2008-043 Resolution - Laserfiche WebLink

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#,°` ARTICLE XXXIII GENDER AND PLURAL >;.Ol Whenever the context so requires, ihe use of words herein, in the singular, shall be constrLied to inckiae the plural, and words in the plural, the singiilar, and words whether in the masculine, feminine or neuter gender shall be construed to include all of said genders. By the use of either the masculine or feminine genders it is understood that said use is for convenience puz•poses oi11y and is not to be interpreted to be discriminatory by reason of sex. ARTICLE XXXIV OBLIGATION TO NEGOTIATE 34.01 The Employer and the FOP aclaiowledge that during negotiations whiclz preceded this Agreement, each had the unlimited right and opportunity to make deinands and proposals with respect to any subject or matter not removed by law fronl the area of collective bargaining/negotiations aild that the Lulderstandings and agreements arrived at by the parties after the exercise of thati righi and opportunity are set forth in this Agreement. 34.02 Therefore, for the life of this Agreement, the Employer and the FOP each voluntarily and unqLialifiedly waives the right, and each agrees that the other sl1a11 not be obligated to negotiate collectively witl7 respect to any subject or matter referred to, or covered in this Agreement, or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated and signed this Agreemeilt. 34.03 Only upon mutual agreement of the parties may any provision of this Agreement be renegotiated during its term. ARTICLE XXXV CONFORMITY TO LAW ,5.01 This Agreeinent shall be subject to and subordinated to any applicable present and future federal and state laws, and the invalidity of any provisions of this Agreement by reason of ariy sucli eaisting or future law shall not effect the validity of the surviving provisions. 35.02 If the Enactment of legislation, 01- a determination by, a court of final arld competent jurisdiction (whether iil a pr-oceeding between the parties oi- un ojte not between the parties but controlling by reason of the facts) renders any portion of fliis Agreement invalid ar Lulenforceable, such Iegislation or decision shall not effect the validity of the surviving provisions of t11is agreeinent, which shall remain in full force and effect as if sueh invalid provision(s) thereof had not been included herein. ARTICLE XXXVI TOTAL AGREEMENT 36.01 This Agreement repr-esents the eiItire agreement between t17e Enlployer and the FOP and unless specifically and eapressly set forth in the express written provisions of this Agi-eement, all rllles, regulations, benefits and practices previously aild presently in effect may be modified and discontinued at the discretion of the Employer, upon the advance notice to the FOP of any such iiiodifications or discontinuances. Any claimed violation of this paragraph may be subject to the Grievance Procedure of this Agreenlent. ?;