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the right to establish, discontinue or modify those tertns and cond tions of employment not <br /> controlled by this Agreement; the right to operate and manage all manpower, facilities and <br /> equipment, the right to establish functiors and programs; the right to et and amend budgets; the <br /> right to determine the utilization of technology; the right to stablish and modify the <br /> organizational structure, the right to select, direct and determine the n mber of personnel and the <br /> right to establish work schedules. <br /> ARTICLE 22 I <br /> NONDISCRIMINA TION <br /> Section 1. During the term of this Agreement neither the City nor the Union shall <br /> discriminate with regard to the rights, privileges, power, authority, duty or responsibility of <br /> either as to any person with regard to age, sex, marital status, race, c lor, creed, national origin, <br /> political affiliation or with regard to whether any such person is or is not affiliated with the <br /> Union. <br /> Section 2. The parties agree that their respective rights nd authority shall not be <br /> exercised as to violate any provision of this Agreement. <br /> ARTICLE 23 , <br /> SA VINGS CLA IISE <br /> Section 1. Should any article, section or portion thereof f this Agreement be held <br /> unlawful, or unenforceable, by any Court of competent jurisdiction, uch decision of the court <br /> shall apply only to that specific article, section or portion thereof and nsofar as may be possible <br /> shall not affect the provisions otherwise appearing herein. The Cit and the Union agree to <br /> renegotiate any such article, section or portion as soon as practicable. <br /> Section 2. This Agreement is the entire agreement between the parties terminating all <br /> prior agreements, arrangements and practices expressly covered by the provisions hereof. <br /> Seetion 3. The masculine gender as used in this Agree ent shall be deemed to <br /> include the feminine gender, unless in the context of the provision(s concerned, the feminine <br /> gender is clearly inappropriate. <br /> Section 4. This Agreement may be amended or modified during its term only with <br /> mutual w�ritten consent of both parties. <br /> 30 <br />