Prudence. The standard of prudence to be used for managing the Investment Property is the prudent investor rule applicable to a fiduciary, which states that a prudent investor "shall exercise the judgment and care, under circumstances then prevailing, which men of prudence, discretion, and intelligence exercise in the management of the property of another, not in regard to speculation but in regard to the permanent disposition of funds, considering the probable income as well as the probable safety of their capital.”
Prudence. The Signatories agree that they shall not challenge the prudence of the decision to acquire the facility under the terms of the BTA, including Non-Compliant wind turbine generators under the terms of the BTA, and to merge Brickyard Hills Project, LLC into Ameren Missouri if the acquisition of the facility closes pursuant to the BTA. Nothing in this Stipulation limits the ability of any Signatory or other party from challenging the prudency of the design, construction costs, interconnection costs, and all other project related costs, including costs impacted by construction duration.
Prudence. The Parties, and each of them, represent and warrant that in executing this Agreement they rely solely upon their own judgment, belief and knowledge, and the advice and recommendations of their own independently selected counsel, concerning the nature, extent and duration of their rights and claims hereunder and regarding all matters which relate in any way to the subject matter hereof, and that, except as provided herein, they have not been influenced to any extent whatsoever in executing this Agreement by any representations, statements or omissions pertaining to any of the foregoing matters by any party or by any person representing any party to this Agreement. The Parties, and each of them, further represent and warrant to each other that he, she or it has made such investigation of the facts pertaining to the settlement, this Agreement and all of the matters pertaining thereto, as he, she or it deems necessary. Each Party assumes the risk of mistake as to facts or law.
Prudence. All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the New York Liquid Asset Fund (NYLAF) Board of Governors to govern effectively. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.
Prudence. The persons signing this Settlement Agreement on behalf of any trust, fund, plan, or other organization warrant and represent that they have concluded that this settlement is reasonable, prudent and in the best interest of the beneficiaries, participants, members, shareholders, and employees to whom they owe any fiduciary duty or other duty of care. Said persons also warrant and represent that they have engaged in all actions and procedures required by law, agreement, or governing principle to reach the conclusion that this settlement is reasonable, prudent, and in the best interest of the beneficiaries, participants, members, shareholders, and employees to whom they owe any fiduciary duty or other duty of care.
Prudence. Unless otherwise agreed in writing by Lessor and Lessee, Lessee covenants to utilize modern mining methods and coal cleaning machinery and equipment, all in a manner consistent with prudent mining practices in East Tennessee.
Prudence. The Sub-Advisor, in the performance of it duties hereunder, shall act at all times with care, skill, prudence and diligence, under the circumstances prevailing that a prudent person who is familiar with such matters would use in discharging such duties and exercising such powers.
Prudence. P&A hereby agrees to manage the Portfolio(s) with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as probable income to be derived. This Prudent Person Law shall be applied to the investment of all Portfolios and Accounts with the same degree of care and assuming the same duty as the Client.
Prudence. All participants in the investment process shall seek to act responsibly as custodians of the public trust and shall avoid any transaction that might impair public confidence in the Cheektowaga Central School District to govern effectively. Investments shall be made with judgment and care, under circumstances then prevailing, which persons of xxxxxxxx, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the safety of the principal as well as the probable income to be derived. All participants involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions.
Prudence. The standard of care which qualified utility management would be expected to exercise under the circumstances that existed at the time the decision in question had to be made. In determining whether a decision was prudently made, only those facts known or knowable at the time of the decision can be considered.
