Arbitrary and Capricious Clause Samples
Arbitrary and Capricious. In no way is it intended that this review standard subject the Plan or Award to the U.S. Employee Retirement Income Security Act
Arbitrary and Capricious. If at any time Atlantic shall disagree with the Designees, Atlantic may commence an Article 78 or other proceeding to determine whether such Designees have acted in an arbitrary or capricious manner. Any such litigation may only be commenced in Supreme Court, Lewis County, or within the same judicial district.
Arbitrary and Capricious. If at any time Number Three Wind shall disagree with the Designees, Number Three Wind may commence an Article 78 or other proceeding to determine whether such Designees have acted in an arbitrary or capricious manner. Any such litigation may only be commenced in Supreme Court, Lewis County, or within the same judicial district.
Arbitrary and Capricious. If at any time OYA shall disagree with the Designees, OYA may commence an Article 78 or other proceeding to determine whether such Designees have acted in an arbitrary or capricious manner. Any such litigation may only be commenced in Supreme Court, Jefferson County, or within the same judicial district.