EXERCISE OF JUDGMENT Sample Clauses

EXERCISE OF JUDGMENT. In providing services hereunder which require the exercise of judgment by Servicer, Servicer shall perform any such service in accordance with standards and guidelines the Company develops and communicates to Servicer. In performing any services hereunder, Servicer shall at all times act in a manner reasonably calculated to be in or not opposed to the best interests of the Company.
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EXERCISE OF JUDGMENT. In providing services which require the exercise of judgment by Distributor, Distributor shall perform any such service in accordance with standards and guidelines JNLIC-NY develops and communicates to Distributor. In performing any services hereunder, Distributor shall at all times act in a manner reasonably calculated to be in or not opposed to the best interests of JNLIC-NY.
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EXERCISE OF JUDGMENT. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, SO LONG AS THE JUDGMENTS MADE BY MANAGER IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES PROVIDED BY MANAGER UNDER THIS AGREEMENT ARE MADE IN GOOD FAITH AND MANAGER HAS NOT COMMITTED ACTS OF FRAUD, WILLFUL MISCONDUCT, OR A BREACH OF ANY MATERIAL PROVISION OF THIS AGREEMENT, IN NO EVENT WILL MANAGER BE RESPONSIBLE FOR ANY ERRORS IN JUDGMENT BY MANAGER IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES PROVIDED BY MANAGER UNDER THIS AGREEMENT.
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EXERCISE OF JUDGMENT. In providing services which require the exercise of judgment by NISC, NISC shall perform any such service in accordance with standards and guidelines JNLIC-NY develops and communicates to NISC. In performing any Services hereunder, NISC shall at all times act in a manner reasonably calculated to be in or not opposed to the best interests of JNLIC-NY.
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EXERCISE OF JUDGMENT. Each party shall provide all services under this Agreement in accordance with prudent business judgement and pursuant to standards generally prevailing in the insurance and investment advisory industries at the time, or such stricter standards as the other party may direct in writing.
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EXERCISE OF JUDGMENT. Contractor shall use Contractor's own professional judgment as to the best way to perform the Services and shall choose the specific means, manner, and methods of performing the Services, without being subject to the control and direction of Next Step Behavioral Houston, LLC. except as to the result of the Services to be rendered (including, without limitation, as set forth in this Agreement).
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Related to EXERCISE OF JUDGMENT

  • Exercise of Right No failure or delay on the part of either Party in exercising any right, power, or privilege hereunder, and no course of dealing between the Parties, shall operate as a waiver thereof; nor shall any single or partial exercise of any right, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.

  • Confession of Judgment THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR ANY ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE BORROWER, BORROWER, FOLLOWING CONSULTATION WITH (OR DECISION NOT TO CONSULT) COUNSEL FOR BORROWER AND WITH KNOWLEDGE OF THE LEGAL EFFECT HEREOF, HEREBY KNOWINGLY, INTENTIONALLY, VOLUNTARILY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS BORROWER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY OF REHEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES OF AMERICA, THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE. IT IS SPECIFICALLY ACKNOWLEDGED BY BORROWER THAT LENDER HAS RELIED ON THIS WARRANT OF ATTORNEY AS AN INDUCEMENT TWO GRANT FINANCIAL ACCOMMODATIONS TO BORROWER. UPON AND FOLLOWING THE OCCURRENCE OF AN UNCURED EVENT OF DEFAULT, BORROWER HEREBY AUTHORIZES AND EMPOWERS ANY ATTORNEY OF ANY COURT OF RECORD OR THE PROTHONOTARY OR CLERK OF ANY COUNTY IN THE COMMONWEALTH OF PENNSYLVANIA, OR IN ANY JURISDICTION WHERE PERMITTED BY LAW OR THE CLERK OF ANY UNITED STATES DISTRICT COURT, TO APPEAR FOR BORROWER IN ANY AND ALL ACTIONS WHICH MAY BE BROUGHT HEREUNDER AND ENTER AND CONFESS JUDGMENT AGAINST BORROWER OR ANY OF THEM IN FAVOR OF LENDER FOR SUCH SUMS AS ARE DUE OR MAY BECOME DUE HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT, TOGETHER WITH COSTS OF SUIT AND ACTUAL COLLECTION COSTS INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES EQUAL TO FIVE PERCENT (5%) OF THE LIABILITIES THEN DUE AND OWING BUT IN NO EVENT LESS THAN $5,000, WITH OR WITHOUT DECLARATION, WITHOUT PRIOR NOTICE, WITHOUT STAY OF EXECUTION AND WITH RELEASE OF ALL PROCEDURAL ERRORS AND THE RIGHT TO ISSUE EXECUTIONS FORTHWITH. IF A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT OF ANY OFFICER OF LENDER SHALL HAVE BEEN FILED IN SUCH ACTION, IT SHALL NOT BE NECESSARY TO FILE THE ORIGINAL THEREOF AS A WARRANT OF ATTORNEY, ANY PRACTICE OR USAGE TO THE CONTRARY NOTWITHSTANDING. THE AUTHORITY HEREIN GRANTED TO CONFESS JUDGMENT SHALL NOT BE EXHAUSTED BY ANY SINGLE EXERCISE THEREOF, BUT SHALL CONTINUE AND MAY BE EXERCISED FROM TIME TO TIME AS OFTEN AS LENDER SHALL FIND IT NECESSARY AND DESIRABLE AND AT ALL TIMES UNTIL FULL PAYMENT OF ALL AMOUNTS DUE HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS. LENDER MAY CONFESS ONE OR MORE JUDGMENTS IN THE SAME OR DIFFERENT JURISDICTIONS FOR ALL OR ANY PART OF BORROWER’S OBLIGATIONS ARISING HEREUNDER OR UNDER ANY OTHER LOAN DOCUMENT TO WHICH BORROWER IS A PARTY, WITHOUT REGARD TO WHETHER JUDGMENT HAS THERETOFORE BEEN CONFESSED ON MORE THAN ONE OCCASION FOR THE SAME OBLIGATIONS. IN THE EVENT THAT ANY JUDGMENT CONFESSED AGAINST BORROWER IS STRICKEN OR OPENED UPON APPLICATION BY OR ON BEHALF OF BORROWER FOR ANY REASONS, LENDER IS HEREBY AUTHORIZED AND EMPOWERED TO AGAIN APPEAR FOR AND CONFESS JUDGMENT AGAINST BORROWER FOR ANY PART OR ALL OF THE LIABILITIES DUE AND OWING UNDER THIS NOTE AND THE OTHER LOAN DOCUMENTS, AS HEREIN PROVIDED.

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