Unfettered Discretion. Save as otherwise provided herein any ability or power which may be exercised or any determination which may be made under this Deed by the Security Trustee or a Beneficiary may be exercised or made in its absolute and unfettered discretion and it shall not be obliged to give reasons therefor.
Unfettered Discretion. For the avoidance of doubt, the Department has an unfettered discretion to terminate this Contract in accordance with this clause 63.
Unfettered Discretion. Any liability or power which may be exercised or any determination which may be made under this Deed by the Bank may be exercised or made in its absolute and unfettered discretion and it shall not be obliged to give reasons therefor.
Unfettered Discretion. Any liberty or power which may be exercised or any determination which may be made under this Share Charge by the UK Security Trustee or any Receiver may, subject to the terms and conditions of the Credit Agreement, be exercised or made in its absolute and unfettered discretion without any obligation to give reasons.
Unfettered Discretion. Nothing in this Agreement in any way restricts or otherwise affects the City or Sydney Water’s unfettered discretion to exercise any of their statutory functions, powers as a public authority (in the case of the City) or powers to any law, or, in the case of Sydney Water, the ability of Sydney Water to comply with its Operating Licence and Customer Contract (each as amended from time to time). Signed for and on behalf of The COUNCIL OF THE CITY OF SYDNEY by its duly authorised officer in the presence of: Witness: Signature: Name of Witness (printed): XXXXXX XXXXXX Signed, sealed and delivered for and on behalf of Sydney Water Corporation ABN 36 776 225 by in his capacity as , pursuant to Power of Attorney dated 21 November 2012 and Registered Book 4644 No 192, in the presence of: Signature of witness Signature Name of witness (block letters)
Unfettered Discretion. (a) Nothing in this Related Agreement will in any way unlawfully restrict or otherwise unlawfully affect the unfettered discretion of the State or the Minister to exercise its or his or her executive powers or any of its or his or her functions or powers pursuant to any legislation.
(b) Without limiting clause 1.3(a), anything which the State or the Minister does, fails to do or purports to do pursuant to its or his or her executive powers or its or his or her functions and powers under any legislation will not be deemed to be an act or omission by the State or the Minister (as applicable) under this Related Agreement.
(c) Notwithstanding anything contained or implied in this Related Agreement to the contrary, the parties expressly agree that each of the State and the Minister is not obliged in performing any of its or his or her duties and obligations under this Related Agreement to exercise a power, function or duty which is granted to or within the responsibility of a Government Agency in the proper exercise and performance of its legal duties and functions.
(d) If there is any statement in this Related Agreement that the State or the Minister will:
(i) act "reasonably";
(ii) use "reasonable endeavours";
(iii) take “reasonable steps”;
(iv) provide "reasonable assistance"; or
(v) otherwise act in a reasonable manner, in relation to an outcome, it means that the State or the Minister (as applicable) will take steps to bring about the relevant outcome so far as it or he or she is reasonably able to do so, having regard to its or his or her resources and other responsibilities, but:
(vi) each of the State and the Minister cannot guarantee the relevant outcome and no breach of the Related Agreement will occur as a consequence of the outcome not occurring; and
(vii) each of the State and the Minister does not agree to:
(A) interfere with or influence the exercise of any statutory power or discretion by any body, including a Government Agency;
(B) exercise a power or direction or otherwise act in a manner that promotes the objectives and expected outcomes of this Related Agreement if the State or the Minister (as applicable) regards that exercise as not in the public interest;
(C) change, develop or implement policy or legislation in the future in a manner that is only consistent with the objectives and expected outcomes of this Related Agreement; or
(D) exercise a power or discretion or otherwise act in a manner that the State or the Minister (as applicable) ...
Unfettered Discretion. Nothing in this Agreement in any way restricts or otherwise affects the unfettered discretion of the Parties as to the exercise of their respective statutory powers and to the extent of any conflict between the Parties' respective statutory powers and this Agreement, the former prevails.
Unfettered Discretion. Save where specifically provided to the contrary in this deed, any liability or power which may be exercised or any determination which may be made under this deed by the Agent may be exercised or made in its absolute and unfettered discretion and it shall not be obliged to give reasons therefor.
Unfettered Discretion. Subject to clause 2.4 (No limitation of State obligations), the parties acknowledge and agree that:
(a) nothing in this Lease or in any other Transaction Document will in any way unlawfully restrict or otherwise unlawfully affect the unfettered discretion of the State to exercise its executive powers or any of its functions or powers pursuant to any legislation;
(b) without limiting clause 2.5(a) (Unfettered discretion), anything which the State does, fails to do or purports to do pursuant to its executive powers or its functions and powers under any legislation will not be deemed to be an act or omission by the State under this Lease;
(c) unless by Law (other than the Project Legislation) or in the exercise of its executive powers (other than under the Project Legislation) the State has a duty, or is required, to act or not act, the State is not relieved from any Claim that the Concessionaire may have against the State for exercising or not exercising any of its functions or powers in a manner contrary to an express obligation of the State under this Lease or any other Project Document, the existence of such obligation and the existence and amount of such Claim to be assessed assuming clause 2.5(b) (Unfettered discretion) does not apply; and
(d) any term of this Lease which does or purports, in whole or part, to bind the State to exercise any of its executive powers or its functions or powers pursuant to any legislation must be interpreted subject to this clause 2.5 (Unfettered discretion).
Unfettered Discretion. Nothing in this agreement in any way restricts or otherwise affects Council’s or Sydney Water’s unfettered discretion to exercise any of their respective statutory functions, powers as a public authority (in the case of Council) or powers to any law, or, in the case of Sydney Water, the ability of Sydney Water to comply with its Operating Licence and Customer Contract (each as amended from time to time).
