Common use of UNDERSTANDING, MODIFICATION, WAIVER Clause in Contracts

UNDERSTANDING, MODIFICATION, WAIVER. ‌ Section 1. It is intended that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any subject or matter covered herein. With respect to other matters within the scope of negotiations, negotiations may be required during the term of this agreement as provided in Section 2 of this Article. Section 2. It is understood and agreed that the provisions of this Section are intended to apply only to matters which are not specifically covered in this agreement. It is recognized that during the term of this agreement it may be necessary for management to make changes in rules or procedures affecting the employees in the unit. Where management finds it necessary to make such change it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit; where the subject matter of the change is subject to negotiations pursuant to the Employee Relations Ordinance and where the Association requests to negotiate with management, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unit. The phrase "significantly large number" shall mean (a) a majority of the employees in the unit, (b) all the employees with a department in the unit or (c) all of the employees within a readily identifiable occupation. Any agreement, resulting from such negotiations shall be executed in writing by all parties hereto, and if required, approved and implemented by County's Board of Supervisors. If the parties are in disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted to the Employee Relations Commission for resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the Employee Relations Commission. Section 3. Nothing herein shall limit the authority of management to make necessary changes required during emergencies. However, management shall notify the Association of such changes as soon as practicable.

UNDERSTANDING, MODIFICATION, WAIVER. ‌ Section 1. It is intended that this Memorandum of Understanding sets set forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any subject or matter covered herein. With respect to other matters within the scope of negotiations, negotiations may be required during the term of this agreement as provided in Section 2 of this Article. Section 2. It is understood and agreed that the provisions of this Section are intended to apply only to matters which are not specifically covered in this agreement. It is recognized that during the term of this agreement agreement, it may be necessary for management Management to make changes in rules or procedures affecting the employees in the unitUnit. Where management Management finds it necessary to make such change change, it shall notify the Association Joint Council indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit; Unit, where the subject matter of the change is subject to negotiations pursuant to the Employee Relations Ordinance and where the Association Joint Council requests to negotiate with managementManagement, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unitUnit. The phrase "significantly large number" shall mean (a) a majority of the employees in the unitUnit, (b) all the employees with within a department in the unit Unit, or (c) all of the employees within a readily identifiable occupationoccupation such as Stenographer or Truck Driver. Any agreement, resulting from such negotiations shall be executed in writing by all parties hereto, and if required, approved and implemented by County's Board of Supervisors. If the parties are in disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted to the Employee Relations Commission for resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the Employee Relations Commission. Section 3. Nothing herein shall limit the authority of management Management to make necessary changes required during emergencies. However, management Management shall notify the Association Joint Council of such changes as soon as practicable.. Such emergency assignments shall not extend beyond

UNDERSTANDING, MODIFICATION, WAIVER. ‌ Section 1Sec. It is intended that this Memorandum of Understanding 2701 This Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Sec. 2702 A. It is the intent of the parties that this Agreement be administered in its entirety in good faith during its full term. It is recognized that during such term, it may be necessary for Management to make changes in rules or procedures affecting the employees in the Unit. Where Management finds it necessary to make such change, it shall notify the Association indicating the proposed change prior to its implementation. B. Where such change would significantly affect the working conditions in the unit; where the subject matter of the change is subject to negotiations pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act and where the Association requests to negotiate with Management, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unit. C. Nothing herein shall limit the authority of Management to make necessary changes required during emergencies. However, Management shall notify the Association of such changes as soon as practicable. Emergency is defined as an unforeseen circumstance affecting life or property requiring immediate implementation of the change. D. Where Management makes any changes in working conditions be- cause of the requirements of federal or state law, the County shall not be required to renegotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. Sec. 2703 Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any subject or matter covered herein. With herein or with respect to any other matters within the scope of negotiations, negotiations may be required during the term of this agreement as provided in Section 2 of this Article. Section 2Agreement. It is understood and agreed that the provisions of this Section are intended to apply only to matters which are not specifically covered in this agreementSec. It is recognized that during the term of this agreement it may be necessary for management to make changes in rules or procedures affecting the employees in the unit. Where management finds it necessary to make such change it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit; where the subject matter of the change is subject to negotiations pursuant to the Employee Relations Ordinance and where the Association requests to negotiate with management, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unit. The phrase "significantly large number" shall mean (a) a majority of the employees in the unit, (b) all the employees with a department in the unit or (c) all of the employees within a readily identifiable occupation. 2704 Any agreement, resulting from such negotiations alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties heretohereto and, and if required, approved and implemented by County's Board of Supervisors. If Sec.2705 The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the parties are in disagreement as to whether any proposed change is within the scope future enforcement of negotiations, such disagreement may be submitted to the Employee Relations Commission for resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the Employee Relations Commissionall its terms and provisions. Section 3. Nothing herein shall limit the authority of management to make necessary changes required during emergencies. However, management shall notify the Association of such changes as soon as practicable.

