Common use of Seller Acting in Proprietary Capacity Clause in Contracts

Seller Acting in Proprietary Capacity. Seller is entering into this Agreement in its proprietary capacity only, notwithstanding the parties’ expectation that Seller, acting in its governmental capacity, may be called upon to take certain actions contemplated by this Agreement. In no way is Seller’s execution of this Agreement an implied or actual waiver of, or limitation on, any of Seller’s rights, discretion, authorities or obligations, acting in its governmental capacity, including but not limited to Seller’s responsibilities under CEQA. Seller, acting in its governmental capacity, shall have no obligation to exercise its approval rights until it has completed all applicable environmental reviews and made all required findings with respect thereto. This Section shall not be deemed to modify any other provision of this Agreement and shall not excuse any breach or default by Seller, acting in its proprietary capacity, of any other provisions of this Agreement.

Seller Acting in Proprietary Capacity. Seller is entering into this Agreement in its proprietary capacity only, notwithstanding the parties’ ' expectation that Seller, acting in its governmental capacity, may be called upon to take certain actions contemplated by this Agreement. In no way is Seller’s 's execution of this Agreement an implied or actual waiver of, or limitation on, any of Seller’s 's rights, discretion, authorities or obligations, acting in its governmental capacity, including but not limited to Seller’s 's responsibilities under CEQA. Seller, acting in its governmental capacity, shall have no obligation to exercise its approval rights until it has completed all applicable environmental reviews and made all required findings with respect thereto. This Section shall not be deemed to modify any other provision of this Agreement and shall not excuse any breach or default by Seller, acting in its proprietary capacity, of any other provisions of this Agreement.