Agency; Authority. (a) The Manager shall act as the agent of the Company in originating, acquiring, structuring, financing and disposing of Investments, disbursing and collecting the Company’s funds, paying the debts and fulfilling the obligations of the Company, supervising the performance of professionals engaged by or on behalf of the Company and handling, prosecuting and settling any claims of or against the Company, the Board of Directors, holders of the Company’s securities or the Company’s representatives or assets.
(b) In performing the services set forth in this Agreement, as an agent of the Company, the Manager shall have the right to exercise all powers and authority which are reasonably necessary and customary to perform its obligations under this Agreement, including the following powers, subject in each case to the terms and conditions of this Agreement, including, without limitation, the Investment Guidelines:
(i) to purchase, exchange or otherwise acquire and to sell, exchange or otherwise dispose of, any Investment in a public or private sale;
(ii) to execute Cross Transactions;
(iii) to execute Principal Transactions;
(iv) to execute Split Price Executions;
(v) to borrow and, for the purpose of securing the repayment thereof, to pledge, mortgage or otherwise encumber Investments;
(vi) to purchase, take and hold Investments subject to mortgages, liens or other encumbrances;
(vii) to extend the time of payment of any liens or encumbrances which may at any time be encumbrances upon any Investment, irrespective of by whom the same were made;
(viii) to foreclose, to reduce the rate of interest on, and to consent to the modification and extension of the maturity of any Investments, or to accept a deed in lieu of foreclosure;
(ix) to join in a voluntary partition of any Investment;
(x) to cause to be demolished any structures on any real estate Investment;
(xi) to cause renovations and capital improvements to be made to any real estate Investment;
(xii) to abandon any Investment deemed to be worthless;
(xiii) to enter into joint ventures or otherwise participate in investment vehicles investing in Investments;
(xiv) to cause any real estate Investment to be leased, operated, developed, constructed or exploited;
(xv) to cause the Company to indemnify third parties in connection with contractual arrangements between the Company and such third parties;
(xvi) to obtain and maintain insurance in such amounts and against such risks as are prudent in accordance with cust...
Agency; Authority. (a) Directors, officers, employees and agents of the Manager and its Affiliates may serve as directors, officers, agents, nominees or signatories for the Company or any of its Subsidiaries, to the extent permitted by their Governing Instruments and by this Agreement or any resolutions duly adopted by the Board of Trustees.
(b) In performing the services set forth in this Agreement, and subject to any limitations set forth herein and the supervision and direction of the Board of Trustees generally, the Manager may act as the agent of the Company in originating, acquiring, structuring, financing and disposing of Investments, disbursing and collecting the Company’s funds, paying the debts and fulfilling the obligations of the Company, supervising the performance of professionals engaged by or on behalf of the Company and handling, prosecuting and settling any claims of or against the Company, the Board of Trustees, holders of the Company’s securities or the Company’s representatives or assets.
(c) In performing the services set forth in this Agreement, as an agent of the Company, the Manager shall have the right to exercise all powers and authority which are reasonably necessary and customary to perform its obligations under this Agreement, including the following powers, subject in each case to any limitations set forth herein including, without limitation, the Investment Guidelines, and the supervision of the Board of Trustees generally: to purchase, exchange or otherwise acquire and to sell, exchange or otherwise dispose of, any Investment in a public or private sale; to cause the Company and the Subsidiaries to open trading, clearing and brokerage accounts and other accounts and enter into agreements as shall be necessary or advisable in connection with the Company’s business, operations and investment and trading activities; to execute Cross Transactions; to execute Principal Transactions; to execute Split Price Executions; to borrow and, for the purpose of securing the repayment thereof, to pledge, mortgage or otherwise encumber Investments; to purchase, take and hold Investments subject to mortgages, liens or other encumbrances; to extend the time of payment of any liens or encumbrances which may at any time be encumbrances upon any Investment, irrespective of by whom the same were made; to foreclose, to reduce the rate of interest on, and to consent to the modification and extension of the maturity of any Investments, or to accept a deed in lieu of fo...
Agency; Authority. The person or entity signing this Agreement on behalf of Member hereby represents and warrants to Provista that it is the duly authorized agent of Member with full authority to execute this Agreement on the Member’s behalf.
Agency; Authority. The authority of the City includes, but is not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or other representatives from consulting or raising grievances over the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment. (Ord. 657, 55, 1973; Rialto Municipal Code 2.51.050).
Agency; Authority. A. All rights of management are retained by the Agencies except to the extent that this Agreement limits such rights. These rights include, but are not limited to, the right to manage and operate their programs and to direct their workforces; to determine the scope and character of the services rendered by them or the expansion or contraction of their activities; to sell or lease any of their programs or any portion thereof; to merge Agencies or any of their programs or services or to operate them as joint ventures; to assign, transfer, or reassign work; to determine the quality of work, the amount of work to be performed by bargaining unit employees, who shall perform it, and the location where it shall be performed; to hire employees of their own choosing, to promote, transfer, train, demote, layoff, and recall employees; to suspend, discipline or discharge employees in accordance with this Agreement; to determine job content and the assignment of overtime; to establish, change and modify work and performance standards and the experiential, educational, licensure, or certification requirements for jobs; and to establish reasonable work rules in accordance with Paragraph C of this Article. The specific rights stated in this Paragraph shall not be deemed to be all-inclusive, but merely indicate the type of rights which shall belong to and are inherent in the management of the Agencies.
B. The Agencies agree that prior to implementing any decision to subcontract, contract out, or outsource any work performed by employees in the bargaining unit, the Agency shall meet, confer and bargain with the Union regarding the decision and its impact. The Agencies shall provide the Union notice at least sixty (60) days prior to the planned implementation. Upon request by the Union, the Agency shall make available to the Union a description of the services to be so performed, the factual basis supporting the reason for such action and such other information as is relevant to such action. The result of the bargaining shall not be reviewable under Article XXVI of this Agreement. The provisions of this Paragraph shall not apply to the utilization of outside services to provide temporary staffing due to employee absences or staffing shortages for which an Agency is unable to hire qualified applicants.
C. Each Agency shall establish reasonable work rules which are subject to changes, additions or deletions by the Agency. Such rules and any changes, additions or deletions shal...
Agency; Authority. An agency may appoint noncompetitively, for other than temporary or term employment, a United States citizen who has served under nontemporary appointment in a continuing career position of the Pan- ama Canal Commission located in the United States.
Agency; Authority. During the term of the agreement, Party B has the exclusive advertising agency authority of Party A’s 556 pieces existing installed entrances’ and exits’ detection light boxes’ advertisement(find the attached table for specific stores).
Agency; Authority. An agency may appoint a preference eligible or a vet- eran who has substantially completed at least 3 years of continuous active military service provided
(1) The veteran was selected from among the best qualified following competition under a merit promotion announcement open to candidates out- side the agency’s workforce; and
Agency; Authority. Pursuant to 5 U.S.C. § 7106(a), and subject to 5 U.S.C. § 7106(b), nothing in this Agreement shall affect the Agency’s authority:
a. To determine the mission, budget, organization, number of employees, and internal security practices of the Agency; and
b. In accordance with applicable laws:
i. to hire, assign, direct, layoff, and retain employees in the Agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against employees;
ii. to assign work, to make determinations with respect to contracting out, and to determine the personnel by which Agency operations shall be conducted;
iii. with respect to filling positions, to make selections for appointments from among properly ranked and certified candidates for promotion, or from any other appropriate source; and
iv. to take whatever actions may be necessary to carry out the Agency’s mission during emergencies.
Agency; Authority. The authority of the City includes, but is not limited to, the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment.
