No Discretion. Notwithstanding anything else to the contrary herein, whenever reference is made in this Agreement to any discretionary action by, consent, designation, specification, requirement or approval of, notice, request or other communication from, or other direction given or action to be undertaken or to be (or not to be) suffered or omitted by the Collateral Agent or to any election, decision, opinion, acceptance, use of judgment, expression of satisfaction, reasonable satisfaction or other exercise of discretion, rights or remedies to be made (or not to be made) by the Collateral Agent, it is understood that in all cases the Collateral Agent shall be fully justified in failing or refusing to take any such action under this Agreement if it shall not have received such written instruction, advice or concurrence of the Administrative Agent, as it deems appropriate. This provision is intended solely for the benefit of the Collateral Agent and its successors and permitted assigns and is not intended to and will not entitle the other parties hereto to any defense, claim or counterclaim, or confer any rights or benefits on any party hereto.
No Discretion. The Escrow Agent may act through agents or attorneys-in-fact, by and under a power of attorney duly executed by the Escrow Agent in carrying out any of the powers and duties pursuant to this Escrow Agreement, subject to clause (b) of Section 6.05(a) hereof. The Escrow Agent shall not be required to exercise any discretion hereunder.
No Discretion. Wilshire and the Adviser acknowledge and agree that Wilshire is not providing discretionary investment advice to the Adviser or the Funds, has no authority with respect to the Funds, and the Adviser is solely responsible for the implementation of the Funds' investment program.
No Discretion. Milliman and the Adviser acknowledge and agree that (i) Milliman is not providing discretionary investment advice to the Adviser or the Funds; (ii) Milliman has no advisory authority with respect to the Funds; and (iii) the Adviser is solely responsible for the implementation of the Funds' investment program.
No Discretion. The Master Custodial Administration Agreement Administrator shall have no discretionary control over, or any other discretion regarding, the investment of the Master Custodial Account or the administration of the Participating Plan. The Employer hereby instructs the Master Custodial Administration Agreement Administrator to act solely in accordance with instructions received from the Employer, the Plan Administrator, the Investment Manager, or other authorized person, as the case may be, with respect to the investment of the assets held in the Custodial Account and the administration of the Participating Plan. To the extent permitted by applicable law, the Master Custodial Administration Agreement Administrator shall have
No Discretion. In any circumstance where the Collateral Agent is required to exercise discretion, approve documentation or distribute proceeds under any Related Document, the Collateral Agent may, at its option, seek to obtain instructions or directions with respect to such action. If the Collateral Agent so elects, then it may refrain from taking such action until such directions or instructions are received from the Required Holders and shall have no liability to the Guaranteed Parties or Guarantors for so refraining. In no case shall the Collateral Agent be obligated to expend or risk its own funds or otherwise to incur any financial liability in the performance of its duties hereunder.
No Discretion. 除法規另有規定或雙方另有約定外，受託人對信託投資不提供諮詢、建議，亦不提供受託人有運用決定權之信託管理。所有信託帳戶下之投資決定悉由委託人單獨作成。 Unless otherwise provided by law or agreed by the parties, the Trustee does not render advice, make recommendations or offer discretionary trust management of trust investments. All investment decisions under the Trust Account shall be made solely by the Trustor.
No Discretion. In any circumstance where the Trustee is required to exercise discretion, approve documentation or distribute proceeds under any document, the Trustee may, at its option, seek to obtain instructions or directions from the Company with respect to such action. If the Trustee so elects, then it may refrain from taking such action until such directions or instructions are received and shall have no liability for so refraining.
No Discretion. Unless otherwise expressly provided in this Agreement, or required by the Code or Regulations the TMP shall act (or refrain from acting) on behalf of the Company in accordance with the directions of the Management Committee, and shall-make no election, declaration or statement, settle or compromise any audit matter or dispute, or execute or file any tax return, tax filing or other document on behalf of the Company without the prior approval of the Management Committee. (e)
No Discretion. The Master Custodial Administration Agreement Administrator shall have no discretionary control over, or any other discretion regarding, the investment of the Master Custodial Account or the administration of the Participating Plan. The Employer hereby instructs the Master Custodial Administration Agreement Administrator to act solely in accordance with instructions received from the Employer, the Plan Administrator, the Investment Manager, or other authorized person, as the case may be, with respect to the investment of the assets held in the Custodial Account and the administration of the Participating Plan. To the extent permitted by applicable law, the Master Custodial Administration Agreement Administrator shall have (a) no duty or obligation to review any investment to be acquired, held or disposed of pursuant to proper instructions or to make any recommendation with respect to the acquisition, disposition or continued retention of any investment, and (b) no liability or responsibility for following any such direction, or failing to act in the absence of any such direction.