Agency Discretion Clause Samples

Agency Discretion. Notwithstanding anything to the contrary set forth in this Community Benefits Plan, (i) the Agency shall have the right to make such changes to the use and distribution of funds within the control of the Agency as may be required by applicable law, and (ii) in no event shall the Agency be responsible for Developer’s costs, liabilities or obligations under the CCBA.

Agency Discretion. 1. The parties recognize that the employer retains all the lawful and customary rights, powers and prerogatives of public management, including but not limited to, establishing standards of productivity and performance of its employees, determining the mission of an agency as well as the methods and means necessary to fulfill that mission. Therefore, each agency participating in the job sharing program does so voluntarily and only after assessing how/whether each proposal can meet those needs. 2. Division of responsibilities for a given position shall be a cooperative effort between the agency and the job sharing employees, recognizing, however, that the agency does not relinquish any of its authority to control its own destiny. Each set of circumstances may require an individual solution. The agency has flexibility and authority to tailor each partnership proposal to the unique needs of the agency. 3. The agency reserves the right to terminate any partnership with reasonable notice to the job sharing employees upon agency determination that the partnership is not functioning as anticipated or required.

Agency Discretion. 34. Except as expressly provided herein, or in any subsequent amendment to this Settlement Agreement, nothing in this Settlement Agreement shall be construed to limit or modify the discretion accorded to EPA by the CWA, the Administrative Procedure Act, or by any other law, including general principles of administrative law.

Agency Discretion. 10. Nothing in this Agreement shall be construed to limit or modify any discretion accorded to EPA by the FFDCA or by general principles of administrative law in taking the actions which are the subject of this Agreement, including the discretion to alter, amend, or revise any final actions taken pursuant to this Agreement. EPA’s obligation to perform each action specified in this Agreement does not constitute a limitation or modification of EPA’s discretion within the meaning of this Paragraph.

Agency Discretion. Developer agrees that Agency may refuse its consent to a proposed Transfer in its sole and absolute discretion until completion of the Agency Improvements. After completion of the Agency Improvements, Agency shall not unreasonably withhold its consent to any proposed Transfer so long as the proposed transferee is financially qualified and has sufficient experience to perform the agreements, undertakings and covenants of this Agreement.

Agency Discretion. 14. Except as expressly provided herein, nothing in this Settlement Agreement shall be construed to limit or modify the discretion accorded EPA by the FFDCA, FIFRA, the APA, or general principles of administrative law. 15. Nothing in this Settlement Agreement shall bar EPA from acting on any matters covered in this Settlement Agreement in a time frame earlier than required by this Settlement Agreement or to take additional actions not specified herein if EPA determines such actions are appropriate under applicable law.

Agency Discretion. Except as expressly provided herein, nothing in this Agreement shall be construed to limit or modify the discretion accorded EPA by the CAA or by general principles of administrative law. Nothing in the terms of this Agreement shall be construed to limit EPA’s authority to alter, amend, or revise any final rule EPA issues in accordance with this Agreement.

Agency Discretion. In establishing its lists, an agency may, but is not required to: Afford priority consideration to non-preference eligibles who meet the conditions set out in paragraph (b)(4) of this section; afford priority consideration under paragraph (b) of this section for a longer time and/or in a broader geographic area than the minimum requirement; and/or provide reemployment consideration after the priority list is exhausted to additional current and former employees in accordance with paragraph (c) of this section. An agency may limit consideration granted at its discretion to applicants for specific positions or applicants who meet specific conditions, but must make those conditions a matter of record and must apply its policy uniformly to all eligible employees. Generally, full-time employees may be considered only for full-time positions and other- than-full-time employees only for other-than-full-time positions. However, full-time employees may be considered for other-than-full-time positions if there are no other-than-full-time employees on the appropriate priority or reemployment list; and other-than-full time employees may be considered for full-time positions if there are no full-time employees on the appropriate list.

Agency Discretion. Connect Pediatric Therapy reserves the right to discharge any client at any time for any reason Late Cancellation Fee: Your child is scheduled for a specific appointment time. Sessions cannot be extended as they are booked back to back. If you arrive later for your child’s appointment you will be billed for the entire session. There is a $50 fee “no show fee” for appointments that are not canceled, or are canceled less than 8 hours before appointment time. If a family cancels the appointment due to illness the fee is waived. If the appointment is rescheduled after no-show this fee is reduced to $25.