Common use of Reservation of Discretion Clause in Contracts

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. Tenant Developer acknowledges and agrees that, notwithstanding the terms and conditions of this LeaseAgreement, Landlord and the Sublease, Port District 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 Agreement or the Sublease will be construed as circumventing or limiting LandlordPort District’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 LawLaws. Tenant Developer acknowledges and agrees that any and all Discretionary Entitlements may be conditioned, approved or denied by LandlordPort District, in its sole and absolute determination, and Xxxxxx Developer accepts the risk that Landlord Port District may deny any and all Discretionary Entitlements, and hereby waives any claims, demands, actions, causes of action, suits against Landlord Port District for such conditions or denial.