Discretion of Administrator Sample Clauses

Discretion of Administrator. At the sole discretion of the Administrator, the exercisability of the Options shall accelerate and become fully exercisable.
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Discretion of Administrator. The Settlement Administrator shall have discretion to make minor, non-substantive revisions to the format of the Class Notice in a reasonable manner to reduce Settlement Administrative Expenses, including, but not limited to, mailing expenses. Prior to the commencement of the Class Notice period, the Settlement Administrator shall provide Class Counsel and the Cruise Defendants’ Counsel a proof copy of any and all Class Notices for the purposes to inspect same for compliance with the terms of this Agreement and with the Preliminary Approval Order with reasonably sufficient time for Class Counsel and/or Cruise Defendants’ Counsel to provide comments on the proof copy of any and all Class Notices. The Settlement Administrator shall have discretion to identify fraudulent claims to bring such concerns to the attention of counsel for all parties with a recommendation as to how to address or rectify.
Discretion of Administrator. Notwithstanding anything contained in this Agreement to the contrary, the Administrator, in its sole discretion, may accelerate the vesting with respect to the Restricted Stock granted under this Agreement, at such times and upon such terms and conditions as the Administrator shall determine.
Discretion of Administrator. The Administrator (or its delegate, such as the Recordkeeper) for this Plan has the sole and absolute discretionary authority to perform its duties in connection with the Plan. The Administrator’s decisions made in good faith will be conclusive and binding on all persons, including but not limited to any Employee, Dependent, or Beneficiary. Decisions will be made in accordance with the governing Plan documents and Code Section 125 and, where appropriate, Plan provisions will be applied consistently with respect to similarly situated claimants in similar circumstances. The Administrator will have the discretion to determine which claimants are similarly situated in similar circumstances.
Discretion of Administrator. The Administrator may, on behalf of the Plan, take whatever action is necessary to enforce the Plan’s lien on any overpayments. The Administrator has sole discretion to choose the method for enforcing the Plan’s lien. These methods include, without limitation, the Plan’s recoupment of the overpayment from future benefit payments and a court action seeking imposition of a constructive trust and disgorgement of the overpaid Plan benefits plus interest or any other claim to recover Plan Assets under any applicable law. The Administrator has discretion not to pursue a de minimis lien on behalf of the Plan if the Administrator determines it would be in the best interest of the Plan.
Discretion of Administrator. The Settlement Administrator shall have discretion to make minor, non-substantive revisions to the format of the Class Notice in a reasonable manner to reduce Settlement Administrative Expenses, including, but not limited to, mailing expenses. Prior to the commencement of the Class Notice period, the Parties shall proof a copy of the Class notice for the purposes to inspect same for compliance with the terms of this Agreement and with the Preliminary Approval Order with reasonably sufficient time for Class Counsel and/or Cruise Defendants’ Counsel to provide comments on the proof copy of any and all Class Notices. The Settlement Administrator shall also have discretion to identify fraudulent claims to bring such concerns to the attention of counsel for all Parties with a recommendation as to how to address or rectify.

Related to Discretion of Administrator

  • Selection of Administrator The Parties have jointly selected CPT Group, Inc. to serve as the Administrator and verified that, as a condition of appointment, CPT Group, Inc. agrees to be bound by this Agreement and to perform, as a fiduciary, all duties specified in this Agreement in exchange for payment of Administration Expenses. The Parties and their Counsel represent that they have no interest or relationship, financial or otherwise, with the Administrator other than a professional relationship arising out of prior experiences administering settlements.

  • Duties of Administrator Subject to the policies and direction of the Trust’s Board of Trustees (“Trustees”), the Administrator shall provide, or cause to be furnished by others, the fund accounting, administrative, and other services reasonably necessary for the operation of the Trust and Fund as set forth in Exhibit A, attached hereto and made a part hereof. The Administrator shall exercise reasonable customary care in the performance of its duties under this Agreement.

