No xxxxxx. Nothing in this document in any way restricts or otherwise affects the City’s unfettered discretion to exercise its statutory powers as a public authority.
No xxxxxx. No provision of this agreement is intended to constitute any xxxxxx on the exercise of any Discretion. If, contrary to the operation of this clause, any provision of this agreement is held by a court of competent jurisdiction to constitute a xxxxxx on any Discretion, the parties agree:
(a) They will take all practical steps, including the execution of any further documents, to ensure the objective of this clause is substantially satisfied,
(b) In the event that (a) cannot be achieved without giving rise to a xxxxxx on the exercise of a Discretion, the relevant provision is to be severed and the remainder of this agreement has full force and effect, and
(c) To endeavour to satisfy the common objectives of the parties in relation to the provision of this agreement which is to be held to be a xxxxxx on the extent that is possible having regard to the relevant court judgment.
No xxxxxx. Nothing in this Agreement shall be construed as requiring Council to do anything that would cause it to be in breach of any of its obligations at Law, and without limitation, nothing shall be construed as limiting or fettering in any way the exercise of any statutory discretion or duty.
No xxxxxx. Nothing in this deed is to be construed as requiring an authority to do anything that would cause it to be in breach of any of its obligations at Law, and without limitation:
(a) nothing in this deed is to be construed as limiting or fettering in any way the exercise of any statutory discretion or duty; and
(b) nothing in this deed imposes any obligation on the Council to:
(1) grant development consent or project approval; or
(2) exercise any function or power under the Act in relation to a change, or a proposed change, in an environmental planning instrument.
No xxxxxx. Nothing in this deed is to be construed as requiring the Minister to do anything that would cause the Minister to breach any of the Minister’s obligations at law and without limitation, nothing in this deed shall be construed as limiting or fettering in any way the discretion of the Minister in exercising any of the Minister’s statutory functions, powers, authorities or duties.
No xxxxxx. Section 7.4(9) of the Act precludes a planning agreement from imposing an obligation on a planning authority to grant development consent or to exercise a function under the Act in relation to a change to an environmental planning instrument.
No xxxxxx. (a) Nothing in this Instrument in any way restricts or otherwise affects the unfettered discretion of the Council in the exercise of its statutory powers as a public authority.
(b) If any conflict arises between the unfettered discretion of the Council in the exercise of its powers as a statutory authority and the performance of any right or obligation in this Instrument, the former prevails.
No xxxxxx. Nothing in this deed is to be construed as requiring the Council to do anything that would cause the Council to breach any of the Council’s obligations at law and without limitation, nothing in this deed shall be construed as limiting or fettering in any way the discretion of the Council in exercising any of the Council’s statutory functions, powers, authorities or duties.
No xxxxxx. No provision of this agreement is intended to constitute any xxxxxx on the exercise of any Discretion. If, contrary to the operation of this clause, any provision of this agreement is held by a court of competent jurisdiction to constitute a xxxxxx on any Discretion, the parties agree:
(a) They will take all practical steps, including the execution of any further documents, to ensure the objective of this clause is substantially satisfied,
No xxxxxx. Nothing in or under this CSA, including any requirement to use reasonable or best efforts, act reasonably or in good faith, or not unreasonably withhold consent or approval, will require the Province to act contrary to or interfere with or otherwise xxxxxx the exercise by the Province or its agencies of any statutory, prerogative, executive or legislative power or duty.
