Exigency Clause Samples

An Exigency clause defines the procedures and rights of the parties in the event of unforeseen emergencies or urgent situations that impact the performance of contractual obligations. Typically, this clause allows for temporary suspension or modification of certain duties if an exigent circumstance arises, such as a natural disaster, security threat, or other critical incident. Its core practical function is to provide flexibility and protect both parties from being penalized for non-performance or delays caused by events beyond their control, thereby ensuring fairness and risk allocation during extraordinary situations.
POPULAR SAMPLE Copied 6 times
Exigency. The university may terminate or temporarily suspend performance of any part of this agreement without notice in the event of an exigency that would make continued operation of student housing and/or dining service not feasible.
View SourceView Similar (35)
Exigency. The University may terminate or temporarily suspend performance of any part of this contract without notice in the event of an exigency that would make continued operation of the residence hall infeasible. In the event the resident’s assigned accommodations are destroyed or otherwise made unavailable and the University does not provide other accommodations, the contract shall terminate, all rights and liabilities of the parties shall cease and rental payments previously made shall be refunded on a prorated basis.
View SourceView Similar (9)
Exigency. The Residence Life Office may terminate or temporarily suspend performance of any part of this agreement without notice in the event of an exigency making continued operation or student housing not feasible or when the Residence Life Office believes a resident of a temporary assignment cannot be placed within a reasonable time period.
View SourceView Similar (6)
Exigency. The University may terminate, delay or temporarily suspend performance of any part of this RLA, with or without notice, in the event of an exigency, delay, failure of performance, or circumstance that would make continued operation of the residence or residential housing unfeasible, inadvisable, impossible, illegal, or excusable, including but not limited to any cause beyond the reasonable control of University, including, without limitation, acts of God, natural disasters, strikes, disturbances of peace, riots, war, insurrection, acts of terrorism, governmental action, government shutdowns, government issued states of emergency, quarantine restrictions, epidemics, or other emergencies including planned or unplanned closures of the University campus for public health, welfare, or safety purposes (each, a “Force Majeure Event”).
View SourceView Similar (8)
Exigency. The Housing Office may terminate or temporarily suspend performance of any part of this agreement without notice in the event of an exigency making continued operation or student housing not feasible or when the Housing Office believes a resident of a temporary assignment cannot be placed within a reasonable time period.
View SourceView Similar (4)
Exigency. Exigency may be declared if the President finds that the current or projected budget of Oregon Tech has insufficient funds to do any of the following: (i) Maintain all essential programs and services; (ii) Finance the full compensation of all employees of Oregon Tech;
View SourceView Similar (3)
Exigency. The College may terminate or temporarily suspend performance of any part of this contract without notice in the event of an exigency/emergency that would make continued operation for student housing not feasible or when the Residential Life Office believes a resident of a temporary assignment cannot be placed in a permanent assignment within a reasonable time period.
View SourceView Similar (2)
Exigency. A reduction in budgetary allocation for salaries and benefits of members, or lay-off of for reasons, shall occur only in event of, and only to the extent required by, a FIDE case of financial exigency as declared and confirmed pursuant to this Article. to a of a state of financial the President shall consult the Joint Committee to Administer the Agreement, and shall report to the Board in writing, with copies to the University Senate and the Union that, in opinion, the University is in a state of financial exigency. From the date of of the President under until the conclusion of the procedures envisioned in this Article, no personnel shall he appointed or hired, save in exceptional circumstances and after seven (7) days' notice to the Executive of the Union. In the event that the Union does not agree that the University is in a state of exigency, or while agreeing that there is a financial exigency, the Union does not agree with the University on the dollar amount of reduction in the budgetary allocation for salaries and benefits for members, an Exigency Committee be constituted within thirty (30)days of the President's Report to determine whether and to what extent the University's financial condition constitutes a financial exigency, i.e., a genuine involving the long-term solvency of the University. The Exigency Committee shall be comprised of three (3) members from outside the ▇▇▇▇▇ University community, and shall not include any person who has had any interest in the matters coming before the Committee or who is acting, or has, within a period of six (6) months preceding the date of appointment, acted as solicitor, counsel or agent of either of the Parties. The Parties shall attempt to appoint the members the Exigency Committee jointly, but if they cannot agree, one (I) member shall be appointed by the University and one (I) by the Union, with the third, the Chair, chosen by these two or, if they cannot agree, by the Chief Justice of Ontario. The Exigency Committee shall meet within thirty (30) days of its appointment and shall report its findings to the Board of Trustees, with copies to the Union and the Senate, within sixty (60) days of its first meeting. The report shall be a public document and copies shall be made available by the Board to all interested parties. The University shall be responsible for all fees and expenses incurred in the Committee's investigation. The Exigency Committee shall establish its own procedures and shall have power to...
View Source
Exigency. The parties agree that the process of long-range planning should obviate the possibility of a financial exigency occurring. However, the parties further agree that in the unlikely event of a financial exigency, in view of the ramifications to the careers of academic staff members, an orderly and equitable way of dealing with the situation is essential. As as the University perceives that a financial exigency exists, it will convey this information to the Faculty Association in writing, indicating the nature of the problem, its probably magnitude and impact on the careers of members of the academic staff. The Faculty Association, through its representatives, will be fully consulted by the University officers concerned and will be provided with detailed financial and budgetary information and such long-range projections as can be based on that information. The parties agree that the following steps will be taken before there is any reduction in the number of academic staff members: reduce expenditure equitable to the extent feasible: reduce academic expenditure to the extent feasible; make no further term appointments for the year in which the financial problem is predicted, except to meet critical program needs which cannot otherwise be met: offer early retirement to appropriate academic staff members, under the terms of the pension plan: as required, assign academic staff members partly or wholly to vacancies in other areas of the University, within their academic competence with no reduction in rank or status: make no further appointments unless a position cannot be filled by an inside transfer and is necessary to maintain the proposed level of operation; undertake other similar measures where possible. When the parties have agreed which of the above steps will be undertaken, they will attempt to determine whether a financial exigency continues to exist, its total amount, and the of that amount which is to be borne by reduction in the number of academic staff members. If the University and the Association agree that there is no exigency, the University will proceed with the jointly planned procedures, and the matter of exigency ends. If the Faculty Association and the University agree that an exigency exists and further agree on the portion to be borne by reduction in the number of academic staff members, the University will proceed with consequent notices to the academic staff members concerned, according to the procedures specified in If there is a disa...
View Source

