No Effect on Powers. This Agreement does not, and nothing herein will: (a) affect or limit the discretion, rights, duties or powers of the Seller or the approving officer for the Seller under the common law or any statute, bylaw or other enactment; (b) affect or limit the common law or any statute, bylaw or other enactment applying to the Lands; or (c) relieve the Buyer from complying with any common law or any statute, regulation, bylaw or other enactment. Without limiting the foregoing, the Buyer acknowledges and agrees that where fulfillment of a condition precedent under this Agreement requires that the Seller’s municipal council adopt bylaws or pass resolutions, the adoption of such bylaws and passage of such resolutions is within the absolute and unfettered discretion of the council and the provisions of this Agreement will not in anyway obligate the council to adopt such bylaws or pass such resolutions or affect councils’ discretion with respect thereto.
Appears in 1 contract
Samples: Purchase and Sale Agreement
No Effect on Powers. This Agreement does not, and nothing herein willshall:
(a) affect or limit the discretion, discretion rights, duties or powers of the Seller District or the approving officer for the Seller District under the common law or any statute, bylaw or other enactment;
(b) affect or limit the common law or any statute, bylaw or other enactment applying to Fulcrum Land or the LandsDistrict Land; or
(c) relieve the Buyer Purchasers from complying with any common law or any statute, regulation, bylaw or other enactment, including with respect to the development of the District Land. Without limiting the foregoing, the Buyer acknowledges Purchasers acknowledge and agrees agree that where fulfillment of a condition some of the conditions precedent under this Agreement Article 6 requires that the Seller’s municipal council Council of the District adopt bylaws or pass resolutions, the adoption of such bylaws and passage of such resolutions is within the absolute and unfettered discretion of the council District Council and the provisions of this Agreement will not in anyway obligate the council Council to adopt such bylaws or pass such resolutions or affect councils’ discretion with respect theretoresolutions.
Appears in 1 contract
Samples: Land Exchange Agreement
No Effect on Powers. This Agreement agreement does not, and nothing herein will:
(a) affect or limit the discretion, rights, duties or powers of the Seller Vendor or the approving officer for the Seller Vendor under the common law or any statute, bylaw or other enactment;
(b) affect or limit the common law or any statute, bylaw or other enactment applying to the LandsPurchaser, the Land or the Closed Road; or
(c) relieve the Buyer Purchaser from complying with any common law or any statute, regulation, bylaw or other enactment. Without limiting the foregoing, the Buyer Purchaser acknowledges and agrees that where fulfillment of a condition some of the conditions precedent under this Agreement Article 6 requires that the Seller’s municipal council Council of the Vendor adopt bylaws or pass resolutions, the adoption of such bylaws and passage of such resolutions is within the absolute and unfettered discretion of the council Vendor Council and the provisions of this Agreement agreement will not in anyway obligate the council Council to adopt such bylaws or pass such resolutions or affect councils’ discretion with respect theretoresolutions.
Appears in 1 contract
Samples: Road Sale Agreement
No Effect on Powers. This Agreement does not, and nothing herein will:
(a) a. affect or limit the discretion, rights, duties or powers of the Seller Buyer or the approving officer for the Seller City of Kelowna Approving Officer under the common law or any statute, bylaw or other enactment;
(b) b. affect or limit the common law or any statute, bylaw or other enactment applying to the LandsBuyer, the Road Dedication Area; or
(c) c. relieve the Buyer from complying with any common law or any statute, regulation, bylaw or other enactment. Without limiting the foregoing, the Buyer Seller acknowledges and agrees that where fulfillment of a condition precedent under this Agreement requires that the Seller’s municipal council Council of the City of Kelowna adopt bylaws or pass resolutions, the adoption of such bylaws and passage of such resolutions is within the absolute and unfettered discretion of the council Council and the provisions of this Agreement will not in anyway any way obligate the council Council to adopt such bylaws or pass such resolutions or affect councils’ Council’s discretion with respect thereto.
Appears in 1 contract
Samples: Road Dedication Agreement