Past Practices and Memoranda of Understanding Sample Clauses

Past Practices and Memoranda of Understanding. A. Any past practices or provisions of written memoranda of understanding or agreement which are in existence on the effective date of this Agreement, and which are inconsistent with the terms of this Agreement, are superseded. Such matters shall be governed by the terms of this Agreement. B. Any existing written memorandum of understanding or agreement which has a specific term or duration extending beyond the effective date of this Agreement shall continue in effect until its expiration date, subject to the terms of Section 8.03(A). Any such memorandum of understanding which contains no provisions described in Section 8.03(A) shall, upon its expiration, be subject to renegotiation in accordance with 5 U.S.C. Chapter 71 and this Agreement. C. Other existing past practices or provisions of written memoranda of understanding or agreement, on matters which are not covered by this Agreement and are not inconsistent with it, shall be treated as past practices. Such past practices shall not be considered to be incorporated into this Agreement with respect to duration and shall be subject to renegotiation in accordance with 5 U.S.C. Chapter 71 and this Agreement. Although neither Party shall be required to maintain a past practice which is unlawful or which constitutes a waiver of any right granted to it under 5 U.S.C. Chapter 71, discontinuation of any such past practice shall be subject to any negotiation requirements established by 5 U.S.C. Chapter 71. D. If, after the effective date of this Agreement, any practice develops which is inconsistent with this Agreement, either Party may require the other to conform to this Agreement by providing adequate prior notice of its intention to enforce this Agreement in the future. Thereafter, both Parties shall conform to the terms of the Agreement. E. Memoranda of understanding or agreement negotiated under the terms of this Article shall be considered to be part of this Agreement and shall have duration concurrent with this Agreement, unless otherwise specified in the memoranda. Provisions of local agreements negotiated under this Agreement shall be superseded by any subsequently negotiated agreement at the level of recognition, or any subsequently issued Government-wide rule or regulation.
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Related to Past Practices and Memoranda of Understanding

  • Statement of Understanding By executing this Agreement, Employee acknowledges that (a) Employee has had at least twenty-one (21) or forty-five (45) days, as applicable in accordance with the Age Discrimination in Employment Act, as amended, (the “ADEA”) to consider the terms of this Agreement (and any attachment necessary or desirable in accordance with the ADEA) and has considered its terms for such a period of time or has knowingly and voluntarily waived Employee’s right to do so by executing this Agreement and returning it to Company; (b) Employee has been advised by Company to consult with an attorney regarding the terms of this Agreement; (c) Employee has consulted with, or has had sufficient opportunity to consult with, an attorney of Employee’s own choosing regarding the terms of this Agreement; (d) any and all questions regarding the terms of this Agreement have been asked and answered to Employee’s complete satisfaction; (e) Employee has read this Agreement and fully understands its terms and their import; (f) except as provided by this Agreement, Employee has no contractual right or claim to the benefits and payments described herein; (g) the consideration provided for herein is good and valuable; and (h) Employee is entering into this Agreement voluntarily, of Employee’s own free will, and without any coercion, undue influence, threat, or intimidation of any kind or type whatsoever.

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