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the exercise of that right and opportunity are set forth in this Agreement. <br /> SECTION 2: Therefore, for the life of this Agreement, the Employer and the Union each <br /> voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be <br /> obligated to negotiate collectively with respect to any subject or matter referred to, or covered in <br /> this Agreement, or with respect to any subject or matter not specifically referred to or covered in <br /> this Agreement, even though such subjects or matters may not have been within the knowledge <br /> or contemplation of either or both of the parties at the time they negotiated and signed this <br /> Agreement. <br /> SECTION 3: Only upon mutual agreement of the parties may any provision of this <br /> Agreement be renegotiated during its term. <br /> ARTICLE 39: <br /> CONFORMITY TO LAW <br /> SECTION 1: This Agreement shall be subject to and subordinated to any applicable present and <br /> future federal and state laws, and the invalidity of any provisions of this Agreement by reason of <br /> any such existing or future law shall not affect the validity of the surviving provisions. <br /> SECTION 2: If the Enactment of legislation, or a determination by a court of final and <br /> competent jurisdiction (whether in a proceeding between the parties or in one not between the <br /> parties but controlling by reason of the facts) renders any portion of this Agreement invalid or <br /> unenforceable, such legislation or decision shall not affect the validity of the surviving <br /> provisions of this agreement, which shall remain in full force and effect as if such invalid <br /> provision(s)thereof had not been included herein. <br /> ARTICLE 40: <br /> TOTAL AGREEMENT <br /> SECTION 1: This Agreement represents the entire agreement between the Employer and the <br /> Union and unless specifically and expressly set forth in the express written provisions of this <br /> Agreement, all rules, regulations, benefits and practices previously and presently in effect may <br /> be modified and discontinued at the discretion of the Employer, upon the advance notice to the <br /> Union of any such modifications or discontinuances. Any claimed violation of this paragraph <br /> may be subject to the Grievance Procedure of this Agreement. <br /> 27 <br />