ARTICLE 13


EFFECT OF ENTIRE AGREEMENT


13.1 FINANCIAL AND LEGISLATIVE CONTINGENCIES

In the event the University System budget request is appropriated by the legislature in the amount requested, this agreement shall remain in full force and effect. Should the appropriation be less than the request, this agreement may be opened for renegotiation by the employer as to any portion thereof the performance of which is contingent upon availability of financial resources.

13.2 SAVING CLAUSE

Should any portion of this agreement be determined invalid or unenforceable by any court or other judicial or quasi-judicial body with authority to make such a determination, the rest of the agreement shall remain in full force and effect.

13.3 REFERENCE TO STATUTES

Throughout this contract, benefits provided to all state employees by statute are summarized. These benefits are changed from time to time by the legislature. The intent of the parties is that employees will receive benefits in accordance with current state statutes. If there is a conflict between statutes and the agreement, the statutory provision shall take precedence.

13.4 INTERIM AMENDMENT

Each party hereby waives the right to insist that the other party bargain collectively during the life of this agreement with respect to any questions of wages, hours, fringe benefits or other conditions of employment except as provided for in Section 14.1 of this article. Changes to this agreement may be negotiated only upon mutual agreement of the parties to this agreement. Any agreed to changes shall be made effective upon any date agreed upon by both parties and shall expire upon the expiration of this agreement. In order for any changes to be effective, they must be set down in writing, and approved and signed by the bargaining agent and the Commissioner of Higher Education.

13.5 ENTIRE AGREEMENT

It is mutually agreed that this agreement is the master agreement for all employees in the bargaining unit and that it constitutes the entire agreement between the parties on all bargainable matters. This agreement also terminates all prior contracts, agreements, and understandings, verbal or written or based on alleged past practices, with any employee(s) in the bargaining unit and concludes all collective bargaining negotiations on any item whether contained herein or not during its term.


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