Our Discretion. Various clauses of this Client Agreement confer discretions on us to act in circumstances that are set out in the relevant provision. In exercising such discretions, we will act in accordance with the following:
(a) we will have due regard to our commercial objectives, which include:
(i) maintaining our reputation as a product issuer;
(ii) responding to market forces;
(iii) managing all forms of risks, including, but not limited to operational risk and market risk; and
(iv) complying with our legal obligations as a holder of an AFSL;
(b) we will act when necessary to protect our Position in relation to the trade or event;
(c) we will take into account the circumstances existing at the time and required by the relevant provision. We will try to act reasonably in exercising our discretion but we are not obliged to act in your best interests or to avoid or minimise a loss in your Account.
Our Discretion. In the absence of contrary Instructions, we are authorized at our absolute discretion, and at your cost and expense:
(a) to request payment of and receive all interest and other payments or distributions (whether of a capital or income nature) in respect of any Securities or Investments;
(b) to surrender your Securities or other Investments against receipt of the monies payable at maturity or on redemption of the Securities or other Investments if called prior to maturity;
(c) to exchange any documents relating to any of your Securities or other Investments, where such documents have been issued, in interim or temporary form for definitive form; and
(d) to complete and deliver on your behalf as owner any ownership certificates in connection with the Securities or other Investments which may be required to obtain income from your Securities or other Investments or to facilitate their sale.
Our Discretion. We may, in our absolute discretion, accept or reject any such request. Our discretion will not be affected if you pre-pay any moneys or take delivery of any Equipment.
Our Discretion. 8.1 We reserve the right not to approve any Card Transactions.
8.2 You can normally use the Card until its expiry date. However we reserve the right to suspend the use of the Card or to change any benefits or privileges of your Card Account.
Our Discretion. If, in the sole discretion of Happy Canyon, or its Board of Directors, you breach this Contract, or in any way conduct yourself in a way that is inconsistent with the standards and ideals of Happy Canyon, which standards and ideals shall be determined in the sole discretion of the Happy Canyon or its Board of Directors, then you agree that the Happy Canyon may take such actions as it’s sole discretion deems appropriate, including without limitation removing you as a Happy Canyon Princess. You understand and agree that if you are removed as a Happy Canyon Princess, you will lose all of the rights and privileges associated with that honor. You also agree to hold harmless Happy Canyon, and its Board of Directors, from any claims you may have as a result of removal, or other disciplinary action.
Our Discretion. Various clauses of this Client Agreement confer discretions on us to act in circumstances that are set out in the relevant provision. In exercising such discretions, we will act in accordance with the following:
a) we will have due regard to our commercial objectives, which include:
I. maintaining our reputation as a product issuer;
II. responding to market forces;
III. managing all forms of risks, including, but not limited to operational risk and market risk; and
IV. complying with our legal obligations.
b) we will act when necessary to protect our Position in relation to the trade or event;
c) we will take into account the circumstances existing at the time and required by the relevant provision.
Our Discretion. Various clauses of this Client Agreement confer discretions on us to act in circumstances that are set out in the relevant provision. In exercising such discretions, we will act in accordance with the following: Page9
(a) we will have due regard to our commercial objectives, which include:
(i) maintaining our reputation as a product issuer;
Our Discretion. Whenever we have expressly reserved in this Agreement a right and/or discretion to take or withhold an action, or to grant or decline to grant you a right to take or withhold an action, except as otherwise expressly and specifically provided in this Agreement, we may make such decision or exercise our right and/or discretion on the basis of our judgment of what is in our best interests. This also applies if we are deemed to have a right and/or discretion. Our judgment of what is in the best interests of the System, at the time our decision is made or our right or discretion is exercised, can be made without regard to whether: (1) other reasonable alternative decisions or actions, or even arguably preferable alternative decisions or actions, could have been made by us; (2) our decision or the action taken promotes our financial or other individual interest; (3) our decision or the action taken applies differently to you and one or more other franchisees or our company-owned or affiliate-owned operations; or (4) our decision or the action taken is adverse to your interests. We will have no liability to you for any such decision or action. We and you intend that the exercise of our right or discretion will not be subject to limitation or review. If applicable law implies a covenant of good faith and fair dealing in this Agreement, we and you agree that such covenant will not imply any rights or obligations that are inconsistent with a fair construction of the terms of this Agreement and that this Agreement grants us the right to make decisions, take actions and/or refrain from taking actions not inconsistent with your rights and obligations under this Agreement.
Our Discretion. You acknowledge and agree that WALLEX may refuse to act upon an Instruction for any reason whatsoever and may defer acting thereon or seek further information with respect to the Instruction as it thinks fit. Additionally, WALLEX is authorised (but not obliged) to act on any Instruction which WALLEX believes was given by you.