UNDERSTANDING, MODIFICATION, WAIVER. ‌ Section 1. It is intended that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any subject or matter covered herein. With respect to other matters within the scope of negotiations, negotiations may be required during the term of this agreement as provided in Section 2 of this Article. Section 2. It is understood and agreed that the provisions of this Section are intended to apply only to matters which are not specifically covered in this agreement. It is recognized that during the term of this agreement it may be necessary for management to make changes in rules or procedures affecting the employees in the unit. Where management finds it necessary to make such change it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit; where the subject matter of the change is subject to negotiations pursuant to the Employee Relations Ordinance and where the Association requests to negotiate with management, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unit. The phrase "significantly large number" shall mean (a) a majority of the employees in the unit, (b) all the employees with a department in the unit or (c) all of the employees within a readily identifiable occupation. Any agreement, resulting from such negotiations shall be executed in writing by all parties hereto, and if required, approved and implemented by County's Board of Supervisors. If the parties are in disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted to the Employee Relations Commission for resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the Employee Relations Commission. Section 3. Nothing herein shall limit the authority of management to make necessary changes required during emergencies. However, management shall notify the Association of such changes as soon as practicable.

UNDERSTANDING, MODIFICATION, WAIVER. ‌ Section 1. It is intended that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any subject or matter covered herein. With respect to other matters within the scope of negotiations, negotiations may be required during the term of this agreement as provided in Section 2 of this Article. Section 2. It is understood and agreed that the provisions of this Section are intended to apply only to matters which are not specifically covered in this agreement. It is recognized that during the term of this agreement agreement, it may be necessary for management Management to make changes in rules or procedures affecting the employees in the unitUnit. Where management Management finds it necessary to make such change change, it shall notify the Association Union indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unitUnit; where the subject matter of the change is subject to negotiations pursuant to the Employee Relations Ordinance and where the Association Union requests to negotiate with managementManagement, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unitUnit. The phrase "significantly Asignificantly large number" number@ shall mean (a) a majority of the employees in the unitUnit, (b) all the employees with within a department Department in the unit Unit, or (c) all of the employees within a readily identifiable occupationoccupation such as Mental Health Psychiatrist. Any agreement, resulting from such negotiations shall be executed in writing by all parties hereto, and if required, approved and implemented by County's ’s Board of Supervisors. If the parties are in disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted to the Employee Relations Commission for their resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the Employee Relations Commission. Section 3. Nothing herein shall limit the authority of management Management to make necessary changes required during emergencies. However, management Management shall notify the Association Union of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency. ”Emergency“ is defined as an unforeseen circumstance requiring immediate implementation of the change. Section 4. Where Management makes any changes in working conditions because of the requirements of law, including ordinances adopted by the Board of Supervisors, the County shall not be required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. Section 5. The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

