Department Discretionary Approvals Sample Clauses

Department Discretionary Approvals. ‌ Certain Submittals are subject to the Department’s approval in its sole or absolute discretion or good faith discretion. If the Submittal is one where the Contract Documents indicate approval is required from the Department in its sole or absolute discretion, or good faith discretion, then the Department’s lack of approval, determination, decision or other action within the applicable time period under the Contract Documents shall be deemed a disapproval. If approval is subject to the sole or absolute discretion of the Department, then its decision shall be final, binding and not subject to dispute resolution, and such decision shall not constitute a basis for any claim for Extra Work Costs, Delay Costs, time, Financial Close Deadline or Completion Deadline extensions, compensation for losses due to delays in commencement of Availability Payments or for additional interest costs due to delayed receipt of the Milestone Payment, or other relief. If the approval is subject to the good faith discretion of the Department, then its decision shall be binding unless it is finally determined through the Dispute Resolution Procedures by clear and convincing evidence that such decision was arbitrary or capricious.
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Department Discretionary Approvals. Certain Submittals are subject to the Department’s approval in its sole or absolute discretion. If the Submittal is one where the Contract Documents indicate approval is required from the Department in its sole or absolute discretion, or good faith discretion, then the Department’s lack of approval, determination, decision or other action within the applicable time period under the Contract Documents shall be deemed a disapproval. If approval is subject to the sole or absolute discretion of the Department, then its decision shall be final, binding and not subject to dispute resolution, and such decision shall not constitute a basis for any claim for Extra Work Costs, Delay Costs, time extensions or other relief. If the approval is subject to the good faith discretion of the Department, then its decision shall be binding unless it is finally determined through the Dispute Resolution Procedures by clear and convincing evidence that such decision was arbitrary or capricious.
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Related to Department Discretionary Approvals

  • Discretionary Applications The Exchange may consent to the release from escrow of escrow securities in other circumstances and on terms and on conditions it deems appropriate. Securities may be released from escrow provided that the Escrow Agent receives written notice from the Exchange.

  • Discretionary Authority BROKERAGE - ING-IM shall have full and complete discretion to establish brokerage accounts in the name of the Client and execute transactions in securities markets in the name of the Client, pursuant to proper authorization from the Client, through one or more securities broker/dealer firms as ING-IM may select, including those which from time to time may furnish to ING-IM statistical and investment research information and other services. The Client accepts the Statement of Policy on Brokerage Practices which is attached to this Agreement as EXHIBIT "B" and incorporated herein by reference. This policy may be modified by ING-IM in consultation with the Client.

  • AUTHORITY APPROVALS Except as otherwise indicated elsewhere in this Agreement, wherever in this Agreement approvals are required to be given or received by Authority, it is understood that the CEO, or a designee of the CEO, is hereby empowered to act on behalf of Authority.

  • Requisite Regulatory Approvals All Consents required to be obtained from or made with any Governmental Authority in order to consummate the transactions contemplated by this Agreement shall have been obtained or made.

  • EMPLOYER AUTHORITY 5.1 The Employer retains the full and unrestricted right to operate and manage all human resources, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and determine the number of personnel; to establish work schedules; and to perform any inherent managerial function not specifically limited by this agreement. 5.2 Any term and condition of employment not specifically established or modified by this agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate.