Article 47
Severability
In the event
that any Article, Section or portion of this Agreement is found to be invalid
by a decision of a tribunal of competent jurisdiction or shall have the effect
of loss to the State of funds made available through Federal law, then such
specific Article, Section or portion specified in such decision or having such
effect shall be of no force and effect, but the remainder of this Agreement
shall continue in full force and effect. Upon the issuance of such a decision
or the issuance of a ruling having such effect of loss of Federal funds, then
either party shall have the right immediately to reopen negotiations with
respect to a substitute for such Article, Section or portion of this Agreement
involved. The parties agree to use their best efforts to contest any such loss
of Federal funds which may be threatened. In the event that the Legislature
fails to implement Sections 7.1 through 7.7, any or all Articles may be
reopened at the option of PEF or the State, and renegotiated. In the event that
any other Article, Section or portion of this Agreement fails to be implemented
by the Legislature, then in that event, such Article, Section or portion may be
reopened by PEF or the State and renegotiated. During the course of any
reopened negotiations any provision of this Agreement not affected by such
reopener shall remain in full force and effect.