POWERS OF THE BOARD OF MANAGERS; RELIANCE ON EXPERTS. (a) Except as otherwise provided in this Agreement, the Board of Managers shall have all the powers conferred upon managers by the Act and this Agreement, including but not limited to, (i) the right to choose and hire employees; and (ii) the right to select the provider of any insurance to or for the benefit of the Company, and purchase, modify or terminate any such insurance. The Board of Managers shall have no authority to do any act in contravention of either the Certificate of Formation or this Agreement. (b) In performing its duties, the Board of Managers shall be entitled to rely on information, opinions, reports or statements of one or more agents of the Company whom the Managers reasonably believes to be reliable and competent in the matters presented or any attorney, public accountant or other person as to matters which the Managers reasonably believe to be within such person's professional or expert competence.
Appears in 16 contracts
Samples: Limited Liability Company Agreement (Alpha Terminal Company, LLC), Limited Liability Company Agreement (Alpha Terminal Company, LLC), Limited Liability Company Agreement (Alpha Terminal Company, LLC)
POWERS OF THE BOARD OF MANAGERS; RELIANCE ON EXPERTS. (a) Except as otherwise provided in this Agreement, the Board of Managers shall have all the powers conferred upon managers by the Act and this Agreement, including but not limited to, (i) the right to choose and hire employees; and (ii) the right to select the provider of any insurance to or for the benefit of the Company, and purchase, modify or terminate any such insurance. The Board of Managers shall have no authority to do any act in contravention of either the Certificate Articles of Formation Organization or this Agreement.
(b) In performing its duties, the Board of Managers shall be entitled to rely on information, opinions, reports or statements of one or more agents of the Company whom the Managers reasonably believes to be reliable and competent in the matters presented or any attorney, public accountant or other person as to matters which the Managers reasonably believe to be within such person's professional or expert competence.
Appears in 5 contracts
Samples: Limited Liability Company Agreement (Alpha Terminal Company, LLC), Limited Liability Company Agreement (Alpha Terminal Company, LLC), Limited Liability Company Agreement (Alpha Terminal Company, LLC)
POWERS OF THE BOARD OF MANAGERS; RELIANCE ON EXPERTS. (a) Except as otherwise provided in this Agreement, the Board of Managers shall have all the powers conferred upon managers Managers by the Act and this Agreement, including but not limited to, (i) the right to choose and hire employees; and (ii) the right to select the provider of any insurance to or for the benefit of the Company, and purchase, modify or terminate any such insurance. The Board of Managers shall have no authority to do any act in contravention of either the Certificate of Formation or this Agreement.
(b) In performing its duties, the Board of Managers shall be entitled to rely on information, opinions, reports or statements of one or more agents of the Company whom the Managers reasonably believes believe to be reliable and competent in the matters presented or any attorney, public accountant or other person as to matters which the Managers reasonably believe to be within such person's professional or expert competence.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Alpha Terminal Company, LLC)