Exercising Rights. No exercise of any rights reserved by Lessor shall be deemed or construed as an eviction of Lessee or others nor shall such exercise be grounds for any abatement of rents, fees, or other charges nor serve as the basis for any claim or demand for damages of any nature whatsoever.
Exercising Rights. 23.2.1 The exercise of the foregoing powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgement and discretion in connection therewith shall be limited only to the specific and express terms of this Agreement and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of California and the Constitution and laws of the United States.
Exercising Rights. (a) Viterra may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions), unless this Agreement expressly states otherwise.
(b) Whenever the Client is required to form an opinion, give approval, exercise a discretion or perform any act under this Agreement, it must be done reasonably in the circumstances and based on reasonable grounds, and not capriciously, or arbitrarily refused or unduly delayed.
(c) In making any decision pursuant to this Agreement, Viterra will have regard to the efficient running of the relevant Port Terminal Facility and the balancing of the interests of all users of that Port Terminal Facility, and the efficient operation of the South Australian Grain export supply chain.
(d) A Party is not liable for any Loss to the extent such Loss is caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy under this Agreement.
Exercising Rights. The Board's exercise of any retained right or function in a particular manner shall not preclude the Board from exercising the same right or function in any other manner which does not expressly violate a specific written provision of this Agreement. The Board's failure to exercise any right or function reserved to it shall not be deemed to be a waiver of its rights to exercise such rights or functions at any future time.
Exercising Rights. The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the District, and the adoption of policies, rules, procedures, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited and then only to the extent such specific and express terms are in conformance with the law.
Exercising Rights. (a) Viterra may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions), unless this Agreement expressly states otherwise.
(b) Whenever the Client is required to form an opinion, give approval, exercise a discretion or perform any act under this Agreement, it must be done reasonably in the circumstances and based on reasonable grounds, and not capriciously, or arbitrarily refused or unduly delayed.
(c) In making any decision pursuant to this Agreement, Viterra will have regard to the efficient running of the relevant Viterra Facility and the balancing of the interests of all users of that Viterra Facility, and the efficient operation of the South Australian Grain export supply chain.
(d) A Party is not liable for any Loss to the extent such Loss is caused by the exercise or attempted exercise of, failure to exercise, or delay in exercising a right or remedy under this Agreement.
Exercising Rights. 2.1 The exercising of theEquities Purchasing Right by Wanchi Technology shall be subject to the provisions of Chinese laws, the requirements of the regulatory authorities and the rules set by them. Wanchi Technology shall have the absolute discretion to determine the specific time, method and times of the exercising of its Equities Purchasing Right: Notwithstanding, Wanchi Technology shall exercise the EquitiesPurchasing Right hereunder as soon as possible from the day on which Chinese laws allowed Wanchi Technology to directly operate the micro-financing business to enable Wanchi Technology to directly operate the micro-financing business and terminate the Structural Contracts with the target Company and other relevant parties.
2.2 Wanchi Technology and/or the Designated Persons shall issue the notice to Yongtai Real Estate, Xxxxxxx Xxxx, Xx Xx Xxxxx, Xxxx Xxxx and the Target Company (hereafter referred to as the “Equities Purchasing Notice”) specifying the proportion of the Purchased Equities to be purchased from Yongtai Real Estate, Xxxxxxx Xxxx, Xx Xx Xxxxx and Xxxx Xxxx (the contents and forms of the Equities Purchasing Notice are set out in Attachment I hereof);
2.3 Where Wanchi Technology exercised its Equities Purchasing Right, in order to make the equities transferring in compliance with the provisions of this Agreement and relevant laws in essence and in procedure, Yongtai Real Estate, Xxxxxxx Xxxx, Xx Xx Xxxxx, Xxxx Xxxx and the Target Company shall commit to be obliged to individually or jointly take the following actions:
(1) Within seven Business Days from the day on which the Equities Purchasing Notice arrived at Yongtai Real Estate, Xxxxxxx Xxxx, Xx Xx Xxxxx, Xxxx Xxxx and the Target Company, Yongtai Real Estate, Xxxxxxx Xxxx, Xx Xx Xxxxx and Xxxx Xxxx shall prepare and sign all necessary documents in relation to the transfer of the Purchased Equities. Where necessary, Yongtai Real Estate, Xxxxxxx Xxxx, Xx Xx Xxxxx, Xxxx Xxxx and the Target Company shall sign the Equities Transfer Agreement (the “Transfer Agreement”) in the form stipulated in Attachment II hereof or otherwise stipulated by Wanchi Technology. Where Chinese laws and regulations have other provisions on the contents and forms of the Transfer Agreement, it shall be subject to the provisions of Chinese laws and regulations and the requirements of regulatory authorities. Yongtai Real Estate, Xxxxxxx Xxxx, Xx Xx Xxxxx and Xxxx Xxxx shall sign one or more copies of the Power of Att...
Exercising Rights. So far as it is legally able, each Party agrees with the others to exercise all voting rights and powers (direct or indirect) available to it in relation to any person to ensure that the provisions of this Agreement are completely and punctually fulfilled, observed and performed and generally that full effect is given to the provisions set out in this Agreement and to any amendment to this Agreement which is made in accordance with clause 20 (Amendments).
Exercising Rights. The exercise of any right reserved to the District herein in a particular manner or the non- exercise of any such right shall not be deemed a waiver of the District's rights or preclude the District from exercising the right in a different manner.
Exercising Rights. A party may exercise a right or remedy or give or refuse its consent in any way it considers appropriate (including by imposing conditions), unless this agreement expressly states otherwise. If a party does not exercise a right or remedy fully or at a given time, the party may still exercise it later.
