Xxxxxxx’s Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any provision of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such provision or of any subsequent breach of the same or any other provision of this Easement or of any of Grantee’s rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver.
Xxxxxxx’s Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee. No failure on the part of Grantee to enforce any term of this Easement shall discharge or invalidate such term or any other term of this Easement, nor affect the right of Grantee to enforce that same term in the event of a subsequent breach.
Xxxxxxx’s Discretion. Where discretion is given to the Carrier by any provision hereof, the exercise of that discretion by the Carrier shall be absolute and unfettered. Such an exercise of discretion may be unreasonable or arbitrary.
Xxxxxxx’s Discretion. As the Carrier, we reserve the right at any time, without notice, to cancel any cruise or Cruise Tour, to change or postpone the date or time of sailing or arrival, to change the port of embarkation or final destination, to shorten the cruise or to change or substitute any component of the Cruise Tour. If we are required to do any of these things, we will be responsible to you as follows: If we cancel the cruise or Cruise Tour before it has started, we will refund the Cruise Fare that we have actually received. If the scheduled sailing date or time is delayed and as a result of that delay, you are not otherwise accommodated on board the Ship, we may arrange hotel accommodations and food at no additional expense to you for the duration of the delay. If the cruise is shortened, we will make a proportionate refund of the Cruise Fare. MRP responsibility does not extend beyond the vessel, and whenever passengers leave it, any arrangements made by them or for them are at their own risk.
Xxxxxxx’s Discretion. Save as provided in §9 hereof, if the Aircraft shall for any reason whatsoever (whether before or after commencement of the Flight Schedule) become incapable of undertaking or continuing the Flight Schedule (or any portion thereof), Carrier may, at its discretion, substitute therefore an aircraft of the same or another type and the provisions of this Agreement shall apply mutatis mutandis to the substituted aircraft. If Carrier does not elect to substitute another aircraft, it shall notify Customer as soon as possible and shall be relieved of its obligations to provide the Aircraft for the Flight Schedule (or any portion thereof) which can no longer be undertaken by reason of the incapacity of the Aircraft and Carrier shall not be under any liability to Customer other than to refund to Customer such part of the Charter Price which relates to the cancelled Flight Schedule (or any portion thereof).
Xxxxxxx’s Discretion. Enforcement of the terms of this Conservation Easement by Grantee shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Conservation Easement in the event of any breach of any term of this Conservation Easement shall not be deemed or construed to be a waiver of such term or of any subsequent breach of the same or any other term of this Conservation Easement or of any rights of Grantee under this Conservation Easement. No delay or omission by Grantee in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver.
