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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 />