Related to Exigency

  • Recognition of the U.S. Special Resolution Regimes (a) In the event that any Underwriter that is a Covered Entity becomes subject to a proceeding under a U.S. Special Resolution Regime, the transfer from such Underwriter of this Agreement, and any interest and obligation in or under this Agreement, will be effective to the same extent as the transfer would be effective under the U.S. Special Resolution Regime if this Agreement, and any such interest and obligation, were governed by the laws of the United States or a state of the United States. (b) In the event that any Underwriter that is a Covered Entity or a BHC Act Affiliate of such Underwriter becomes subject to a proceeding under a U.S. Special Resolution Regime, Default Rights under this Agreement that may be exercised against such Underwriter are permitted to be exercised to no greater extent than such Default Rights could be exercised under the U.S. Special Resolution Regime if this Agreement were governed by the laws of the United States or a state of the United States.

  • CONSULTATION REGARDING MAJOR WORKPLACE CHANGE 8.1 Consultation Prior to a Definite Decision Being Made (a) Where an Employer is considering making a decision to introduce major change, the Employer may choose to discuss with the Employees who may be affected and their Employee representative/s, which may include the Union/s, prior to making the decision to introduce change. (b) It is agreed that Employees may be able to offer valuable solutions and/or alternative solutions before major changes are made. (c) Where an Employer chooses to consult with Employees who are likely to be affected by a decision to introduce major change, consultation can be informal and is not required to be in writing. 8.2 Consultation After a Definite Decision has Been Made (a) Where an Employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on Employees, the Employer must notify the Employees who may be affected by the proposed changes and their representatives, which may include the Union/s. (b) Significant effects include termination of employment; major changes in the composition, operation or size of the Employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of Employees to other work or locations; and the restructuring of jobs. Provided that where the Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

  • Reasonable Suspicion Testing All Employees Performing Safety-Sensitive Functions A. Reasonable suspicion testing for alcohol or controlled substances may be directed by the Employer for any employee performing safety-sensitive functions when there is reason to suspect that alcohol or controlled substance use may be adversely affecting the employee’s job performance or that the employee may present a danger to the physical safety of the employee or another. B. Specific objective grounds must be stated in writing that support the reasonable suspicion. Examples of specific objective grounds include but are not limited to: 1. Physical symptoms consistent with alcohol and/or controlled substance use; 2. Evidence or observation of alcohol or controlled substance use, possession, sale, or delivery; or 3. The occurrence of an accident(s) where a trained manager, supervisor or lead worker suspects alcohol or other controlled substance use may have been a factor.