ACP United Association Service Agreement

UNITED ASSOCIATION

 

National Plumbing

 

Service Agreement

 

REVISED APRIL 2024

 

UNITED ASSOCIATION

 

of Journeymen and Apprentices of the Plumbing and Pipe Fitting

 

Industry of the United States and Canada, AFL-CIO

 

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TABLE OF CONTENTS

 

AGREEMENT Page

 

ARTICLE I: Scope of Work : 1

 

ARTICLE DE: “Schedule A” to the United Association National Plumbing

 

Service Agreement 1

 

ARTICLE HI: Jurisdiction 2

 

ARTICLE IV: Classification of Employees 2

 

ARTICLE V: Non-Discrimination 3

 

ARTICLE VI: Management Rights 3

 

ARTICLE VH: Union Recognition and Union Security 3

 

ARTICLE VIII: Union Representation and Access to Jobs 4

 

ARTICLE EX: Hiring and Use of Employees 4

 

ARTICLE X: Wages and Fringe Benefits 5

 

ARTICLE XI: Hours of Work 7

 

ARTICLE XII: Shift Work Conditions 7

 

ARTICLE XIII: Safety 8

 

ARTICLE XIV Uniforms arid Vehicles 8

 

ARTICLE XV: Subcontracting 8

 

ARTICLE XVI: Work Stoppages 8

 

ARTICLE XVII: Grievance and Arbitration Procedure 9

 

ARTICLE XVIII: Standard for Excellence 10

 

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ARTICLE XIX: , Miscellaneous 10

 

ARTICLE XX: Effective Date and Renewal 10

 

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SCHEDULE A

 

I. Scope of Work A

 

H. Territorial Jurisdiction A

 

HI. Classification of Employees A

 

IV. Special Conditions B

 

V. Wages and Fringe Benefits B

 

SIGNATURE TO SCHEDULE A C

 

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The UNITED ASSOCIATION NATIONAL PLUMBING SERVICE AGREEMENT is hereby

 

made by and between (hereinafter referred to as the

 

“Employer”) and the UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF

 

THE PLUMBING AND PIPE FITTING INDUSTRY OF THE UNITED STATES AND

 

CANADA, AFL-CIO (hereinafter referred to as the “United Association” or “Union”).

 

ARTICLE I

 

Scope of Work

 

1. This Agreement shall apply to all plumbing service work performed by the Employer

 

to keep existing plumbing systems within occupied or ready to be occupied facilities

 

operating in an efficient manner. Service work includes inspection, service,

 

maintenance, start-up, balancing, adjusting, repair, modification and replacement of

 

plumbing systems. This work shall include but not be limited to sanitary drainage

 

systems, potable water systems, domestic hot water solar systems, plumbing fixtures,

 

gray water systems, recycled and rainwater capture systems, irrigation systems, gas

 

systems, and similar building utilities necessary for habitation and use. This work shall

 

also inplude service and repair of residential HVAC and mechanical systems and any

 

HVAC and mechanical systems service work that is incidental to the work otherwise

 

covered by this Agreement.

 

2. This Agreement shall also include any and all work of a similar nature to the work

 

defined in Paragraph 1, within the jurisdiction of the United Association, as mutually

 

agreed to by the parties and set forth in an approved “Schedule A.”

 

3. Any other work in the control of the Employer signing this Agreement that falls in the

 

jurisdiction of the Union, but not in the scope as outlined herein or an applicable

 

“Schedule A,” shall be done in accordance with the applicable local or national

 

collective bargaining agreement covering the work in question. The United Association

 

shall, in its sole discretion, detennine which local or national agreement is the

 

applicable agreement in the event of a dispute.

 

ARTICLE II

 

“Schedule A” to the United Association

 

National Plumbing Service Agreement

 

4. No work may be performed under this Agreement unless the parties have agreed to an

 

executed and approved “Schedule A” specifically covering such work. Each “Schedule

 

A” shall identify:

 

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a. the scope of work;

 

b. the geographic area or project(s) covered;

 

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c. the classification of employees to be utilized;

 

d. any special conditions; and

 

e. the applicable wage and fringe benefit rates for each such classification to be utilized.

