Common use of Statutory Functions Clause in Contracts

Statutory Functions. (a) The NOPs appreciate that TfNSW is subject to obligations in its capacity as a NSW Government agency. (b) In executing the Project, we will ensure that our officers, employees and Subcontractors and agents do not proceed with any course of action during the execution of the Project which may prejudice or in any way detrimentally affect any of TfNSW's obligations and duties in its capacity as a NSW Government agency. (c) Nothing in this Agreement will in any way unlawfully restrict or otherwise unlawfully affect the unfettered discretion of TfNSW to exercise any of its functions and powers pursuant to any legislation. (d) Without limiting clause 10.19(c), anything which TfNSW does, fails to do or purports to do, pursuant to its functions and powers under any legislation, will be deemed not to be an act or omission by TfNSW under this Agreement. (e) The NOPs waive any claims which they may have against TfNSW which arise under this Agreement as a result of the exercise by TfNSW of its functions and powers under any legislation except to the extent that this gives rise to a Target Adjustment Event.