EXERCISE OF JUDGMENT Sample Clauses

EXERCISE OF JUDGMENT. In providing services hereunder which require the exercise of judgment by Servicer, Servicer shall perform any such service in accordance with standards and guidelines the Company develops and communicates to Servicer. In performing any services hereunder, Servicer shall at all times act in a manner reasonably calculated to be in or not opposed to the best interests of the Company.
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EXERCISE OF JUDGMENT. In providing services which require the exercise of judgment by Distributor, Distributor shall perform any such service in accordance with standards and guidelines JNLIC-NY develops and communicates to Distributor. In performing any services hereunder, Distributor shall at all times act in a manner reasonably calculated to be in or not opposed to the best interests of JNLIC-NY.
EXERCISE OF JUDGMENT. In providing services which require the exercise of judgment by NISC, NISC shall perform any such service in accordance with standards and guidelines JNLIC-NY develops and communicates to NISC. In performing any Services hereunder, NISC shall at all times act in a manner reasonably calculated to be in or not opposed to the best interests of JNLIC-NY.
EXERCISE OF JUDGMENT. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, SO LONG AS THE JUDGMENTS MADE BY MANAGER IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES PROVIDED BY MANAGER UNDER THIS AGREEMENT ARE MADE IN GOOD FAITH AND MANAGER HAS NOT COMMITTED ACTS OF FRAUD, WILLFUL MISCONDUCT, OR A BREACH OF ANY MATERIAL PROVISION OF THIS AGREEMENT, IN NO EVENT WILL MANAGER BE RESPONSIBLE FOR ANY ERRORS IN JUDGMENT BY MANAGER IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES PROVIDED BY MANAGER UNDER THIS AGREEMENT.
EXERCISE OF JUDGMENT. Each party shall provide all services under this Agreement in accordance with prudent business judgement and pursuant to standards generally prevailing in the insurance and investment advisory industries at the time, or such stricter standards as the other party may direct in writing.

Related to EXERCISE OF JUDGMENT

  • Non-Exercise of Rights 31.1. Either Party’s failure to seek redress for violations, or to insist upon strict performance, of any condition or provision of this Agreement, or its failure to exercise any or part of any of right or remedy to which that Party is entitled under this Agreement, shall not constitute an implied waiver thereof.

  • Exercise of Rights No failure or delay on the part of any party to exercise any right, power or privilege under this Agreement and no course of dealing between the Seller and the Purchaser shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Except as set forth in Section 6(h) of this Agreement, the rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which any party would otherwise have pursuant to law or equity. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in similar or other circumstances, or constitute a waiver of the right of either party to any other or further action in any circumstances without notice or demand.

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