 

5. The parties recognize that the Employer may execute multiple approved “Schedule A”

 

agreements for different aspects of covered work, as well as for separate geographic areas

 

and/or projects on which the Employer is performing such work.

 

6. * The terms and conditions set forth in an approved “Schedule A” executed by the parties

 

to this Agreement are hereby incorporated by reference and are a part of this Agreement,

 

the same as if set forth herein. The United Association Local Union is not authorized to

 

execute any modifications to this Agreement or any “Schedule A” unless approved in

 

writing by the United Association.

 

7. The duration of any approved “Schedule A” executed by the parties to this Agreement

 

shall be the same as the duration of this Agreement as provided in Article XX, unless

 

otherwise agreed to by the parties in the “Schedule A.”

 

ARTICLE III

 

Jurisdiction

 

8. The United Association shall have jurisdiction over all work performed under this

 

Agreement and shall assign a Local Union territorial jurisdiction for purposes of

 

administering this Agreement. The United Association shall have the authority to

 

reassign territorial jurisdiction at any time.

 

9. All questions or disputes pertaining to trade or territorial jurisdiction of a Local Union or

 

between two or more Local Unions shall be decided by the United Association and shall

 

be final and binding on the United Association Local Unions and the Employer. Likewise,

 

all questions or disputes pertaining to the applicable agreement pursuant to Paragraph 3

 

or 31 herein shall be decided by the United Association and shall be final and binding on

 

the United Association Local Unions and the Employer.

 

ARTICLE IV

 

Classifications of Employees

 

10. The classifications of Employees which the Employer may employ on work performed

 

under this Agreement shall be defined in the approved applicable “Schedule A.”

 

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ARTICLE V

 

Non-Discrimination

 

11. The Employer and the Union agree that there shall be no discrimination against any

 

Employee because of race, color, religion, gender, national origin, age or disability.

 

12. Wherever any words are used in this Agreement in the masculine gender, they shall be

 

construed as though they were also used in the feminine gender in all situations where

 

they would so apply.

 

ARTICLE VI

 

Management Rights

 

13. The management of the Employer’s business including, but not limited to, the direction

 

of the working force, the right to hire, plan, direct, control and schedule all operations

 

(including scheduling of the work force), and the right to establish, eliminate, change or

 

introduce new or improved methods, machinery, quality standards or facilities, is the sole

 

and exclusive prerogative and responsibility of the Employer. The need for, designation

 

of and determination of the number of Employees and foremen, if any, is solely the

 

responsibility of the Employer. All rights not specifically nullified by this Agreement are

 

retained by the Employer.

 

14. The Employer is vested with the right to relieve Employees from duty because of lack of

 

work or other legitimate reasons, promote, suspend, demote, transfer, discipline or

 

discharge for just cause in line with this Agreement.

 

ARTICLE VII

 

Union Recognition and Union Security

 

15. The Employer recognizes the Union as the sole and exclusive bargaining representative

 

for all Employees covered by this Agreement with respect to wages, hours and other terms

 

and conditions of employment.

 

16. All members of the Union now in the employ of the Employer shall remain members in

 

good standing in the Union during the term of this Agreement. Employees in all

 

classifications covered by this Agreement and hereinafter employed by the Employer shall

 

become members of the Union on the earliest date provided by applicable law after their

 

employment, or the date of the signing of this Agreement by the Employer, whichever is

 

later. This provision shall be effective to the extent permitted by applicable state and

 

federal lawp.

 

17. In interpreting good standing, the Employer shall not discharge an Employee for non¬

 

membership in the Union if it has reasonable grounds for believing that such membership

 

was not available to the Employee on the same terms and conditions generally applicable

 

to other members, or that membership was denied or terminated for reasons other than the

 

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failure of the Employee to tender the periodic dues and initiation fees uniformly required

 

as a condition of acquiring or retaining membership.

 

18. Upon request of the Local Union having jurisdiction of the work being performed, and

 

upon presentation of proper authorization forms executed by the individual Employees,

 

the Employer agrees to deduct from the wages of such individual Employees union

 

initiation fees and dues and shall pay to such Local Union the amount so deducted.

