Acting Reasonably. (a) With respect to the Service Provider, any requirement set forth in this Agreement for the Service Provider to act reasonably, use reasonable efforts, or any variation thereof, shall mean the use of all reasonable commercial efforts having regard to the surrounding circumstances, unless specifically specified otherwise.
(b) With respect to AHS, any requirement set forth in this Agreement for AHS to act reasonably, use reasonable efforts, or any variations thereof, shall not require AHS to act in a manner that is contrary to, or inconsistent with, any policies, directives, executive decisions, ministerial orders, or legislation applicable to AHS. In addition, unless something in the context is inconsistent therewith, the Service Provider acknowledges and confirms that nothing contained in this Agreement shall be construed or otherwise interpreted in any manner that would or could cause AHS to xxxxxx its discretion.
Acting Reasonably. Wherever a determination or consent is to be made or given by either of the parties hereto, unless expressly provided herein to the contrary, such determination and consent shall be made or given acting reasonably.
Acting Reasonably. 2.1 The Council and the County Council shall at all times act reasonably and in particular (without prejudice to generality) where any approval or expression of satisfaction is required by this Agreement it will not be unreasonably withheld or delayed.
Acting Reasonably. Except as otherwise specifically provided to the contrary in this Lease, the parties hereto, and each person acting for them, in granting a consent or approval or making a determination, designation, calculation, estimate, conversion or allocation under this Lease, will act reasonably and in good faith and each expert or other professional employed or retained by a party hereto will act in accordance with the applicable principles and standards of such person’s profession. If either party withholds any consent or approval where it is required to act reasonably, such party shall, on written request, deliver to the other party a written statement giving the reasons for withholding the consent or approval. However, notwithstanding the foregoing or anything else contained herein or elsewhere, if an Event of Default has occurred and is subsisting, the foregoing shall not apply to Landlord.
Acting Reasonably. With respect to SI, any requirement set forth in this Agreement for SI to act reasonably, use reasonable efforts, or any variations thereof, will mean the use of all reasonable commercial efforts having regard to the surrounding circumstances, unless specifically provided otherwise. With respect to the Province, any requirement set forth in this Agreement for the Province to act reasonably, use reasonable efforts, or any variations thereof (including, without limitation, any requirement for approvals or consent by the Province not to be unreasonably withheld), will not require the Province to act in a manner that is contrary to, or is inconsistent with, any other policies, directives, executive directions, Treasury Board (as defined in the FAA) decisions, guidelines, rules, regulations, legislation or other determinations of the Province. In addition, SI expressly acknowledges and confirms that nothing contained in this Agreement will be construed or otherwise interpreted in any manner that would or could cause the Province to xxxxxx its discretion.
Acting Reasonably. Whenever a party (the “Deciding Party”) is making a determination (including, without limitation, a determination of whether or not to provide its consent or approval where the Deciding Party’s consent or approval is required and whether or not reference is made to the Deciding Party making such determination in its sole discretion, or words of similar intent), opinion, request, approval, designation, calculation, estimate, conversion or allocation under this Lease (collectively, a “Decision”), the Deciding Party shall (unless this Lease specifically provides to the contrary) act reasonably and shall not unreasonably delay its decision on whether or not to give its consent. If the Deciding Party decides that it will not provide its consent or approval when requested to do so, it shall provide the party requesting such consent or approval (the “Requesting Party”) with the reasons for its refusal at the same time as it advises the Requesting Party that it refuses to provide its consent or approval. Even though specific sections of this Lease may specifically require a party to act reasonably or not act unreasonably (or words of similar intent) in making a Decision, the absence of such a specific requirement in other sections of this Lease requiring a party to make a Decision will not negate the provisions of this section or be interpreted as though the provisions of this section do not apply to the making of such Decision.
Acting Reasonably. (a) The Purchaser shall, and shall cause each Indemnified Person who is a "Purchaser's Indemnified Person", in the capacity of an "Indemnified Person" under this Article 13, to act in good faith, use reasonable efforts to mitigate Losses, use similar discretion in the use of personnel and the incurring of expenses as it would use if it were acting entirely at its own cost and for its own account and consult regularly with the Indemnifier regarding the conduct of any proceedings or the taking of any action for which indemnification may be sought.
(b) The Vendor shall, and shall cause each Indemnified Person who is a "Vendor's Indemnified Person", in the capacity of an "Indemnified Person" under this Article 13, to act in good faith, use reasonable efforts to mitigate Losses, use similar discretion in the use of personnel and the incurring of expenses as it would use if it were acting entirely at its own cost and for its own account and consult regularly with the Indemnifier regarding the conduct of any proceedings or the taking of any action for which indemnification may be sought.
Acting Reasonably. (a) With respect to the Parties, any requirement set forth in this Agreement for the Parties to act reasonably, use reasonable efforts, or any variation thereof, shall mean the use of all reasonable commercial efforts having regard to the surrounding circumstances, unless specified otherwise.
(b) With respect to AHS, any requirement set forth in this Agreement for AHS to act reasonably, use reasonable efforts, or any variations thereof, shall not require AHS to act in a manner that is contrary to, or inconsistent with, any ministerial orders, or legislation applicable to AHS. In addition, unless something in the context is inconsistent therewith, the Service Provider acknowledges and confirms that nothing contained in this Agreement shall be construed or otherwise interpreted in any manner that would or could cause AHS to xxxxxx its discretion.
Acting Reasonably. Wherever a determination, approval, judgement or consent or other similar decision is to be made or given by either of the parties hereto or its architect, auditors or similar persons acting on its behalf: unless expressly provided herein to the contrary, such determination, approval, judgement and consent or other similar decision shall be made or given in good faith, acting reasonably and without undue delay.
Acting Reasonably. Unless otherwise specifically provided in this Lease and with the exception of any provision of Article 11.00: (a) any allocation of any cost, charge or expense which is to be determined by the Landlord under this Lease shall be done on a reasonable and equitable basis; (b) whenever in this Lease the Landlord’s consent, permission or approval is required, such consent, permission or approval shall not be unreasonably withheld or delayed; and (c) in exercising any of its rights under this Lease, the Landlord shall act reasonably and as a prudent owner of a similar Building having regard to size, age and location.
