested to be waived.
2. Rationale for the waiver.
3. The specific timelines, i.e. beginning and ending dates for the waiver.
4. Identification of the position(s) that would be affected by the waiver and how the position(s) would be affected.
5. Description of how the decision to request the waiver was made and evidence it reflects approval of the building Principal and at least 90% approval of those in the Association's bargaining unit at the school or work site.
6. Description of the cost or budget impact of the wai...
Contract Waiver. To provide individual schools and worksites the opportunity to seek new strategies that may positively impact the success of students, the Association and Board hereby establish this procedure for waiving specific requirements of this collective bargaining agreement. The waiver of provisions of the collective bargaining agreement between the Association and the Board may be requested through the following procedure:
1. At a school site, when a School Improvement Plan (SIP) strategy needs a contract waiver, the wavied must be approved by the School Advisory Council with the principal giving final approval before being submitted to the school bargaining unit and the Association. At worksites other than school sites, or if a SIP strategy is not impacted, proceed to Step 2.
2. Application for ▇▇▇▇▇▇ presented for final worksite bargaining unit vote (requiring 2/3 secret ballot vote to move to next step). This vote will take place among the members of the bargaining unit impacted by the waiver. The worksite administrator and a worksite leader or other facility representative appointed by the Association shall verify the vote count.
3. Application presented to the School Board and Association Executive Board using the negotiated Contract Waiver Form. Both parties must agree to the said waiver implementation and approval must occur 10 days before the said date of implementation.
4. When applications are denied, suggestions for revisions must accompany such denials and be provided within 5 days after denial enabling schools to revise their plan and re-apply.
5. Applications for a waiver shall contain a specified time for the waiver to be in effect.
Contract Waiver. The District and Association may agree to waive specific provisions of this Agreement in accordance with the following:
A. Requests from a school or work site must be submitted on the Contract Waiver Request Form. The completed form must be submitted to the Superintendent and the Association President concurrently and will be granted only if both the District and Association approve such request in accordance with the provisions of this Section.
B. A contract waiver request must include the following:
1. Reference to the specific provisions of the Agreement requested to be waived;
2. Rationale for the waiver;
3. The specific timelines - beginning and ending dates - for the waiver;
4. Description of what employees would be affected by the waiver and how they would be affected;