Reservation of Powers. The Parties, individually and collectively, find that no municipal or County powers or functions are being transferred by this Agreement or by the creation of the Authority as a separate legal entity as described in Section 163.01, Florida Statutes. Each Party retains ultimate responsibility within its jurisdiction for supervising waste and recycling as provided by applicable law. Consequently, the Parties find that the Authority serves a limited government function: to operate the System (defined below). The Parties further find that the Authority is not a mere instrumentality of County or of the Municipal Parties. Except for such matters expressly stated in this Agreement, neither County nor the Municipal Parties shall maintain operational control hindering the Authority’s status as an independent and separate legal entity.
Reservation of Powers. Powers not expressly granted to the Council within the terms of this Agreement are reserved to King County and PHSKC, as the case may be.
Reservation of Powers. 10.1 The Accounting Party expressly reserves the powers to:
(a) remove the Trustee;
(b) direct the investment and reinvestment of the principal and income of the Trust Fund; it shall be the duty of the Trustee to act strictly in accordance with such investment directions, and any changes therein, as so communicated to the Trustee from time to time in writing. To the maximum extent permitted by law, Trustee shall have no duty or responsibility (i) to advise with respect to, or inquire as to the propriety of, any such investment direction or (ii) for any investment decisions made with respect to the Trust by PPL or the Accounting Party. In the absence of investment direction by the Accounting Party, the Trustee shall invest Trust assets in any manner permitted under Section 5.1; and
(c) following the occurrence of a Potential Change in Control as defined in Paragraph 10.3, modify, alter or amend this Trust Agreement, provided that no such modification, alteration or amendment may directly or indirectly (i) affect any Participant's entitlement to receive benefit payments under any Plan or under this Trust Agreement or the amount, form or timing of such benefit payments, (ii) alter the relative funding levels of the Plan Accounts, (iii) alter the method of allocation of Trust Fund earnings and losses among the Plan Accounts, (iv) eliminate the requirement under this Trust Agreement of separate accounting for the interests of each Plan in the Trust Fund, (v) impair or otherwise affect any claims which general creditors of PPL may have with respect to the Trust Fund in the event of PPL becomes Insolvent, (vi) change the rights, duties, powers, liabilities or immunities of the Trustee hereunder without the Trustee's written consent, except as provided upon the Trustee's removal in Article VIII, (vii) eliminate the restrictions set forth in this subparagraph 10.1(c), or (viii) confer upon the Trustee or any other person, directly or indirectly, the power or authority to effect any result prohibited under clauses (i)-(vii) of this subparagraph 10.1(c). No provision of this Trust Agreement may be amended by PPL in any manner adverse to Participants following a Potential Change in Control.
10.2 Subject to the provisions of Paragraphs 10.1 and 10.3 of this Article X, PPL expressly reserves the powers to:
(a) modify, alter, amend, terminate or revoke this Trust Agreement and the trust hereby created to any extent and in any respect deemed advisable by PPL, through an a...
Reservation of Powers. The Parties find that no municipal or County powers or functions are being transferred by this Agreement. Each Party retains ultimate responsibility within its jurisdiction for supervising Solid Waste and Recyclable Materials as appropriate function: to operate a Solid Waste Disposal and Recyclable Materials Processing System. The Parties further find that the Authority is not a mere instrumentality of County or of the Municipalities. Neither County nor the Municipalities will maintain operational control that might hinder the Authority’s ability to remain an independent entity.
Reservation of Powers. Any powers not specifically enumerated shall be reserved to the Parties. Specifically, and without limitation, the following powers are reserved: the ability to hire staff; the ability to own real property; the ability to own personal property, unless such properties are purchased with grant monies or are a gift; the ability to levy; and the ability to incur debt or bond.
Reservation of Powers. The CITY reserves any and all powers it may have, now or in the future under applicable local, state, or federal law, to regulate the DAS/Small Cell Networks, their use, or the use of the Public Rights-of-Way or of other CITY property. FRANCHISEE shall be subject to all present and future ordinances of the CITY and its Boards and Commissions. Nothing in this Agreement shall be construed as a waiver of any codes, ordinances or regulations of the CITY or of the CITY 's right to require FRANCHISEE to secure the appropriate permits or authorizations for exercising the rights set forth in this Agreement.
Reservation of Powers. The City expressly reserves the right to apply to the Project any New City law (i) which is found by the City to be necessary to protect the residents of the Project or the residents of the City from a condition that is based on genuine health or safety concerns and are generally applicable to all properties in the City; or (ii) which arises out of a documented emergency situation, as declared by the President of the United States, Governor of California, or the Mayor or City Council of the City. Notwithstanding the above, New City Laws that seek to (i) control the rate of development or construction in City in a manner inconsistent with parties’ Rights under this Agreement, (ii) alter the City Laws regarding sewer, water storm drainage or other City services and facilities in a manner inconsistent with the parties’ Rights under this Agreement, (iii) limit or reduce the number of lots or square footage which may be developed on the Project pursuant to this Agreement, (iv) impose any fees, exactions or other monetary obligations other than as permitted by this Agreement, (v) change any land use designation or permitted use vested by this Agreement, (vi) limit the processing of applications for, or the obtaining of, Subsequent Approvals, or (vii) require the issuance of additional permits or approvals by City other than those required by Applicable Law for development of the Project shall not apply to the Project during the Term.
Reservation of Powers. The Township reserves any and all powers it may have, now or in the future under applicable local, state, or federal law, to regulate the DAS/Small Cell Networks, their use, or the use of the Public Rights-of-Way or of other Township property. LICENSEE shall be subject to all present and future ordinances of the Township and its boards and commissions. Nothing in this Agreement shall be construed as a waiver of any codes, ordinances or regulations of the Township or of the Township's right to require LICENSEE to secure the appropriate permits or authorizations for exercising the rights set forth in this Agreement.
Reservation of Powers. 17.1 The Board, on its own behalf and on the behalf of the electors of the district, hereby retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and constitution of the state and the United States.
17.2 By the adoption of this agreement, the Association and the Board hereby agree that nothing contained herein shall be construed to delegate or limit the powers, rights, authority, duties and responsibilities of a Board of Education as prescribed by the Constitution and Laws of the State of Oklahoma.
Reservation of Powers. All powers not expressly granted to the CAB by this Agreement, and/or the CAB Bylaws, are reserved to AHS and the BOT, as the case may be.
