No Fettering of Discretion. Notwithstanding any other provisions of this Agreement, none of the provisions of this Agreement, including a provision stating the parties’ intention, is intended to operate, nor will have the effect of operating, in any way to xxxxxx either the Council which authorized the execution of this Agreement or any of its successor councils in the exercise of any of Council’s discretionary powers, duties or authorities. The Developer will not obtain any advantageous planning or other consideration or treatment by virtue of it having entered into this Agreement or by virtue of the existence of this Agreement.
No Fettering of Discretion. Notwithstanding any other provision of this Agreement, the Company and the Purchaser hereby agree and acknowledge that the Shareholder is bound hereunder solely in his or her capacity as a securityholder of the Company and that the provisions hereof shall not be deemed or interpreted to bind the Shareholder in his or her capacity as a director or officer of the Company.
No Fettering of Discretion. Nothing in this Agreement shall be considered to xxxxxx any statutory discretion of the Board of the CRD or the Council of the Township nor to impair or waive any power, right or authority of the CRD or the Township under the Community Charter, the Local Government Act or any other enactment as defined in the Interpretation Act.
No Fettering of Discretion. The awarding of Options under this Plan is a matter to be determined solely in the discretion of the Board. This Plan shall not in any way fxxxxx, limit, obligate, restrict or constrain the Board with regard to the allotment or issue of any Shares or any other securities in the capital of the Company or any of its Affiliates other than as specifically provided for in this Plan.
No Fettering of Discretion. Except in so far as is legally or equitably permitted nothing in this Deed shall xxxxxx prejudice or affect the exercise of any statutory or regulatory power duty or discretion of the Council
No Fettering of Discretion. Nothing in Section 5.2 shall be interpreted to extend to the acts or omissions of any Person acting in his capacity as a director of Target or otherwise to fetxxx xxe proper exercise of discretion by such Person.
No Fettering of Discretion. The Parties agree that notwithstanding any other provisions in this Agreement, none of the provisions of this Agreement shall operate or have the effect of operating to, in any way, xxxxxx the discretion of the City or its Council with respect to any discretionary powers, duties, or authorities it may have as a municipal corporation at law.
No Fettering of Discretion. Notwithstanding any other provision of this Agreement, the Owner expressly acknowledges and agrees that none of the provisions of this Agreement (including a provision stating the parties' intention) is intended to operate, nor shall have the effect of operating, in any way to xxxxxx the discretion of the Township and its Council in the exercise of any of its discretionary power, duties or authorities, including without limitation, the authority to approve, approve with conditions or deny draft plan approval of the application for approval of a draft plan of subdivision filed by the Owner. The Owner expressly acknowledges and agrees that it will not obtain any advantageous planning or other consideration or treatment, including approval of a draft plan of subdivision for the Lands, by virtue of it having entered into this Agreement.
No Fettering of Discretion. Notwithstanding any other provision of this Agreement, the Owner expressly acknowledges and agrees that none of the provisions of this Agreement (including a provision stating the parties’ intention) is intended to operate, nor shall have the effect of operating, in any way to xxxxxx the discretion of the Town and its Council in the exercise of any of its discretionary power, duties or authorities, including without limitation, the authority to approve, approve with conditions or deny draft plan approval of the Plan filed by the Owner. The Owner expressly acknowledges and agrees that it will not obtain any advantageous planning or other consideration or treatment, including approval of a draft plan of subdivision for the Lands, by virtue of it having entered into this Agreement.
No Fettering of Discretion. (a) Subject to clause 40(b), the Concessionaire acknowledges and agrees that:
(i) nothing in this agreement will in any way restrict or otherwise affect the unfettered discretion of the RTA to exercise any of its statutory functions or powers; and
(ii) anything the RTA does, fails to do, or purports to do, pursuant to its statutory functions or xxxxxx, xxxx be deemed not to be an act or omission of the RTA under this agreement and will not entitle the Concessionaire to make any Claim against the RTA arising out of the subject matter of this agreement.
(b) Clause 40(a) does not, however, limit any liability for damages which, but for clause 40(a), RTA would have had to the Concessionaire under this agreement to the extent that it is expressly provided for in the agreement or as a result of a breach by the RTA of a term of the agreement.
