Company's Discretion. Employee understands and agrees that Company or its designee will determine, in its sole and absolute discretion, whether and to what extent applications will be filed for patents on any Invention which is the exclusive property of the Company and whether any such application will be abandoned prior to issuance of a patent.
Company's Discretion. The election to seek an extension of the Term will be at the sole and absolute discretion of Company. No renewal or extension of this Agreement will result in any subsequent renewal or extension of this Agreement unless such subsequent renewal or extension is by written agreement between Company and Employee.
Company's Discretion. Company may, in its sole discretion decide to register the copyright of the Contribution. Should Company elect to register a copyright on the Contribution it will do so at its own expense.
Company's Discretion. The Company maintains a policy of affording existing employees with an opportunity for promotion and advancement. However, the Company retains the discretion to choose the most suitable candidate from internal or external applicants based on the criteria of ability, knowledge and qualifications.
Company's Discretion. In the case of any Dividend consisting of alternative choices, the Company shall have absolute discretion as to which of such alternatives to accept.
Company's Discretion. The Company reserves the right to apply conditions and take actions it deems necessary in its best interest, including but not limited to:
(a) Modifying margin requirements. (b) Changing leverage limits. (c) Imposing additional fees or charges.
(d) Adjusting interest rates (e) Clearance of ledger debit of margin trading account (f) Acceptance of collateral/funded stocks.
Company's Discretion. The Executive agrees that the Company will have complete discretion in respect of the sale of the Shares under clause 6.1 and will not be liable to the Executive or any other person in respect of the timing of or price obtained on or any other circumstances relating to such sale except for any liability to the extent caused by the Company acting in bad faith.
Company's Discretion. 7.1. In the absence of specific instructions given timeously in writing by the Customer, the Company shall, in its sole discretion be entitled to:
7.1.1. decide the timing of performance of the Services on the basis of doing so as promptly as reasonably possible;
7.1.2. determine the means, route and procedure to be followed by it in performing the Services;
7.1.3. decide on the use of third party services including but not limited to carriers, warehouseman, underwriters, and the Company may decide what declaration, if any, it chooses to make in relation to such service providers and what liability, if any it chooses to impose on such third party service providers.
7.2. Notwithstanding anything to the contrary, the Company may, if it deems it necessary and in the Customer's interest, depart from the Customer’s instructions and shall not incur any liability or consequence as a result of doing so. The Customer acknowledges and agrees that the Company shall be deemed to be acting in the interests of the Customer in circumstances where doing so would result, inter alia, in cost savings for the Customer, the faster delivery of the Goods to the Customer and / or avoiding risk of loss for the Customer.
7.3. In the event that any circumstances arise that, in the Company’s opinion, make it in whole or in part, impossible or impractical to comply with the Customer's instructions, the Company shall take reasonable steps to inform the Customer of such events or circumstances and seek further instructions. If such further instructions are not timeously received by the Company in writing, the Company shall be entitled to, in its sole discretion, take such further actions as it deems necessary and in the Customer’s interest and may detain, return, store, sell, abandon or destroy all or any part of the Goods concerned at the risk or expense of the Customer.
Company's Discretion. Company shall be at liberty at all times whether before or after any demand hereunder without prejudice to this Guarantee and without discharging or in any way affecting the Guarantor’s liability hereunder to:
a) grant to the Guarantor any time or indulgence;
b) deal with, exchange, renew, vary, release, modify or abstain from perfecting or enforcing any guarantees or rights which it may now or hereafter have from or against the Guarantor;
c) compound with, discharge, release or vary the liability of the Guarantor or concur in, accept or vary any compromise arrangement or settlement with the Guarantor or any other person or concur in or vary any deed of arrangement or deed of assignment which might be executed by such persons for the benefit of creditors; or
d) release compound with discharge or modify the liability of the Guarantor here under or make any other arrangement with the Guarantor as the parties hereto may decide.
Company's Discretion. 4.1 Save as provided in Clause 12 hereof, if the Aircraft shall for any reason whatsoever (whether before or after commencement of the flight) become incapable of undertaking or continuing the flight (or any portion thereof), Company may, at its discretion, substitute therefore an aircraft of the same or another type and the provisions of this Agreement shall apply the replaced aircraft to the substitute for the Aircraft. If the Company does not elect to substitute another aircraft, it shall notify the Charterer as soon as possible and shall be relieved of its obligations to provide the Aircraft for the flight (or any portion thereof) which can no longer be undertaken by reason of the incapacity of the Aircraft and the Company shall not be under any liability to the Charterer other than to refund to the Charterer such part of the Charter Price which relates to the cancelled flight.
4.2 The Company and its captain of each flight shall have absolute discretion to decide what load, including the number of passengers, may safely be carried in the Aircraft on the flight and how such load shall be distributed, whether and when a flight might be safely undertaken and when and where the Aircraft shall be landed. All such decisions of the captain shall be final and binding on the Company and the Charterer. The Company shall not be liable to the Charterer for any loss, damage, costs or claims of whatsoever nature and howsoever arising as a result of any such decision by the captain of the flight.
4.3 The amount and weight of accompanied baggage shall be at the Company’s discretion. Notwithstanding Clause 6, the following or like articles, namely firearms, explosives, combustible materials and live animals may be carried only with the Company’s prior knowledge and consent which may, in its absolute discretion, be withheld and subject to the consent and license of any relevant governmental or regulatory authority having jurisdiction. The Company may inspect and examine any baggage or cargo belonging to any passenger whether accompanied or not. Furthermore and without prejudice to the foregoing, the Company may refuse to carry any baggage considered by the captain of the flight or by any other responsible employee, servant or agent of the Company to be unsuitable for carriage by air whether by its nature or any applicable laws or regulations of any country to, from or over which the Aircraft may be flown.
