Common use of Binding Effect of Trustees’ Determinations Clause in Contracts

Binding Effect of Trustees’ Determinations. The exercise or non-exercise of any discretionary power granted hereunder to the Trustee and all actions taken by the Trustee with respect to making distributions hereunder shall be final and binding upon all persons except to the extent that the exercise of such discretion shall limit the State of New Mexico’s ability (or ability of any other state that has provided Medicaid assistance to a Beneficiary) under statue and regulation to protect its remainder interest.

Binding Effect of Trustees’ Determinations. The exercise or non-exercise of any discretionary power granted hereunder to the Trustee and all actions taken by the Trustee with respect to making distributions hereunder shall be final and binding upon all persons except to the extent that the exercise of such discretion shall limit the State of New Mexico’s ability (or the ability of any other state that has provided Medicaid assistance to a Beneficiary) under statue statute and regulation to protect its remainder interest.