UNDERSTANDING, MODIFICATION, WAIVER. ‌ Section 1. It is intended that this A. This Memorandum of Understanding Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, herein and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. B. It is the intent of the parties that this Memorandum of Agreement be administered in its entirety in good faith during its full term. It is recognized that during such term, it may be necessary for Management to make changes in rules or procedures affecting the employees in the Unit. Where Management finds it necessary to make such change, it shall notify VEA indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions in the unit where the subject matter of the change is subject to negotiations pursuant to the ▇▇▇▇▇▇-▇▇▇▇▇▇-▇▇▇▇▇ Act and where VEA requests to negotiate with Management, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unit. Nothing herein shall limit the authority of Management to make necessary changes required during emergencies. However, Management shall notify VEA of such changes as soon as practicable. Emergency is defined as an unforeseen circumstance affecting life or property requiring immediate implementation of the change. Where Management makes any changes in working conditions because of the requirements of federal or state law, the County shall not be required to renegotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. C. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any subject or matter covered herein. With herein or with respect to any other matters within the scope of negotiations, negotiations may be required during the term of this agreement as provided in Section 2 the Memorandum of this ArticleAgreement. Section 2. It is understood and agreed that the provisions of this Section are intended to apply only to matters which are not specifically covered in this agreement. It is recognized that during the term of this agreement it may be necessary for management to make changes in rules or procedures affecting the employees in the unit. Where management finds it necessary to make such change it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit; where the subject matter of the change is subject to negotiations pursuant to the Employee Relations Ordinance and where the Association requests to negotiate with management, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unit. The phrase "significantly large number" shall mean (a) a majority of the employees in the unit, (b) all the employees with a department in the unit or (c) all of the employees within a readily identifiable occupation. D. Any agreement, resulting from such negotiations alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties heretohereto and, and if required, approved and implemented by County's Board of Supervisors. If the parties are in disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted to the Employee Relations Commission for resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the Employee Relations Commission. Section 3. Nothing herein E. The waiver of any breach, term or condition of this Memorandum of Agreement by either party shall limit not constitute a precedent in the authority future enforcement of management to make necessary changes required during emergencies. However, management shall notify the Association of such changes as soon as practicableall its terms and provisions.

UNDERSTANDING, MODIFICATION, WAIVER. ‌ Section 1. It is intended that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any subject or matter covered herein. With respect to other matters within the scope of negotiations, negotiations may be required during the term of this agreement as provided in Section 2 of this Article. Section 2. It is understood and agreed that the provisions of this Section are intended to apply only to matters which are not specifically covered in this agreement. It is recognized that during the term of this agreement agreement, it may be necessary for management Management to make changes in rules or procedures affecting the employees in the unitUnit. Where management Management finds it necessary to make such change change, it shall notify the Association Union indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unitUnit; where the subject matter of the change is subject to negotiations pursuant to the Employee Relations Ordinance and where the Association Union requests to negotiate with managementManagement, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unitUnit. The phrase "significantly Asignificantly large number" number@ shall mean (a) a majority of the employees in the unitUnit, (b) all the employees with within a department Department in the unit Unit, or (c) all of the employees within a readily identifiable occupationoccupation such as Mental Health Psychiatrist. Any agreement, resulting from such negotiations shall be executed in writing by all parties hereto, and if required, approved and implemented by County's ’s Board of Supervisors. If the parties are in disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted to the Employee Relations Commission for their resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the Employee Relations Commission. Section 3. Nothing herein shall limit the authority of management Management to make necessary changes required during emergencies. However, management Management shall notify the Association Union of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency. ”Emergency“ is defined as an unforeseen circumstance requiring immediate implementation of the change. Section 4. Where Management makes any changes in working conditions because of the requirements of law, including ordinances adopted by the Board of Supervisors, the County shall not be required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. Section 5. The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

UNDERSTANDING, MODIFICATION, WAIVER. ‌ Section 1. It is intended that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to negotiate with respect to any subject or matter covered herein. With respect to other matters within the scope of negotiations, negotiations may be required during the term of this agreement as provided in Section 2 of this Article. Section 2. It is understood and agreed that the provisions of this Section are intended to apply only to matters which are not specifically covered in this agreement. It is recognized that during the term of this agreement agreement, it may be necessary for management Management to make changes in rules or procedures affecting the employees in the unitUnit. Where management Management finds it necessary to make such change changes, it shall notify the Association Union indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unitUnit; where the subject matter of the change is subject to negotiations pursuant to the Employee Relations Ordinance and where the Association Union requests to negotiate with managementManagement, the parties shall expeditiously undertake negotiations regarding the effect the change would have on the employees in the unit. The phrase "significantly large number" shall mean (a) a majority of the employees in the unit, (b) all the employees with a department in the unit or (c) all of the employees within a readily identifiable occupation. Any agreement, resulting from such negotiations shall be executed in writing by all parties hereto, and if required, approved and implemented by County's Board of Supervisors. If the parties are in disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted to the Employee Relations Commission for resolution. In the event negotiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the Employee Relations CommissionUnit. Section 3. Nothing herein shall limit the authority of management to make necessary changes required during emergencies. However, management shall notify the Association of such changes as soon as practicable.