 

19. All sums withheld by the Employer from the paycheck of the Employees as union

 

initiation fees and/or dues for the benefit of the Employees’ Local Union shall be

 

transmitted to the Local Union no later than the fifteenth (15th) day of each month

 

following the month for which the deductions are being remitted.

 

ARTICLE VIII

 

Union Representation and Access to Jobs and Shops

 

20. Authorized representatives of the Union or the Local Union having jurisdiction over the

 

work to be performed shall have access to all jobs covered by this Agreement; however,

 

such representatives shall not interfere with the Employer’s Employees during working

 

hours.

 

ARTICLE IX

 

Hiring and Use of Employees

 

21. For the purpose of this Agreement the words “Home Local Jurisdiction” shall mean the

 

jurisdiction of the Local Union where the Employee’s fringe benefit contributions and

 

deductions are regularly contributed.

 

22. The Local Union assigned jurisdiction by the United Association over work performed by

 

an Employer signatory to this Agreement shall serve as a source of manpower.

 

23. The Employer will first request qualified Employees from the Local Union in the

 

jurisdiction of the Employer’s place of business or the Local Union in the jurisdiction in

 

which the work is to be performed. The Local Union, upon such request, agrees to furnish

 

to the Employer duly qualified Employees, including those with special skills where

 

applicable, in a sufficient number, as determined by the Employer, to properly execute all

 

work covered by this Agreement. The Employer shall retain the right to reject any

 

. applicant referred by the Union if it makes a determination that said individual is not

 

qualified.

 

24. If the Local Union is unable to supply competent and skilled Employees satisfactory to

 

the Employer within forty-eight (48) hours, the Employer may hire such persons wherever

 

available, subject to the provisions of Article VII, and train such persons to perform the

 

work required. The Employer shall immediately notify the Local Union having

 

jurisdiction of any and all new hires covered by this Agreement who were not referred by

 

the Local Union to ensure that they are properly classified by the Union to perform work

 

covered by this Agreement.

 

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The Employer agrees to be bound by the referral provisions of the Local Union having

 

jurisdiction that are not inconsistent with the terms of this Agreement.

 

25. The selection of applicants for referral to jobs shall be on a nondiscriminatory basis and

 

shall not be based on, or in any way affected by, union membership, bylaws, rules,

 

regulations, constitutional provision or by any other aspect or obligation of union

 

membership, policy or requirement; no distinction in treatment will be made based on

 

religion, color, age, national origin, sex, disability or on any other basis prohibited by

 

applicable law.

 

26. Except as otherwise set forth in an applicable “Schedule A,” the Employer may at its

 

discretion, for work covered under Article I of this Agreement, assign the first three

 

Employees from the Employer’s regular work force to work on a job within the territorial

 

jurisdiction of another Local Union. The next two Employees with the required skills shall

 

be from the Local Union jurisdiction where the work is being performed, with one

 

Employee at a time being assigned, as needed. Thereafter, additional qualified Employees

 

shall be hired on an alternating basis from the Employer’s regular work force and the

 

Local Union jurisdiction, to a maximum of five from the Employer’s regular work force,

 

unless a larger number is agreed to in writing between the Employer and the Local Union

 

where the job is being performed.

 

ARTICLE X

 

Wages and Fringe Benefits

 

27. The Employer shall pay wages for each hour worked by Employees performing work

 

covered by this Agreement in accordance with the applicable “Schedule A” to this

 

Agreement.

 

28. When an Employee is assigned to work service outside his Home Local Jurisdiction for

 

more than eight hours in a standard work week within any one jurisdiction, and when the

 

hourly wage rate as set. forth in the “Schedule A” or applicable local agreement in the

 

jurisdiction where the Employee is working differs from that of his Home Local

 

Jurisdiction, including “Schedule A,” the higher rate shall apply after the first eight hours

 

of work. All of the legally negotiated fringe benefit contributions or deductions under the

 

Employee’s Home Local Jurisdiction’s agreement, shall be paid only to the Trustees of

 

the Fringe Benefit Funds of the Home Local Jurisdiction.

