Management Limitations Clause Samples

Management Limitations. Notwithstanding any provision in this Agreement or any other agreements between the parties, or any other right to enforce the provisions of this Agreement or such other agreements, the City shall not engage in any of the following: planning, organizing, directing, coordinating, or controlling all or any portion of the Tribe’s gaming operations (collectively, “Management Activities”), including: (a) the training, supervision, direction, hiring, firing, retention, compensation (including benefits) of any employee (whether or not a management employee) or contractor; (b) any working or employment policies or practices; (c) the hours or days of operation; (d) any accounting systems or procedures; (e) any advertising, promotions or other marketing activities; (f) the purchase, lease, or substitution of any gaming device or related equipment or software, including player tracking equipment; (g) the vendor, type, theme, percentage of pay-out, display or place or placement of any gaming device or equipment; or (h) budgeting, allocating, or conditioning payments of the Borrower’s operating expenses; provided however, that upon the occurrence of a default by the Tribe, the City will not be in violation of the foregoing restrictions solely because the City: (a) enforces compliance with any term in this Agreement or such other agreements between the parties that does not require the gaming operations to be subject to any third-party decision-making as to any Management Activities; or (b) requires that all or any portion of any revenues of the gaming operations be applied to satisfy valid terms of this Agreement or such other agreements between the parties; or (c) otherwise forecloses on all or any portion of any collateral securing the Tribe’s obligations under this Agreement or such other agreements between the parties. NOTWITHSTANDING ANY OTHER POSSIBLE CONSTRUCTION OF ANY PROVISION(S) CONTAINED IN THIS AGREEMENT OR IN ANY OTHER AGREEMENT BETWEEN THE PARTIES, THE PARTIES HERETO AGREE THAT WITHIN THE MEANING OF IGRA: (A) THIS AGREEMENT AND SUCH OTHER AGREEMENTS, INDIVIDUALLY AND COLLECTIVELY, DO NOT AND SHALL NOT PROVIDE FOR THE MANAGEMENT OF ALL OR ANY PART OF THE TRIBE’S GAMING OPERATIONS BY ANY PERSON OTHER THAN THE TRIBE OR DEPRIVE THE TRIBE OF THE SOLE PROPRIETARY INTEREST AND RESPONSIBILITY FOR THE CONDUCT OF THE TRIBE’S GAMING OPERATIONS; AND (B) NEITHER THE CITY NOR ANY OF ITS AGENTS, EMPLOYEES, OFFICERS OR OTHER REPRESENTATIVES WILL EXERCISE ANY REMEDY OR O...
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Management Limitations. 35.1. Management will not carry out the duties or tasks of a Service Technician covered by this Agreement, including carrying out service calls, as a predominant part of their role. 35.2. Where a requirement arises such that it is necessary for management to carry out an ad hoc task ordinarily performed by a Service Technician, the Manager will notify the relevant Union Delegate in the first instance (or is not contactable, another Service Technician) as soon as reasonably practicable of such a requirement.
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Related to Management Limitations

  • Investment Limitations If the Custodian has otherwise complied with the terms and conditions of this Agreement in performing its duties generally, and more particularly in connection with the purchase, sale or exchange of securities made by or for a Portfolio, the Custodian shall not be liable to the applicable Fund and such Fund agrees to indemnify the Custodian and its nominees, for any loss, damage or expense suffered or incurred by the Custodian and its nominees arising out of any violation of any investment or other limitation to which such Fund is subject.

  • Payment Limitations 7.10.1 When the Project involves federal funds or any funds other than those authorized by the Mississippi Legislature, either by direct appropriation or by authority to issue general obligation bonds or revenue bonds of the State of Mississippi for expenditures to be made by or under the direction of the Owner, it is mutually agreed that the amount of the Professional's fee based on such funds shall in no event become due until such federal funds or other funds have been actually paid into the State Treasury.

  • Investment Limitation The Company shall not invest, or otherwise use the proceeds received by the Company from its sale of the Shares in such a manner as would require the Company or any of its subsidiaries to register as an investment company under the Investment Company Act.

  • Account Limitations Limitations are implemented to help protect PayPal, buyers and sellers when we notice restricted activities, an increased financial risk, or activity that appears to us as unusual or suspicious. Limitations also help us collect information necessary for keeping your PayPal account open. There are several reasons why your PayPal account could be limited, including: • If we suspect someone could be using your PayPal account without your knowledge, we’ll limit it for your protection and look into the fraudulent activity. • If your debit or credit card issuer alerts us that someone has used your card without your permission. Similarly, if your bank lets us know that there have been unauthorized transfers between your PayPal account and your bank account. • In order to comply with applicable law. • If we believe in our sole discretion that you have breached this agreement or violated the Acceptable Use Policy. • Seller performance indicating your PayPal account is high risk. Examples include: indications of poor selling performance because you’ve received an unusually high number of claims and chargebacks, selling an entirely new or high-cost product type, or if your typical sales volume increases rapidly. Unless a permanent limitation is placed on your account, you will need to resolve any issues with your account before a limitation can be removed. Normally, this is done after you provide us with the information we request. However, if we reasonably believe a risk still exists after you have provided us that information, we may take action to protect PayPal, our users, a third party, or you from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

  • Investment Limits In the performance of its duties and obligations under this Agreement, Subadviser shall act in conformity with applicable limits and requirements, as amended from time to time, as set forth in the (A) Fund's Prospectus and Statement of Additional Information ("SAI"); (B) instructions and directions of AEFC and of the Board; (C) requirements of the 1940 Act, the Internal Revenue Code of 1986, as amended, as applicable to the Fund, and all other applicable federal and state laws and regulations; and (D) the procedures and standards set forth in, or established in accordance with, the Advisory Agreement.