Discretionary Power. This Agreement does not grant discretionary power to VFA or IAR to direct any investments owned by Client or otherwise act on Client’s behalf.
Discretionary Power. In all cases where by virtue of any Artist's Engagement Contract the consent or approval of Equity is required, Equity has and reserves full discretionary power in giving its consent to change, modify and limit rights of any member under the Artist's Engagement Contract, said action to be taken on behalf of the Equity in writing by either the President or Executive Director, or one of the executives or members of the legal department especially authorized by either of said officers to act. 2017-2020 Royal Winnipeg Ballet Agreement | page 73
Discretionary Power. The Investors acknowledge that the right to manage, perform and enforce the terms of this Agreement with respect to the Collateral and to exercise and enforce all privileges and rights hereunder for the benefit of the Investors shall be determined by the Required Investors, according to their discretion and the exercise of their business judgment, including, without limitation, the exclusive right to take or retake control or possession of the Collateral and to hold, prepare for sale, process, sell, lease, dispose of, transfer or liquidate the Collateral.
Discretionary Power. (a) Anything in this Exhibit or the Agreement to the contrary notwithstanding, the Claims Administrator may, at any time prior to making a negative determination pursuant to section 4 of this Exhibit, upon an application to such effect by a Program Claimant received at any time prior to the Final PME Records Submission Deadline or an Section 1.5 deadline (as applicable and as the same may have been extended pursuant to section 3(a) of this Exhibit), deem any particular Program Claimant to have fully complied with the requirements of Section 1.3 or 1.5, as the case may be, if the Claims Administrator determines that (i) such Enrolled Program Applicant has made a diligent and good faith attempt fully to comply with, but nonetheless, due to special, unforseen or extraordinary circumstances, is not likely to be able fully to comply with, the requirements of Section 1.3 or 1.5, as applicable, within even the extended time frames contemplated by this Exhibit, (ii) such Enrolled Program Applicant has in fact substantially completely complied with the requirements of Section 1.3 or 1.5, as applicable, and (iii) under the circumstances to deem such Enrolled Program Applicant to be a Non-Submitting Program Claimant would thus be inequitable. Subject to the requirements of clauses (i), (ii) and (iii) of the preceding sentence, exercise by the Claims Administrator of the authority granted to it pursuant to the preceding sentence shall be within the sole discretion of the Claims Administrator. Any determination by the Claims Administrator not to, or any other failure by the Claims Administrator to, exercise the discretion afforded to it under this section 4(a) is Non-Appealable.
Discretionary Power. The Client declares that he/she wishes to participate in Desjardins Securities’ Discretionary management Service Program (hereinafter, the “DMS Program”). The Client hereby gives Desjardins Securities the discretionary authority to make any transactions for the purchase or sale of securities in the Account, the whole, however, in accordance with the Investment Policy as initially detailed in the “Investment Policy” section of the Discretionary Management Service Account Opening Form and as it may be subsequently amended.
Discretionary Power. The Client entrusts his/her Managed Account to a portfolio manager in order for the latter to provide discretionary management services. To this end, the Client agrees that the portfolio manager will use a model portfolio, which he/she will manage.
Discretionary Power. Any matter not covered by this contract is subject to the decision and control of the JDIQ, notwithstanding anything in the reservation request for exhibition space(s) or included in this contract. JDIQ will take every reasonable precaution to protect exhibitors’ goods during installation, the convention and dismantling. However, under no circumstance shall JDIQ assume responsibility for personal injury, or lost or damaged materials, products, displayed items or decorations due to fire, accident, theft or any other reason inside the palais des congrès de Montréal. At all times during the convention, the exhibitor must have sufficient insurance coverage to protect exhibited items from damage or loss, as well as third-party liability insurance to protect against bodily injury and damage to the property of others.
Discretionary Power. In all cases where by virtue of any Artist’s contract the consent or approval of CAEA is required, the Association has and reserves full discretionary power in giving its consent to change, modify or limit rights of any member under said Artist’s contract, said action to be taken on behalf of the Association in writing by the Executive Director, or his or her designate.
