Discretionary Actions Clause Samples

Discretionary Actions. Agencies may at their discretion except the fol- lowing actions from competitive proce- dures of this section: (i) A promotion without current com- petition of an employee who was ap- pointed in the competitive from a civil service register, by direct hire, by non- competitive appointment or non- competitive conversion, or under com- petitive promotion procedures for an assignment intended to prepare the employee for the position being filled (the intent must be made a matter of record and career ladders must be doc- umented in the promotion plan); (ii) A promotion resulting from an employee’s position being classified at a higher grade because of additional duties and responsibilies; (iii) A temporary promotion, or de- tail to a higher grade position or a po- sition with known promotion poten- tial, of 120 days or less; (iv) Promotion to a grade previously held on a permanent basis in the com- petitive service (or in another merit system with which OPM has an inter- change agreement approved under § 6.7 of this chapter) from which an em- ployee was separated or demoted for other than performance or conduct rea- sons; (v) Promotion, reassignment, demo- tion, transfer, reinstatement, or detail to a position having promotion poten- tial no greater than the potential of a position an employee currently holds or previously held on a permanent basis in the competitive service (or in another merit system with which OPM has an interchange agreement ap- proved under § 6.7 of this chapter) and did not lose because of performance or conduct reasons; and (vi) Consideration of a candidate not given proper consideration in a com- petitive promotion action. (vii) Appointments of career SES ap- pointees with competitive service rein- statement eligibility to any position for which they qualify in the competi- tive service at any grade or salary level, including Senior-Level positions established under 5 CFR Part 319—Em- ployment in Senior-Level and Sci- entific and Professional positions.

Discretionary Actions. Any discretionary action, including the granting of a loan pursuant to Section 10 hereof, to be taken by the Employer or the Administrator under this Plan shall be non-discriminatory in nature and all Employees similarly situated shall be treated in a uniform manner.

Discretionary Actions. The Administrator shall have discretionary authority to determine eligibility for benefits and construe the terms of the Plan. Any discretionary action, including the granting of a loan pursuant to Article XII hereof, to be taken by the Employer or the Administrator under this Plan shall be non-discriminatory in nature and all Employees similarly situated shall be treated in a uniform manner.

Discretionary Actions. The Parties anticipate that the Priority Improvements and Priority O&M (collectively “Special Tax Revenue Projects”) have been analyzed in the Final Environmental Impact Report for the Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD #83356-EIR-658, SCH #2005081077), dated June 18, 2010, on file in the Office of the District Clerk bearing Document No. 56562 (“Project EIR”) in accordance with the California Environmental Quality Act (“CEQA”). However, to the extent that any future improvements, including without limitation the Other Improvements, have not been identified as of the date of this Agreement, such improvements may require further environmental review in accordance with CEQA. This Agreement shall not bind the District and/or City, as applicable, to approving any Special Tax Revenue Projects, or any necessary CEQA analysis for the same, including feasible mitigation measures, project alternatives (without limitation the a “no project alternative”) or a statements of overriding considerations, if required. The Parties understand, acknowledge and agree that, notwithstanding the terms and conditions of this Agreement, the Special Tax Revenue Projects may require discretionary approvals, including without limitation, agreements related to real property or operation, maintenance, servicing or replacement of improvements, California Coastal Act approvals, conditional project approvals and other discretionary permits and entitlements (collectively, “Discretionary Actions”). Nothing in this Agreement shall commit the respective Party to a definite course of action or in any way diminish the respective Party’s exercise of its discretion for any Discretionary Action. Any and all Discretionary Actions may be exercised in the sole and absolute discretion of the respective Party exercising such direction. The Parties assume the risk that a Discretionary Action may not be taken or approved.

Discretionary Actions. Notwithstanding anything else to the contrary herein, whenever reference is made in this Agreement to any discretionary action by, consent, designation, specification, requirement or approval of, notice, request or other communication from, or other direction given or action to be undertaken or to be (or not to be) suffered or omitted by the Collateral Agent or to any election, decision, opinion, acceptance, use of judgment, expression of satisfaction or other exercise of discretion, rights or remedies to be made (or not to be made) by the Collateral Agent, it is understood that the Collateral Agent shall be acting at the direction of the Holders and shall be fully protected in acting pursuant to such directions. In all cases the Collateral Agent shall be fully justified in failing or refusing to take any such action under this Agreement if they shall not have received written instruction, advice or concurrence from the Holders of a majority in principal amount of the then total outstanding Notes. For purposes of clarity, phrases such as “satisfactory to the Collateral Agent”, “approved”, “approved by the Collateral Agent”, “acceptable to the Collateral Agent”, “as determined by the Collateral Agent”, “in the Collateral Agent’s discretion”, “selected by the Collateral Agent”, and phrases of similar import, except as otherwise expressly provided herein, authorize and permit the Collateral Agent to approve, disapprove, determine, act or decline to act only at the direction of the Holders of a majority in principal amount of the then total outstanding Notes.

