No Fettering Clause Samples
The No Fettering clause ensures that a party, typically a public authority or governmental body, does not restrict or limit its future ability to exercise its statutory powers or duties. In practice, this means that even if the party enters into a contract, it retains the right to make decisions or take actions as required by law, regardless of any contractual obligations. This clause is essential for maintaining the legal autonomy of public bodies, preventing contracts from unlawfully constraining their statutory responsibilities or decision-making powers.
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No Fettering. Nothing contained in this document or contemplated by this document has the effect of constraining the Principal or placing any ▇▇▇▇▇▇ on the Principal’s discretion to exercise or not to exercise any of its statutory rights, duties, powers or functions. Except where this document expressly states otherwise, a party may, in its discretion, give conditionally or unconditionally or withhold any approval or consent under this document.
No Fettering. Nothing in this Agreement is to be construed as interfering with, or fettering in any manner, the exercise by British Columbia or its agencies of any statutory, prerogative, executive or legislative power or duty.
No Fettering. Nothing in this Agreement will be interpreted in a way that ▇▇▇▇▇▇▇ the discretion given to any Provincial Official in an enactment.
No Fettering. Nothing in this agreement will be construed as limiting or fettering in any way the exercise (or failure to exercise) by the Department (or any of its Representatives or delegates) of any discretion or the making of a decision or subordinate legislation under any law by the State of Queensland and its Representatives.
No Fettering. This Agreement does not ▇▇▇▇▇▇ the discretion of any decision maker or other decision-making authority.
No Fettering. For greater certainty, nothing in this Agreement ▇▇▇▇▇▇▇ the discretion of any Minister or the Lieutenant Governor in Council in any way, including but not limited to, any discretion in respect of legislation or a regulation or any discretion in respect of approval of the Amended RMOW OCP.
No Fettering. Nothing in this Agreement is to be construed as fettering in any manner, the exercise of any statutory, prerogative, executive or legislative power or duty.
No Fettering. Nothing in this Agreement will be interpreted in a way that would affect or unlawfully interfere with any legislative authority of the Province or ▇▇▇▇▇▇ the discretion given to any decision-making authority.
No Fettering. Nothing in this Agreement will be interpreted in a way that would affect or unlawfully interfere with any legislative authority of the provincial government of British Columbia or ▇▇▇▇▇▇ the discretion given to any decision-making authority.
No Fettering. Nothing in this AMA Agreement shall in any manner whatsoever ▇▇▇▇▇▇ the legislative and regulatory power and authority of the Government of the Province of Alberta and/or the Minister of Health. The provisions of this Schedule apply to the financial matters discussed in subsection 5(b) and 5(c) of this AMA Agreement excepting those financial matters concerning the plans and programs described in paragraph 3(a)(iv) of this AMA Agreement (the “Financial Matters”):
1. The Initial Financial Term will expire as of the end of business on March 31, 2018 (the “Expiry Date”).
(a) Not earlier than one year prior to the Expiry Date and not later than six months prior to the Expiry Date, either party may serve notice upon the other party of its desire to commence negotiations (the “Notice”); and
(b) The Notice must provide details of the Financial Matters to be negotiated.
3. The parties will conduct good faith discussions/negotiations for a period of not less than three months from the date the Notice is received. The period of three months may be extended by written agreement of the parties (the “Time for Negotiations”).
4. If the parties have not reached agreement on a new financial deal during the Time for Negotiations, then either party may activate the applicable provisions of Schedule 5 - Dispute Resolution.
5. The provisions of this Schedule will apply, from time to time, to all subsequent financial negotiations arising from the expiry of successive financial deals during the Evergreen Term of this AMA Agreement.
6. After all successful negotiations (if any) of a replacement financial deal as contemplated by this Schedule 1 or after the binding arbitration process described in Schedule 5 has been utilized and has been completed with the issuance of an award by the arbitral tribunal, AH will prepare and the parties will sign and deliver a written amending agreement which:
(a) records the Annual Increase(s), the Financial Term and the fiscal/budget year(s) for the purposes of subsection 5(b) of this AMA Agreement;
(b) records any changes to subsection 5(c) of this AMA Agreement; and
(c) records the new “Expiry Date” for the purpose of paragraph of this Schedule 1.
1. The provisions of this Schedule apply to:
(a) the Physician Assistance Programs described in paragraph 3(a)(iv) of this AMA Agreement;
(b) the Prices associated with any or all of the Physician Assistance Programs; and
(c) the extension or extensions of the initial term described in subsection 6(b) ...