Ultimate Authority. Notwithstanding any other provision of this Agreement, the Ceding Company shall retain the ultimate authority to make all final decisions with respect to the administration of the Reinsured Policies and the NICO Reinsurance Agreement; provided, that nothing in this Section 2.05 is intended to relieve the Ceding Company for any liability for any breach of the terms and conditions of this Agreement resulting from exercise of such ultimate authority.
Ultimate Authority. Notwithstanding, and without limitation of, any other provision of this Agreement, the Cedant shall retain the ultimate authority to make all final decisions with respect to the administration of the Reinsured Policies and the [*] Third Party Reinsurance Contracts.
Ultimate Authority. Notwithstanding any other provision contained in this Agreement to the contrary, the Company shall (i) retain the ultimate authority to make all final decisions with respect to the administration of the Policies, taking into account the recommendations of the Administrator provided to the Company hereunder, which the Company shall only reject in good faith and in light of the intent of the Parties and (ii) have the right to direct the Administrator to perform any action necessary for the Policies or the administration thereof to comply with Applicable Law, or to cease performing any action that constitutes a violation of Applicable Law and would reasonably be expected to have an adverse impact on the Company.
Ultimate Authority. Except as otherwise provided herein, and subject to the terms and conditions hereof, the Cedant shall retain the ultimate authority to make all final decisions with respect to the administration of the Subject Annuities.
Ultimate Authority. Notwithstanding any other provision of this Agreement, UCIC shall retain and have ultimate control and responsibility of the functions delegated to CCC pursuant to this Agreement. Moreover, notwithstanding any other provision of this Agreement, FPIC shall retain ultimate authority over the adjusting and settling of claims and, with respect to any claim or loss of any amount, FPIC may, at any time prior to the final settlement of such claim or loss, take over the entire defense and control of such claim or loss.
Ultimate Authority. The Commission shall be the ultimate authority, as defined in IC 4- 21.5-1-15, for all Commission actions unless otherwise identified in this MOU or in any other written designation by the Commission.
A. The Commission designates the OALP as the ultimate authority to issue final orders on the Commission’s behalf in the following instances:
(1) the Petitioner requests to voluntarily dismiss the administrative review and terminate further proceedings;
(2) the parties of the administrative review submit a Stipulated, Agreed Motion to Dismiss (Joint Motion to Dismiss) to the ALJ, terminating further proceedings.
(3) the petition for administrative review requests a stay of enforcement of the order in dispute and the ALJ is issuing an order regarding the request for stay; and
(4) the petition for administrative review is an appeal of an Emergency Order issued with respect to one or more violations of the Commission’s rules or state statutes administered by the Commission.
B. The Commission may revoke the designation in Section 3.A at any time and for any reason by providing written notice to the OALP.
C. The Commission will promptly send a copy of any action taken by the Commission to request assignment of an OALP ALJ to preside over its administrative proceedings pursuant to IC 4-21.5-3-9.
Ultimate Authority. Subject to Section 12.1, Endurance shall have the ultimate authority with respect to any matter relating to the Claims Services.
Ultimate Authority. Provider shall retain final authority and control of all professional medical services provided to patients of Provider at the Facility Location, and supervision of personnel provided under this Agreement by Manager while such personnel are involved in rendering the Services (the “Professional Component”). Manager shall have no control or direction over Provider with respect to any aspect of the Professional Component and shall not engage in any act or activity constituting the practice of medicine as defined by the State of California.
Ultimate Authority. The FPBSC has ultimate authority over all FPBSC proceedings and may expressly designate its ultimate authority to the OALP in this MOU or a later designation made in writing. Designations made by the FPBSC, may be revoked at any time by providing written notice to the OALP.
a. Proceedings conducted under Ind. Code Chapter 4-21.5-4.
b. When dismissing the matter and entering a final order based on agreement of the parties.
c. When dismissing the matter based on voluntarily dismissal by Petitioner or Complainant.
d. When dismissing a matter due to the order under review being rescinded. Except where law provides otherwise, in all instances where the OALP is not the ultimate authority over a matter, an OALP action disposing of all issues in a proceeding will be issued as a nonfinal order which must be acted on by the ultimate authority or its designee in accordance with Ind. Code § 4-21.5-3-29.
Ultimate Authority. Notwithstanding any other provision in this Appendix I, the Midwest ISO may intercede and direct appropriate actions in its role as the regional security coordinator. If such Midwest ISO action is disputed, the Midwest ISO’s position shall control pending resolution of the dispute.