 

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29. Pay day shall be once each week, no later than the fifth day following the end of the

 

Employer’s weekly payroll period. However, if checks are mailed, the Employer shall do

 

so no later than the third working day following the end of the Employer’s weekly payroll

 

period. Employees are to be paid by negotiable payroll check or by electronic or automatic

 

direct deposit, in accordance with applicable law. When Employees are laid off or

 

discharged, they shall be immediately paid all wages due. However, if payment comes

 

from a central facility, and it is permitted by state law, payment may be sent via U.S.

 

Priority Mail (or by electronic or automatic direct deposit if previously approved by the

 

Employee) within three working days of the last day worked.

 

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30. The Employer shall be required to pay fringe benefit contributions as set forth in the

 

applicable “Schedule A” for each hour worked by all Employees performing work

 

covered by this Agreement.

 

31. In addition to the fringe benefit contributions required by the applicable “Schedule A,”

 

the Employer shall also be required to make fringe benefit contributions for each hour

 

worked by all Employees performing work covered by this Agreement to the United

 

Association International Training Fund. The amount of the required contribution shall

 

be set forth in the applicable “Schedule A.”

 

32. If work covered by this Agreement is performed on public projects and applicable law

 

requires the payments of established prevailing wages and benefits, the Employer shall be

 

required to pay said wages and benefits if they are higher than those specified for in this

 

Agreement or the applicable “Schedule A.”

 

33. The Employer agrees to be bound by the written terms of any legally established trust

 

agreements establishing any Trust Fund to which the Employer is required to contribute

 

under this Agreement and the Employer agrees to be bound thereby to all amendments

 

made thereto, the same as if the Employer was a party to said trust agreements. The

 

Employer authorizes the parties to such trust agreements to appoint Trustees and successor

 

trustees to administer the Trust Funds and hereby ratifies and accepts the Trustees so

 

appointed as if made by the Employer. The Employer firrther agrees to be bound by all

 

properly adopted rules and regulations issued by the Trustees of all such funds. The

 

Employer agrees that all contributions to the Trust Funds set forth in this Agreement shall

 

be made at such time and in such manner as the Trustees of such funds shall require, and

 

the Trustees shall have the authority to retain an accountant or accounting firm to perform

 

payroll audits of the Employer to determine whether the correct amount of contributions

 

have been made or to determine whether contributions have been made on behalf of all

 

Employees covered by this Agreement.

 

34. If an Employer fails to make contributions to any of the funds to which contributions are

 

required to be made pursuant to this Agreement or applicable “Schedule A,” the Union

 

shall have the right to take whatever steps are required to secure compliance, including

 

removing Employees from the Employer providing advance notice of not less than

 

twenty-four (24) hours is given for such action to the delinquent Employer. Such removal

 

of Employees and cessation of work by Employees for such delinquent Employer shall

 

not be a violation of the “no-strike” clause or any other provision of this Agreement and

 

shall not bar or limit the other remedies allowable under this Agreement, the applicable

 

bust agreements or law.

 

35. If the Employer fails to make contributions to the trust funds set forth in this Agreement,

 

the Employer shall be liable for all costs of collecting the payments together with legal

 

and audit fee’s, interest at the highest rate permitted by the state in which the delinquency

 

occurred, and such late payment fees and liquidated damages as may be assessed by the

 

Trustees. If an Employer fails to make contributions to any of the Funds set forth in the

 

Agreement, such failure shall be grounds for termination of this Agreement with thirty

 

days written notice.

 

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36. When an Employee reports for work during the regular work day and is not given the

 

opportunity to work, and was not notified before completing the previous day’s work, the

 

Employee shall be paid two (2) hours reporting time.

 

37. Should a Project Maintenance Agreement (“PMA”) or a Project Labor Agreement

 

(“PLA”) be entered into by the United Association or its Local Union, which contains

 

wages and working conditions more advantageous than set forth in this Agreement, an

 

Employer performing work covered by this Agreement shall be eligible for these more

 

advantageous terms for work performed at the applicable PMA or PLA job site.

