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Collective Bargaining Agreementbetwem .Mayfield Vllage and the I.A.F.F. Loca12619 Section 34.2. If in the event any provision is so rendered invalid, upon written request of either party hereto, the Employer and the Union shall meet within thirty (30) days for the purpose of negotiating a satisfactory replacement for such provision. Section 34.3. Any negotiated change must be reduced to writing and signed by both parties to be effective and incorporated into this Agreement. -ARTICLE 35 WAIVER IN CASE OF EMERGENCY Section 35.1. In cases of emergency declared by the President of the United States, the Governor of the State of Ohio, the Mayor of Mayfield Village, the federal or state legislature, such as acts of God, the following conditions of this Agreement shall automatically be suspended: 1. Time limits for Employer or Union replies on grievances; and 2. All work rules and/or agreements and practices relating to the assignment of all employees. Section 35.2. Upon termination of the emergency, should valid grievances exist, they shall be processed in accordance with the provisions outlined in the grievance procedure and shall proceed from the point in the grievance procedure to which they (the grievance) had properly progressed. Section 35.3. An emergency shall cease to exist upon the cessation of the event that gave rise to the declared state of emergency, but in any event after a period of no longer than ten (10) days' duration. ARTICLE 36 TOTAL AGREEMENT Section 36.1. This Agreement represents the entire agreement between the Employer and the Union and unless specifically and expressly set forth in the express written provisions of this Agreement, all rules, regulations, benefits and practices previously and presently in effect maybe modified or discontinued at the sole discretion of the Employer. ARTICLE 37 DURATION Section 37.1. This Agreement shall be effective January 1, 2011 and shall remain in full force and erect until December 31, 2013, unless otherwise terminated as provided herein. This Agreement shall continue from year to year beyond the original term,hereof unless either party notifies the other in writing of its intent to amend, modify, or terminate the Agreement by certified U.S.. mail not later than ninety (90) days nor earlier than one hundred twenty (120) days prior to the expiration date of the Agreement. Section 37.2. If either party desires to modify, amend or terminate this Agreement, it shall give written notice of such intent no earlier than one hundred twenty (120) calendar days prior to and no later than ninety (90) calendar days prior to the expiration date of this Agreement. Such. notice shall be by certified mail with return receipt. Negotiations will commence as soon as practical thereafter. 28