Board’s Authority. The Board represents that the TIRZ, as established pursuant to City Ordinance No. 93101 has the authority, through the Board Chair’s affixed signature to this Agreement, to carry out the functions and operations contemplated by this Agreement.
Board’s Authority. The execution and delivery by the Company of this Agreement shall not be construed as creating any limitations on the power of the Board of Directors to adopt such other incentive arrangements as it may deem desirable, including without limitation, the granting of stock options and the awarding of stock and cash otherwise than under the Plan, and such arrangements may be either generally applicable or applicable only in specific cases.
Board’s Authority. The adoption of the Plan by the Trust shall not be construed as creating any limitations on the power of its Board of Trustees to adopt such other incentive arrangements as it may deem desirable, including without limitation the granting of stock options and the awarding of stock and cash otherwise then under the Plan and such arrangements may be either generally applicable or applicable only in specific cases.
Board’s Authority. (1) The Board has the authority to interpret and construe the provisions of this Agreement, including the attached Separation Agreement. However, with respect to any decision of the Board regarding Executive’s benefits under this Agreement or the attached Separation Agreement (including eligibility for benefits, the calculation of benefits, or the forfeiture of benefits), the burden of proof shall be on the Board and that decision shall be:
(A) Subject to the duty of good faith and fair dealing;
(B) Supported by a preponderance of the evidence; and
(C) Made by the affirmative vote of at least three-fourths of the Board.
(2) An arbitrator or a court reviewing such a decision by the Board shall make its own independent decision and not grant deference to the Board’s decision.
Board’s Authority. The Board represents that as of that date of the Board’s signature to this Agreement, the Board established pursuant to City Ordinance No. 90969, has the authority to carry out the functions and operations contemplated by this Agreement.
Board’s Authority. This Lease is entered into pursuant to the authority granted to the Board by Colorado law.
Board’s Authority. 9 The Board hereby retains and reserves unto itself, without limitation, all powers, rights, authority, 10 duties and responsibilities conferred upon and vested in it, prior to the signing of this Agreement, by 11 the laws and Constitution of the State of New Jersey and of the United States including, but not 12 limited to the following rights:
(a) The executive management and administrative control of Gloucester County 14 College and its properties and facilities and activities of its employees by utilizing 16 possible, as may, from time to time, be determined by the Employer.
Board’s Authority. The Board shall have final decision on such matters as scheduling, programming, capital expenditures and operations of the Facility within the guidelines of this Agreement.
Board’s Authority. Subject to the provisions of this Agreement, (i) the LLC may, upon the direction of the Board, enter into any and all documents, agreements and instruments and perform any and all transactions contemplated thereby, and (ii) the Board may authorize any Person (including any Member or Officer) to enter into and perform any and all documents, agreements and instruments on behalf of the LLC.
Board’s Authority. If all or any part of the Common Properties (excluding personalty) is taken or threatened to be taken by Eminent Domain, the Board is authorized and directed to proceed as follows:
A. To obtain any pay for such assistance from such attorneys, appraisers, architects, engineers, expert witnesses and other persons, or the Board in its discretion deems necessary or advisable to aid and advise it in all matters relating to such taking and its effect, including but not limited to (i) determining whether or not to resist such proceedings or convey in lieu thereof, (ii) defending or instituting any necessary proceedings and appeals, (iii) making any settlements with respect to such taking or attempted taking and (iv) deciding if, how and when to restore the Common Properties.
B. To negotiate with respect to any such taking, to grant permits, licenses and releases and to convey all or any portion of the Common Properties and to defend or institute, and appeal from, all proceedings as it may deem necessary and advisable in connection with the same.
C. To have and exercise all such powers with respect to such taking or proposed taking and such restoration as those vested in boards of directors of corporations with respect to corporate property, including but not limited to, purchasing, improving, demolishing and selling real estate.