 

ARTICLE XI

 

Hours of Work

 

38. The regular workweek shall be five (5) consecutive work days Monday through Saturday

 

and shall consist of eight (8) consecutive hours of work between the hours of 6 a.m. and

 

9 p.m., excluding a half-hour unpaid lunch period, or as mutually agreed upon by the

 

parties to this Agreement. By mutual agreement between the Employer and the Union, the

 

regular workweek may be established to consist of four consecutive ten hour days. The

 

pay for all hours worked on a four-tens schedule shall be at the applicable straight- time

 

rate and not subject to overtime provisions.

 

39. Overtime pay shall be required for all hours in excess of the regularly scheduled

 

workweek or in excess of the regularly scheduled workday, as defined above.

 

40. All overtime will be paid at one and one-half times the straight-time rate, except that work

 

performed Saturdays in excess of eight hours and all hours worked on Sundays or the

 

following holidays (or, if the holiday falls on a weekend, the day recognized by the federal

 

government as the holiday) will be paid at double the straight-time rate: New Year’s Day,

 

Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day.

 

ARTICLE Xn

 

Shift Work Conditions

 

41. Where it becomes necessary to work shifts for a period of not less than three (3)

 

consecutive workdays in the same workweek, the second and third shifts shall be as

 

follows:

 

! Second Shift:Not to exceedeight (8) consecutive hoursplus a thirty

 

(30) minute lunch period, commencing after 3:00 p.m. and ending

 

not later than 1:00 a.m. the following day, shall be known as the

 

second shift. The shift differential shall be 10% of the base straighttime hourly wage rate.

 

Third Shift: Not to exceed eight (8) consecutive hours plus a thirty

 

(30) minute lunch break, commencing after 11:00 p.m. and ending

 

not later than 8:00 a.m. the following day, shall be known as the third

 

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shift. The shift differential shall be 15% of the base straight- time

 

hourly wage rate.

 

42. Forty hours per week shall constitute a full week’s work. Any work in excess of eight (8)

 

hours per day and all worked beyond the forty (40) hours per week shall be compensated

 

subject to the provisions of Article XI.

 

ARTICLE XIII

 

Safety

 

43. Employers, Employees and the Union recognize the importance of working in a safe

 

environment. It is to the benefit of all parties for the Employer to provide safety training

 

and for the Employees to comply with all safety regulations and policies.

 

44. The Employer shall have the right to make and revise from time to time safety and

 

working rules that are not inconsistent with any of the terms of this Agreement.

 

ARTICLE XIV

 

Uniforms and Vehicles

 

45. All Employees shall keep themselves clean and neat. When special uniforms are required

 

by the Employer, the Employer shall supply such uniforms.

 

46. Employees shall keep equipment and company-owned vehicles, within their control, in a

 

neat, clean and safe condition.

 

ARTICLE XV

 

Subcontracting

 

47. In order to secure work for Employees of the Employer under this Agreement and in order

 

to protect wages and working conditions of such Employees, the Employer shall make

 

reasonable efforts to perform covered work with Employees covered by this Agreement.

 

To this end, the Employer agrees that it will not subcontract or sublet out any service or

 

repair work covered by this Agreement to be performed by any other Employer unless

 

that Employer pays wages and fringe benefits, as well as provides working conditions,

 

that are no less than the wages, fringe benefits and working conditions provided in this

 

Agreement and the “Schedule A.”

 

ARTICLE XVI

 

I Work Stoppages

 

48. The Union will not induce, engage or participate, directly or indirectly in any strike,

 

picketing, slowdown, stoppage or other curtailment or interference with the Employer’s

 

operations, or interfere with the flow of business in or out of places where the Employer

 

is doing business, provided however, the Union may withhold manpower if an Employer

 

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fails to pay wages in full and on time or if the Employer has been delinquent in the

 

payment of fringe benefits as required by this Agreement.

 

49. There shall be no work stoppages because of jurisdictional disputes pertaining to trade or

 

territorial jurisdiction of a Local Union or between two or more United Association Local

 

Unions.

