No restriction on Council’s Powers Clause Samples

No restriction on Council’s Powers. This Agreement or anything done under this Agreement; (a) is not to be taken as approval or consent by Council as a regulatory authority: and (b) does not in any way inhibit, deter or prejudice Council in the proper exercise of its functions, duties or powers, Pursuant to any legislation including the Act, the Roads Act 1993 (NSW) and the
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No restriction on Council’s Powers. ‌ 4.1 This Agreement or anything done under this Agreement: (a) is not to be taken as approval or consent by Council as a regulatory authority; and (b) does not in any way inhibit, deter or prejudice Council in the proper exercise of its functions, duties or powers, pursuant to any legislation including the Planning Legislation. 4.2 The Parties acknowledge that Council is a consent authority with statutory rights and obligations pursuant to the terms of the Planning Legislation. 4.3 This Agreement is not intended to operate to ▇▇▇▇▇▇, in any unlawful manner: (a) the power of Council to make any Law; or (b) the exercise by Council of any statutory power or discretion, (Discretion).‌ 4.4 No provision of this Agreement is intended to, or does, constitute any unlawful ▇▇▇▇▇▇ on any Discretion. If, contrary to the operation of this clause, any provision of this Agreement is held by a court of competent jurisdiction to constitute an unlawful ▇▇▇▇▇▇ on any Discretion, the Parties agree: (a) they will take all practical steps, including the execution of any further documents, to ensure the objective of this clause 4 is substantially satisfied;‌ (b) in the event that paragraph (a) cannot be achieved without giving rise to an unlawful ▇▇▇▇▇▇ on a Discretion, the relevant provision is to be severed and the remainder of this Agreement has full force and effect; and (c) to endeavour to satisfy the common objectives of the Parties on relation to the provision of this Agreement which is held to be an unlawful ▇▇▇▇▇▇ to the extent that it is possible having regard to the relevant court judgment. 4.5 Where the Law permits Council to contract out of a provision of that Law or gives Council power to exercise a Discretion, then if Council has in this Agreement contracted out of a provision or exercised a Discretion under this Agreement, then to the extent of this Agreement is not to be taken to be inconsistent with the Law. 4.6 Nothing in this Agreement will be deemed to impose any obligation on Council to exercise any of its functions under the Act in relation to the Modification Application, the Land or the Modified Development in a certain manner.
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No restriction on Council’s Powers. The parties acknowledge that Council is a consent authority with statutory rights and obligations pursuant to the terms of the Planning Legislation. This document or anything done under this document: is not to be taken as approval or consent by the Council as a regulatory authority; and does not in any way operate to inhibit, deter or prejudice the power of Council to make any Law or the exercise by Council of any statutory functions, duties or powers, pursuant to the Planning Legislation (Discretion). No provision of this document is intended to, or does, constitute any unlawful ▇▇▇▇▇▇ on any Discretion. If, contrary to the operation of this clause, any provision of this document is held by a court of competent jurisdiction to constitute an unlawful ▇▇▇▇▇▇ on any Discretion, the parties agree: they will take all practical steps, including the execution of any further documents, to ensure the objective of this clause 4 is substantially satisfied; and
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No restriction on Council’s Powers. 16 2.2.1 is not to be taken as approval or consent by Council as a regulatory authority; and 16
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No restriction on Council’s Powers. The parties acknowledge that Council is a consent authority with statutory rights and obligations pursuant to the terms of the Planning Legislation.
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Related to No restriction on Council’s Powers

  • No Restrictions Except as provided herein, the Borrower will not, and will not permit any Subsidiary to, directly or indirectly create or otherwise cause or suffer to exist or become effective any consensual encumbrance or restriction of any kind on the ability of any Insured Subsidiary to: (a) pay dividends or make any other distribution on any Subsidiary’s capital stock or other equity interests owned by the Borrower or any other Subsidiary, (b) pay any indebtedness owed to the Borrower or any other Subsidiary, (c) make loans or advances to the Borrower or any other Subsidiary or (d) transfer any of its property to the Borrower or any other Subsidiary, except encumbrances and restrictions of the types described below: (1) encumbrances and restrictions contained in this Agreement and the other Credit Documents; (2) customary supermajority voting provisions and other customary provisions with respect to the disposition or distribution of assets, each contained in corporate charters, bylaws, stockholders’ agreements, limited liability company agreements, partnership agreements, joint venture agreements and other similar agreements; (3) encumbrances and restrictions required by law or by any regulatory authority having jurisdiction over such Insured Subsidiary or any of their businesses; (4) customary restrictions in agreements governing Liens permitted under Section 5.9 provided that such restrictions relate solely to the property subject to such Lien; (5) encumbrances and restrictions contained in any merger agreement or any agreement for the sale or other disposition of an asset, including, without limitation, the capital stock or other equity interest of a Subsidiary, provided, that such restriction is limited to the asset that is the subject of such agreement for sale or disposition and such disposition is made in compliance with Section 5.7; (6) encumbrances and restrictions contained in contracts (other than relating to Debt) entered into in the ordinary course of business that do not, in the aggregate, detract from the value of the property or assets of the Borrower or any Subsidiary in any material manner (including, without limitation, non-assignment provisions in leases and licenses); (7) encumbrances and restrictions contained in agreements governing Debt permitted under Section 5.15; and (8) encumbrances and restrictions contained in any agreement or instrument, capital stock or other equity interest that amends, modifies, restates, renews, increases, supplements, refunds, replaces, extends or refinances any agreement, instrument or capital stock or equity interest described in clauses (1)-(8) of this Section, from time to time, in whole or in part, provided that the encumbrances or restrictions set forth therein are not more restrictive than those contained in the predecessor agreement, instrument or capital stock or other equity interest.

  • No Restriction The Buyer is not subject to any order, judgment or decree, or the subject of any litigation, claim or proceeding, pending or threatened, or any other restriction of any kind or character known to the Buyer (other than restrictions imposed by the HSR Act), which would affect the Buyer’s ability to carry out the transactions contemplated by this Agreement.

  • No Restrictions on Subsidiaries No subsidiary of the Company is currently prohibited, directly or indirectly, under any agreement or other instrument to which it is a party or is subject, from paying any dividends to the Company, from making any other distribution on such subsidiary’s capital stock, from repaying to the Company any loans or advances to such subsidiary from the Company or from transferring any of such subsidiary’s properties or assets to the Company or any other subsidiary of the Company.

  • Restriction on Use The Contractor agrees that to the extent it receives or is given any information from NYSERDA or a NYSERDA contractor or subcontractor, the Contractor shall treat such data in accordance with any restrictive legend contained thereon or instructions given by NYSERDA, unless another use is specifically authorized by prior written approval of the NYSERDA Project Manager. Contractor acknowledges that in the performance of the Work under this Agreement, Contractor may come into possession of personal information as that term is defined in Section 92 of the New York State Public Officers Law. Contractor agrees not to disclose any such information without the consent of NYSERDA.

  • Limitations and Restrictions Deduction of Rollovers and Transfers – A deduction is not allowed for rollover or transfer contributions.