Common use of Variance Power Clause in Contracts

Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the Foundation, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the Fund.

Variance Power. The Fund is protected from obsolescence. IfIn the event that it becomes unnecessary, in undesirable, impractical, or impossible to utilize the sole judgment of the Board of Directors of the Foundation, Fund for the purposes for which it was created, the Foundation shall have the right to utilize the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent for such other charitable purposes as it deems appropriate in accordance with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the Fundits governing instruments.

Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the Foundation, Should the purposes for which the Fund was created is established ever become obsolete, unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundationcommunity, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal Foundation shall in its sole judgment select a similar use for the funds which will most nearly fulfill the original charitable intent of the FundDonor.

Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Foundation’s Board of Directors of the FoundationDirectors, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the Fund.

Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the Foundation, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the FundXxxx.

Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the Foundation, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s 's Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the Fund.

Variance Power. The Fund is protected from obsolescence. If, in the sole judgment judgement of the Board of Directors of the Foundation, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors Director’s shall modify any restriction or condition on the use or distribution of the income and principal of the Fund. The foundation may not change the restriction of the Fund as endowment without the Donor’s written consent.

Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the Foundation, Should the purposes for which the Fund was created is established ever become obsolete, unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundationcommunity, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal Foundation shall in its sole judgment select a similar use for the funds that will most nearly fulfill the original charitable intent of the Fund.

Variance Power. The Fund is protected from obsolescence. If, in the sole judgment of the Board of Directors of the FoundationBoard, the purposes for which the Fund was created ever become unnecessary, incapable of fulfillment, or inconsistent with the charitable needs of the community served by the Foundation, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income and principal of the FundFund pursuant to federal (United States Treasury Regulations Section 1.170A-9(e)(11)(v)(B), (C) and (D))) or state law.

Variance Power. The Fund is protected from obsolescence. If, The Foundation’s Board of Directors has the authority to modify any restriction or condition on the distribution of funds for any specified charitable purposes if in the sole judgment of the Board of Directors of the Foundationboard, the purposes for which the Fund was created ever become such restrictions or conditions become, in effect, unnecessary, incapable of fulfillment, fulfillment or inconsistent with the charitable needs of the community served by or area being served. This provision is consistent with the FoundationFoundation Board’s variance power as set forth in tax regulations, the Foundation’s Board of Directors shall modify any restriction or condition on the use or distribution of the income 1.170A-9(e)(11)(V)(B), (C) and principal of the Fund(D).