Prudence Sample Clauses
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Prudence. The Parties, and each of them, represent and warrant that in executing this Agreement they rely solely upon their own judgment, belief and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, extent and duration of their rights and claims hereunder and regarding all matters which relate in any way to the subject matter hereof, and that, except as provided herein, they have not been influenced to any extent whatsoever in executing this Agreement by any representations, statements or omissions pertaining to any of the foregoing matters by any party or by any person representing any party to this Agreement. The Parties, and each of them, further represent and warrant to each other that he, she or it has made such investigation of the facts pertaining to the settlement, this Agreement and all of the matters pertaining thereto, as he, she or it deems necessary. Each Party assumes the risk of mistake as to facts or law.
Prudence. Unless otherwise agreed in writing by Lessor and Lessee, Lessee covenants to utilize modern mining methods and coal cleaning machinery and equipment, all in a manner consistent with prudent mining practices in East Tennessee.
Prudence. All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the New York Liquid Asset Fund (NYLAF) Board of Governors to govern effectively. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.
Prudence. The Parties agree that nothing in this Agreement, including the reductions to the 2023-2025 GTA revenue requirement, is an admission by EPC that those revenue requirement amounts are imprudent. The Parties further agree that no Party may rely on anything in this Agreement as evidence in any future proceeding that any revenue requirement amounts are either prudent or imprudent.
Prudence. The standard of prudence to be used for managing the investment property is the prudent investor rule applicable to a fiduciary, which states that a prudent investor "shall exercise the judgment and care, under circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of their capital.”
Prudence. The Signatories agree that they shall not challenge the prudence of the decision to acquire the facility under the terms of the BTA, including Non-Compliant wind turbine generators under the terms of the BTA, and to merge Brickyard Hills Project, LLC into Ameren Missouri if the acquisition of the facility closes pursuant to the BTA. Nothing in this Stipulation limits the ability of any Signatory or other party from challenging the prudency of the design, construction costs, interconnection costs, and all other project related costs, including costs impacted by construction duration.
Prudence. The persons signing this Settlement Agreement on behalf of any trust, fund, plan, or other organization warrant and represent that they have concluded that this settlement is reasonable, prudent and in the best interest of the beneficiaries, participants, members, shareholders, and employees to whom they owe any fiduciary duty or other duty of care. Said persons also warrant and represent that they have engaged in all actions and procedures required by law, agreement, or governing principle to reach the conclusion that this settlement is reasonable, prudent, and in the best interest of the beneficiaries, participants, members, shareholders, and employees to whom they owe any fiduciary duty or other duty of care.
Prudence. Throughout the procurement process the Contractor shall ensure that former or present Armed Forces personnel do not encounter situations that place the former or present Armed Forces personnel at risk of violating non-disclosure agreements (with their former or present employer) or situations where conflicts of interest can arise. The Contractor is requested to inform the Purchaser with regards to whether such conflicts may arise. The Purchaser has the prerogative to request changes regarding which personnel that may contribute in the Contractors performance under the Contract. The Purchaser is bound by the Public Administration Act regarding conflict of interest.
Prudence. The standard of care that qualified utility management would be expected to exercise under the circumstances that existed at the time the decision in question had to be
Prudence. The Trustee shall act with the care, skill, prudence and due diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims provided, however, that the Trustee shall incur no liability to any person for any action taken pursuant to a direction, request or approval given by the Employer and the Executive which is contemplated by, and in conformity with, the terms of this Trust and is given in writing by the Employer and the Executive. In the event of a dispute between the Employer and the Executive, the Trustee may apply to a court of competent jurisdiction to resolve the dispute, with the Employer having responsibility to pay for such expenses.