Retention of Discretion Clause Samples

The Retention of Discretion clause grants a party, often an employer or plan administrator, the authority to interpret and make final decisions regarding the terms and administration of an agreement or policy. In practice, this means that the designated party can determine eligibility for benefits, resolve ambiguities, and decide how provisions are applied in specific situations. This clause is essential for ensuring consistent decision-making and reducing disputes, as it centralizes interpretive authority and clarifies who has the final say in case of disagreements.
Retention of Discretion. This Agreement regarding the Annexation in no way obligates or limits the City Council’s discretion, subject to and consistent with applicable laws, ordinances, and regulations to: (1) determine the level of environmental review (i.e., exemption, negative declaration, mitigated negative declaration, or EIR); (2) adopt, approve, certify or decline to adopt, approve, or certify any environmental document required by the California Environmental Quality Act; and (3) approve, approve with conditions, or disapprove any component of the Annexation in the same manner and to the same extent that the City Council would have such discretion in the absence of this Agreement. CMLLC retains full discretion to protest or vote against the Annexation if it determines at any time, in its sole and absolute discretion, that the Annexation would not be in the best interest of CMLLC.
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Retention of Discretion. This Agreement regarding the Owner Modifications in no way obligates or limits the City Council’s discretion to: (1) determine the level of environmental review (i.e., exemption, negative declaration, mitigated negative declaration, or EIR); (2) adopt, approve, certify or decline to adopt, approve, or certify any environmental document required by the California Environmental Quality Act; and (3) approve, approve with conditions, or disapprove any component of the specific plan; (4) approve, approve with conditions, or disapprove any component of the Fortuna General Plan Mill District; (5) adopt any amendments to the City’s zoning regulations; (6) approve, approve with conditions, or disapprove any Owner Modifications; or (7) approve, approve with conditions, or disapprove any development related applications for permits or other entitlements that Owner (or any of Owner’s agents, tenants, sub- tenants, licensees, or successor) has filed or may file in the future to develop any real property within the City. The City Council will review and consider any such action in the same manner and to the same extent that the City Council would have such discretion in the absence of this Agreement. Owner retains full discretion to support, protest, or vote against any City Council action if it determines at any time, in its sole and absolute discretion, that the subject action would not be in the best interest of Owner.
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Retention of Discretion. The parties shall comply with all applicable requirements under the California Environmental Quality Act (CEQA) prior to effectuating the terms of this Agreement. Nothing in this Agreement is intended to constitute an action that would foreclose the County or the City from considering any alternatives or mitigation measures identified through any documents required by CEQA or from making any findings required by CEQA. Nothing in this Agreement is intended to limit or prohibit the County or the City from taking any action necessary to comply fully with its legal obligations under CEQA prior to effectuating the terms of this Agreement.
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Retention of Discretion. The Committee retains discretion regarding whether to accept, reject, or reduce the Subscriber’s subscription for any or no reason, at any time before the closing, the sale, and issuing the Shares. Without limiting the foregoing, the Committee may also adjust the Subscriber’s subscription to account for any reorganization, reclassification, share combination, stock split, spin-off, dividends of cash or property, or any other event or transaction that affects shares prior to the closing, the sale, and issuing the Shares. The Company may also terminate the entire Offering at any time, which will result in the rejection of the Subscriber’s subscription.
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Retention of Discretion. The Parties shall comply with all applicable requirements under the California Environmental Quality Act (CEQA) prior to effectuating the terms of this MOA. Nothing in this MOA is intended to constitute an action that would foreclose the County or the City from considering any alternatives or mitigation measures identified through any documents required by CEQA or from making any findings required by CEQA. Nothing in this MOA is intended to limit or prohibit the County or the City from taking any action necessary to comply fully with its legal obligations under CEQA prior to effectuating the terms of this MOA.
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Related to Retention of Discretion

  • Use of Discretion Agent shall not be required to exercise any discretion or take, or to omit to take, any action, including with respect to enforcement or collection, except any action it is required to take or omit to take (a) under any Transaction Document or (b) pursuant to instructions from all the Holders, when expressly required hereby. Notwithstanding the foregoing, Agent shall not be required to take, or to omit to take, any action (a) unless, upon demand, Agent receives an indemnification satisfactory to it from the Lenders and/or Holders (or, to the extent applicable and acceptable to Agent, any other Person) against all liabilities that, by reason of such action or omission, may be imposed on, incurred by or asserted against Agent or any of its Related Parties or (b) that is, in the opinion of Agent or its counsel, contrary to any Transaction Document or applicable Requirement. Notwithstanding anything to the contrary contained herein or in any other Transaction Document, the authority to enforce rights and remedies hereunder and under the other Transaction Documents against the Credit Parties or any of them shall be vested exclusively in, and all actions and proceedings at law in connection with such enforcement shall be instituted and maintained exclusively by, Agent in accordance with the Transaction Documents for the benefit of all the Lenders and the Holders; provided, that the foregoing shall not prohibit (a) Agent from exercising on its own behalf the rights and remedies that inure to its benefit (solely in its capacity as Agent) hereunder and under the other Transaction Documents, (b) any Lender or Holder from exercising setoff rights in accordance with Section 13.17(a) or (c) any Lender or Holder from filing proofs of claim or appearing and filing pleadings on its own behalf during the pendency of a proceeding relative to any Credit Party under any bankruptcy or other debtor relief law; and provided, further that if at any time there is no Person acting as Agent hereunder and under the other Transaction Documents, then (A) the Required Lenders shall have the rights otherwise ascribed to Agent pursuant to Article 10 and (B) in addition to the matters set forth in clauses (b) and (c) of the preceding proviso and subject to Section 13.17(a), any Lender or Holder may, with the consent of the Required Lenders, enforce any rights and remedies available to it and as authorized by the Required Lenders.

  • Administration of Discipline At the time formal discipline is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of her committee member. In the case of suspension or discharge, the committee member will be present unless the employee waives this right in the presence of the committee member. Wherever the Hospital deems it necessary to suspend or discharge an employee, the Hospital shall forward to the Union notice of such suspension or discharge in writing, at the same time it is given to the employee.

  • Retention of Data With regard to business transactions covered by this Agreement, Licensee must retain any records for a period of ten years starting on 1th of January of the year following the year during which the data were transmitted or otherwise transferred, or for the minimum period prescribed by applicable law, whichever is longer. In addition, Licensee must maintain current, complete and accurate reports on all of SAP’s Confidential Information in its possession or in the possession of its representatives.

  • RETENTION OF ULTIMUS The Trust hereby retains Ultimus to act as the fund accountant of the Trust and to furnish the Trust with the services as set forth below. Ultimus hereby accepts such employment to perform such duties.

  • Retention of Legal Obligations 22.5.1 Notwithstanding the Supplier's right to sub-contract pursuant to this Clause 22, the Supplier shall remain responsible for all acts and omissions of its Sub-Contractors and the acts and omissions of those employed or engaged by the Sub-Contractors as if they were its own.