Discretionary Actions. Any Party may, on its own and in its own discretion, take any of the following actions or exercise any of the following rights granted to it as a member of the TCM Group under the Registration Rights Agreement: (i) register any of its Registrable Securities pursuant to the Shelf Registration provisions set forth in Section 2.2 of the Registration Rights Agreement; or (ii) register any of its Registrable Securities pursuant to the Piggyback Registration rights provisions set forth in Section 2.3 of the Registration Rights Agreement.

Discretionary Actions. The Agency may, at its discretion, except the following action from competitive procedures: A. Promotion of an employee who was appointed in the competitive service from an OPM register, by direct hire, through delegated examining authority, noncompetitive appointment or noncompetitive conversion, or under competitive promotion procedures for an assignment intended to prepare the employee for the position being filled (agency intent must be a matter of record and career ladders must be documented in the promotion plan). B. Promotion resulting from an employee's position being classified at a higher grade because of additional duties and responsibilities. This type of promotion is also referred to as an “accretion of duties promotion.” C. Temporary promotion or detail to a higher-graded position or a position with higher promotion potential for 120 days or less. D. Promotion to a grade previously held on a permanent basis in the competitive service from which an employee was separated or demoted for other than performance or conduct reasons. E. Promotion, reassignment, demotion, transfer, reinstatement, or detail to a position having promotion potential no greater than the potential of a position previously held on a permanent basis in the competitive service and which the employee did not lose because of performance or conduct reasons. F. Promotion of an employee when directed by authorized authorities (i.e., judges, arbitrators, FLRA and other appropriate authorities acting within the scope of their authority). G. Conversion of temporary or term promotions to permanent positions, when the possibility was clearly stated in the original competitive notice. H. Details made in 120-day increments, up to one year to unclassified duties or to the same or lowered graded duties. I. Appointment from a certified OPM register for which no further competition is required. J. Consideration of a candidate not given proper consideration in a competitive promotion action.

Discretionary Actions. Notwithstanding anything else to the contrary herein, whenever reference is made in this Agreement to any discretionary action by, consent, designation, specification, requirement or approval of, notice, request or other communication from, or other direction given or action to be undertaken or to be (or not to be) suffered or omitted by the Disbursement Agent or to any election, decision, opinion, acceptance, use of judgment, expression of satisfaction or other exercise of discretion, rights or remedies to be made (or not to be made) by the Disbursement Agent, it is understood that in all cases the Disbursement Agent shall be fully justified in failing or refusing to take any such action under this Agreement if it shall not have received such written instruction, advice or concurrence of the Administrative Agent. Upon receipt of such written instruction, advice or concurrence from the Administrative Agent, the Disbursement Agent shall take such discretionary actions in accordance with such written instruction, advice or concurrence. This provision is intended solely for the benefit of the Disbursement Agent and its successors and permitted assigns and is not intended to and will not entitle the other parties hereto to any defense, claim or counterclaim, or confer any rights or benefits on any party hereto.

Discretionary Actions. (a) PWM is hereby authorized, to the same extent ▇▇▇▇▇▇ is authorized pursuant to Section 3.4 of the Subadvisory Agreement, to take the actions set forth in subsections (a), (b), and (d) of Section 3.4 of the Subadvisory Agreement, and generally, to perform any other act necessary to enable PWM to carry out its obligations under this Agreement. (b) PWM may employ, retain or otherwise avail itself of the services and facilities of persons and entities within its own organization or any other organization for the purpose of providing PWM, ▇▇▇▇▇▇, the Manager or the Portfolio with such information, advice or assistance, including but not limited to advice regarding economic factors and trends and advice as to transactions in specific securities, as PWM may deem necessary, appropriate or convenient for the discharge of its obligations hereunder or as may otherwise be helpful to ▇▇▇▇▇▇, the Manager or the Portfolio, or in the discharge of PWM's overall responsibilities with respect to the other accounts for which it serves as an investment manager or investment adviser. PWM's acquisition of information, advice or assistance pursuant to this subsection shall be at PWM's own expense and shall not relieve PWM of any of its obligations under this Agreement.