Opinions and Determinations. Where the terms of this Agreement provide for action to be based upon opinion, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
Appears in 60 contracts
Samples: Design & Engineering Services Agreement, Planning, Design & Engineering Services Agreement, Design & Engineering Services Agreement
Opinions and Determinations. Where the terms of this Agreement provide for action to be based upon opinion, judgment, approval, review, review or determination of either party any Party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, review or determination to be arbitrary, capricious, capricious or unreasonable.
Appears in 12 contracts
Samples: Water Purchase Agreement, Water Purchase Agreement, Water Purchase Agreement
Opinions and Determinations. Where the terms of this the Agreement provide for action to be based upon opinionupon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
Appears in 5 contracts
Samples: Technical Support Services Agreement, Technical Support Services Agreement, Technical Support Services Agreement
Opinions and Determinations. Where the terms of this Agreement provide for action to be based upon opinionupon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Grant Agreement
Opinions and Determinations. Where the terms of this Agreement provide for action to be based upon the opinion, judgmentdetermination, approval, review, approval or determination review (Opinions and Determinations) of either party heretoParty, such terms are not intended to be, and will not be and shall never be construed construed, as permitting such opinion, judgment, approval, review, or determination actions to be arbitrary, capricious, capricious or unreasonable. Opinions or Determinations required of a Party under this Agreement will be provided in a timely manner.
Appears in 2 contracts
Samples: Coordination and Facilitation Agreement, Agreement for Temporary Storage of Transfer Water
Opinions and Determinations. Where the terms of this Agreement provide for action to be based upon opinion, judgment, approval, review, review or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, review or determination to be arbitrary, capricious, capricious or unreasonable.
Appears in 1 contract
Samples: Grant Agreement
Opinions and Determinations. Where the terms Except as may be otherwise provided in this Agreement, or any term of this Agreement provide provides for action to be based upon passed on the opinion, judgment, approval, consent, review, certification, or determination of either party heretoa party, such terms are shall not intended to be and shall never be construed as permitting such the opinion, judgment, approval, consent, review, certification, or determination to be arbitrary, capricious, capricious or unreasonable.
Appears in 1 contract
Samples: Groundwater Banking Agreement
Opinions and Determinations. Where the terms of this Agreement provide for action to be based upon opinion, judgment, approval, review, review or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, review or determination to be arbitrary, capricious, or unreasonableunreasonably delayed or conditioned.
Appears in 1 contract
Samples: Water Supply Agreement (California Water Service Group)