Ultimate Authority Clause Samples

Ultimate Authority. Notwithstanding any other provision of this Agreement, the Ceding Company shall retain the ultimate authority to make all final decisions with respect to the administration of the Reinsured Policies and the NICO Reinsurance Agreement; provided, that nothing in this Section 2.05 is intended to relieve the Ceding Company for any liability for any breach of the terms and conditions of this Agreement resulting from exercise of such ultimate authority.

Ultimate Authority. Notwithstanding any other provision contained in this Agreement to the contrary, the Company shall (i) retain the ultimate authority to make all final decisions with respect to the administration of the Policies, taking into account the recommendations of the Administrator provided to the Company hereunder, which the Company shall only reject in good faith and in light of the intent of the Parties and (ii) have the right to direct the Administrator to perform any action necessary for the Policies or the administration thereof to comply with Applicable Law, or to cease performing any action that constitutes a violation of Applicable Law and would reasonably be expected to have an adverse impact on the Company.

Ultimate Authority. Notwithstanding any other provision of this Agreement, the Administrative Services Agreement or the Andesa Administrative Services Agreements, Cedant shall retain the ultimate authority to make all decisions with respect to the administration of the Reinsured Policies to the extent necessary to comply with applicable Law or to prevent any effect that could reasonably be expected to materially interfere with the business, assets, liabilities, obligations, financial condition, results of operations or reputation of Cedant and its Affiliates, taken as a whole; provided, that in exercising such right, Cedant shall act in good faith, taking into account the intent of the parties to, and the stated purpose and terms and conditions of, this Agreement and the Ancillary Agreements.

Ultimate Authority. Except as otherwise provided herein, and subject to the terms and conditions hereof, the Cedant shall retain the ultimate authority to make all final decisions with respect to the administration of the Subject Annuities.

Ultimate Authority. Notwithstanding, any other provision of this Agreement, UCIC shall retain and have ultimate control and responsibility of the functions delegated to CCC pursuant to this Agreement. Moreover, notwithstanding any other provision of this Agreement, UCIC shall retain ultimate authority over the adjusting and settling of claims and, with respect to any claim or loss of any amount, UCIC may, at any time prior to the final settlement of such claim or loss, take over the entire defense and control of such claim or loss.

Ultimate Authority. The Commission shall be the ultimate authority, as defined in IC 4- 21.5-1-15, for all Commission actions unless otherwise identified in this MOU or in any other written designation by the Commission. A. The Commission designates the OALP as the ultimate authority to issue final orders on the Commission’s behalf in the following instances: (1) the Petitioner requests to voluntarily dismiss the administrative review and terminate further proceedings; (2) the parties of the administrative review submit a Stipulated, Agreed Motion to Dismiss (Joint Motion to Dismiss) to the ALJ, terminating further proceedings. (3) the petition for administrative review requests a stay of enforcement of the order in dispute and the ALJ is issuing an order regarding the request for stay; and (4) the petition for administrative review is an appeal of an Emergency Order issued with respect to one or more violations of the Commission’s rules or state statutes administered by the Commission. B. The Commission may revoke the designation in Section 3.A at any time and for any reason by providing written notice to the OALP. C. The Commission will promptly send a copy of any action taken by the Commission to request assignment of an OALP ALJ to preside over its administrative proceedings pursuant to IC 4-21.5-3-9.

Ultimate Authority. The IGC has ultimate authority over all IGC proceedings and may expressly designate its ultimate authority to the OALP in this MOU or a later designation made in writing. Designations made by the IGC may be revoked at any time by providing written notice to the OALP. A. when dismissing the matter and entering a final order based on agreement of the parties; B. when dismissing the matter based on voluntarily dismissal by Petitioner or Complainant; C. when dismissing the matter due to the order under review being rescinded; and D. for proceedings conducted under Ind. Code 4-21.5-4. Except where law provides otherwise, in all instances where the OALP is not the ultimate authority over a matter, an OALP action disposing of all issues in a proceeding will be issued as a nonfinal order which must be acted on by the ultimate authority or its designee in accordance with Ind. Code § 4-21.5-3-29.

Ultimate Authority. If any cases arise that are not covered by these policies or which in some way require special interpretation, the building Principal will provide this decision. Appeals concerning the Activity Code may be made in accordance to provisions of the code. Appeals relating to other matters may be made to the Superintendent within three (3) school days of the Principal’s decision. 1. If the student and parent(s) wish to appeal a decision, they may do so by contacting the Principal within three school days of being notified of the suspension. a. The Principal will organize an appeal committee consisting of the principal and two coaches/sponsors not involved in the activity. b. The committee will hear the suspension evidence and testimony of the parents, suspended student, and coaches/sponsors. c. After reviewing the information, the committee will decide to uphold or reverse the original suspension. 2. If the suspension is upheld by the committee, the student and parent(s) may appeal the decision by contacting the Superintendent within three days of the committee’s decision. 3. If, during any step of the appeal process, the original suspension is reversed, the suspension will be declared void and all record of the suspension will be purged. The student shall return to the activity in good standing and without further consequence.

Ultimate Authority. The Insurer shall at all times retain the right to direct, approve or disapprove any action hereunder taken on its behalf by Distributor. The Insurer has the sole authority to approve or reject applications or payments and maintains ultimate responsibility for underwriting. Anything in this Agreement to the contrary notwithstanding, the Insurer retains the ultimate right to control the sale of the Contracts and to appoint and discharge any insurance agent of the Insurer.