  • Engagement of Administrator The Issuer and the Owner Trustee engage the Administrator to perform the obligations of the Issuer and the Owner Trustee under the Transaction Documents as described in this Agreement, and the Administrator accepts the engagement.

  • RESPONSIBILITY OF ADMINISTRATOR EIS shall not be liable for any error of judgment or mistake of law or for any loss suffered by the Trust in connection with the matters to which this Agreement relates, except a loss resulting from willful misfeasance, bad faith or gross negligence on its part in the performance of its duties or from reckless disregard by it of its obligations and duties under this Agreement. EIS shall be entitled to rely on and may act upon advice of counsel (who may be counsel for the Trust) on all matters, and shall be without liability for any action reasonably taken or omitted pursuant to such advice. Any person, even though also an officer, director, partner, employee or agent of EIS, who may be or become an officer, trustee, employee or agent of the Trust, shall be deemed, when rendering services to the Trust or acting on any business of the Trust (other than services or business in connection with the duties of EIS hereunder) to be rendering such services to or acting solely for the Trust and not as an officer, director, partner, employee or agent or one under the control or direction of EIS even though paid by EIS.

  • Removal of Administrator So long as any Notes are Outstanding, the Issuer shall not remove the Administrator without cause unless the Rating Agency Condition shall have been satisfied in connection with such removal.

  • Appointment of Administrator Each Trust hereby appoints EIS as Administrator of the Trust and each of its series listed on SCHEDULE A attached hereto on the terms and conditions set forth in this Agreement; and EIS hereby accepts such appointment and agrees to perform the services and duties set forth in Section 2 of this Agreement in consideration of the compensation provided for in Section 4 hereof.

  • Employment of Administrator The Company hereby employs the Administrator to act as administrator of the Company, and to furnish, or arrange for others to furnish, the administrative services, personnel and facilities described below, subject to review by and the overall control of the Board of Directors of the Company (the “Board”), for the period and on the terms and conditions set forth in this Agreement. The Administrator hereby accepts such employment and agrees during such period to render, or arrange for the rendering of, such services and to assume the obligations herein set forth subject to the reimbursement of costs and expenses provided for below. The Administrator and such others shall for all purposes herein be deemed to be independent contractors and shall, unless otherwise expressly provided or authorized herein, have no authority to act for or represent the Company in any way or otherwise be deemed agents of the Company.

  • Liability of Administrator Notwithstanding any provision of this Agreement, the Administrator shall not have any obligations under this Agreement other than those specifically set forth herein, and no implied obligations of the Administrator shall be read into this Agreement. Neither the Administrator nor any of its directors, officers, agents or employees shall be liable for any action taken or omitted to be taken in good faith by it or them under or in connection with this Agreement, except for its or their own negligence or willful misconduct and in no event shall the Administrator be liable under or in connection with this Agreement for indirect, special or consequential losses or damages of any kind, including lost profits, even if advised of the possibility thereof and regardless of the form of action by which such losses or damages may be claimed. Without limiting the foregoing, the Administrator may (a) consult with legal counsel (including counsel for the Issuer), independent public accountants and other experts selected by it and shall not be liable for any action taken or omitted to be taken in good faith by it in accordance with the advice of such counsel, accountants or experts and (b) shall incur no liability under or in respect of this Agreement by acting upon any notice (including notice by telephone), consent, certificate or other instrument or writing (which may be by facsimile) believed by it to be genuine and signed or sent by the proper party or parties.

  • Administrator The Trustees may in their discretion from time to time enter into one or more contracts whereby the other party or parties shall undertake to furnish the Trust with administrative services. The contract or contracts shall be on such terms and conditions as the Trustees may in their discretion determine.

  • COMPENSATION OF ADVISER The Manager will pay the Adviser an advisory fee with respect to the Allocated Portion as specified in Appendix A to this Agreement. Payments shall be made to the Adviser on or about the fifth day of each month; however, this advisory fee will be calculated daily for the Allocated Portion based on the net assets of the Allocated Portion on each day and accrued on a daily basis.

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