 

ARTICLEXVn

 

Grievance and Arbitration Procedure

 

50. Where a disagreement exists between the Employer and the Union regarding the intent,

 

meaning, application or compliance with the terms of this Agreement or an approved

 

“Schedule A,” it shall be resolved in accordance with the grievance procedure covered in

 

this Article. Such disagreement shall be submitted for resolution within ten (10) days from

 

the date of the occurrence or from the date it reasonably could have been discovered by the

 

parties involved in accordance with the grievance procedure covered in this Article.

 

51. When a disagreement arises, the resolution and/or settlement shall proceed as follows:

 

Step 1: On a local basis between the Local Union assigned jurisdiction

 

and the Employer. If not settled within five (5) working days, proceed

 

to:

 

Step 2: The grievance shall be settled between the United Association

 

and the Employer. If not settled within thirty (30) days, proceed to:

 

Step 3: The grievance shall be reduced to writing in terms of the issue(s)

 

to be arbitrated and shall be filed unilaterally or jointly with the

 

Industrial Relations Council (“IRC”).

 

52. The parties agree to be bound by the rules, regulations and procedures of the IRC for

 

resolving any disagreements referred to it under this Agreement or approved “Schedule

 

A.” It is further understood and agreed that each sideshall bear its own costs of submitting

 

such dispute to the IRC, except that any filing fee shall be shared equally. The IRC shall

 

only have jurisdiction and authority to interpret, apply or determine compliance with the

 

provisions of this Agreement or approved “Schedule A” and shall not have jurisdiction to

 

modify or change the Agreement in any way. The parties further agree that the decision

 

of the IRC shall be final and binding on all parties.

 

53. If there has been a violation of this Agreement, the IRC is authorized to devise an

 

appropriate remedy including, but not limited to, payment of all wages and fringe benefits

 

due and‘owing on behalf of an Employee who has been adversely affected by a violation

 

of this Agreement.

 

54. When a grievance is initiated by the United Association rather than an Employee or a

 

Local Union, the United Association shall have the option to bypass step one and proceed

 

directly to a second step meeting. Such United Association grievances shall be filed in

 

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writing within a reasonable time from the date of the occurrence or from the date it

 

reasonably could have been discovered.

 

ARTICLE XVIH

 

Standard for Excellence

 

55. The parties subscribe to and adopt the United Association Standard for Excellence. It is

 

also agreed that the Employer will adopt and be bound by the procedures in place to

 

effectuate the Standard for Excellence, if any, as negotiated by the Local Union and the

 

recognized contractor’s group in the area where the Employer’s branch office(s) are

 

located.

 

ARTICLE XIX

 

Miscellaneous

 

56. If any provision of this Agreement is in conflict with the laws or regulations of the United

 

States, , or any state in which the work is to be performed, such provision shall be

 

superseded by such law or regulation, but all other provisions of this Agreement shall

 

continue in full force and effect.

 

57. This Agreement supersedes all the provisions of any other Local Union Agreement for

 

work covered by this Agreement. Signatories to this Agreement are not required to sign

 

any Local Agreements except that they may be required to subscribe in writing to Local

 

Union Trust Fund Agreements for the purpose of making required contributions to said

 

Funds as provided in Article X.

 

ARTICLE XX

 

Effective Date and Renewal

 

58. This Agreement shall become effective when signed by the parties hereto and shall remain

 

in full force and effect until . Thereafter, this Agreement shall

 

automatically renew itself for additional one (1) year periods unless either party serves

 

written notice of termination or a written request for modification upon the other party

 

sixty (60) days prior to the Agreement’s expiration. Likewise, any “Schedule A” entered

 

into by the parties is effective when signed and shall remain in full force and effect for the

 

duration of this Agreement provided herein, unless provided otherwise in the “Schedule

 

A.”

 

59. The parties may at any time during the term of this Agreement agree to renegotiate its

 

terms and conditions, on the sole and exclusive condition that such agreement to reopen

 

and renegotiate is mutually agreed to in writing by the parties. Additionally, no

 

modification to this Agreement shall be binding or of any force or effect unless and until

 

it is reduced to writing and mutually agreed to by the parties.

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