Reservation of Discretion. The Administrator will have the discretion to determine the restrictions or other limitations of the individual awards granted under this Section 5.2 including the authority to reduce awards, payouts or vesting or to pay no awards, in its sole discretion, if the Administrator preserves such authority at the time of grant by language to this effect in its authorizing resolutions or otherwise.
Reservation of Discretion. Tenant acknowledges and agrees that, notwithstanding the terms and conditions of this Lease, Landlord reserves its discretion to condition, approve or disapprove any Discretionary Entitlements or Discretionary Project, including, without limitation, adoption of any and all feasible mitigation measures, alternatives to a Discretionary Project, including a no project alternative, and a statement of overriding consideration, if applicable, and that nothing in this Lease will be construed as circumventing or limiting Landlord’s discretion with respect to any Discretionary Entitlement, or any Discretionary Project, including, without limitation, the exercise of eminent domain, code enforcement and the making of findings and determinations required by Law. Tenant acknowledges and agrees that any and all Discretionary Entitlements may be conditioned, approved or denied by Landlord, in its sole and absolute determination, and Xxxxxx accepts the risk that Landlord may deny any and all Discretionary Entitlements, and hereby waives any claims, demands, actions, causes of action, suits against Landlord for such conditions or denial.
Reservation of Discretion. Notwithstanding anything herein to the contrary, the Manager reserves the right to issue capital calls and to require Members to make Capital Contributions in the amounts and on the dates and terms that it deems to be in the best interests of the Company and the Members; provided, however, that in no event shall any Member be required to contribute capital to the Company beyond the aggregate Capital Commitment specified for such Member on Exhibit A. While Manager anticipates making capital calls to Members in accordance with the installment schedule and terms set forth in subparagraphs (a) through (c) of this Section 4.1, Manager reserves the right to deviate from these terms in its reasonable discretion, based on an assessment of interests that include, but are not limited to, maximizing the efficient use of cash flow, ensuring the sufficiency of Members’ Capital Accounts, preserving Members’ tax basis and ability to utilize solar investment tax credits, preserving the investment structure necessary to effectuate the purpose of the Company and Holding Company, facilitating the pragmatic management of cash flow to ensure timely contributions from the Company to Holding Company, and any other interests the Manager deems advisable or necessary.
Reservation of Discretion. SMWD retains its complete and unfettered discretion to review the adequacy of the information presented by CADIZ and its experts and to exercise its complete and unfettered discretion to approve or disapprove the EIR and the Project following the completion of environmental review.
Reservation of Discretion
