Retained Authority. The Board shall retain the authority to adopt reasonable policies in accordance with applicable law relative to anything necessary for the proper establishment, maintenance, management, and operation of the School.
Retained Authority. The Board shall retain the authority to make reasonable regulations relative to anything necessary for the proper establishment, maintenance, management, and operation of the ACADEMY, including, without limitation, regulations relative to the conduct of students while in attendance at the ACADEMY or en route to and from the ACADEMY.
Retained Authority. The Company shall at all times retain the ultimate responsibility for the operation of the Business and, except as delegated to BDEC herein or by resolution of Company's managers, shall retain the authority and power and to make all decisions with respect to its assets and rights.
Retained Authority. The Employer retains the right to take any discretionary action or make any discretionary decisions permitted or required to be taken under the Plan by the Employer, any designated Plan Administrator, and/or the delegates of either the Employer or such Plan Administrator. The Employer acknowledges that Security Benefit has only undertaken to perform the non-discretionary services specified in this Agreement, so that any other action permitted or required to be taken under the Plan may be taken by the Employer or such other person as the Employer may designate.
Retained Authority. The City Council of the City and the Board of County Commissioners of the County retain all administrative, legislative and decision-making authority as provided by state law with respect to the matters of planning, land-use regulation, program development and fund administration.
Retained Authority. (a) Nothing herein is intended or shall be construed to relieve the Company of ultimate responsibility for compliance with all applicable Law or the terms of the Administered Contracts. [The governing authority of Company shall be responsible for the establishment and oversight of Company’s policies, management and overall operation, regardless of the existence of this Administrative Services Agreement or any other management contract.]3 2 This provision is found only in the Administrative Services Agreement of Health Net of New York, Inc. 3 This provision is found only in the Administrative Services Agreement of Health Net of New York, Inc.
Retained Authority. The City Council of the City of Missoula and the Board of County Commissioners of the County of Missoula retain all administrative, legislative and decision-making authority as provided by State state law with respect to the matters of planning, land-use regulation, program development and fund administration.
Retained Authority. 5.1 STRATEGIC AND OPERATIONAL PLANNING
Retained Authority. Investors shall retain the exclusive right and authority to set Investors’ IT strategy and to determine, alter, and define any or all of Investors’ requirements or business processes. Recognizing that ODCS only supports a standard platform, subject to Section 9 of this Agreement, IBM will inform Investors in advance of planned changes to the ODCS environment. However, Investors shall also have the right to approve or reject any and all proposed decisions regarding Investors’ infrastructure design, technical platform, architecture, and standards and, will have the right and authority to cause Provider at any time to change any or all of the foregoing, subject to the change management procedure described in Section 7.4 of this Agreement. To the extent that Provider can demonstrate that a particular exercise of Investors’ rights and authorities as stated in this Section may interfere with or degrade Provider’s provision of the Services or have a materially detrimental impact on Provider’s cost of providing the Services or time for delivery of the Services, the Parties shall mutually agree to any proposed exercise of such right or authority pursuant to the change management procedure to be mutually agreed pursuant to this Agreement, prior to the implementation thereof. Provider shall actively participate in any of the foregoing as Investors requests. Investors shall consult with Provider to inform Provider of significant changes in Investors’ IT strategy and changes in its requirements and business processes relating to the Services. Provider shall also provide Investors with advice, information, and assistance in identifying and defining IT projects and future IT requirements to meet Investors’ objectives. Without limiting the generality of the foregoing and, subject to the change management procedure described above, Investors shall retain authority, discretion, and rights of approval for the following IT activities.
Retained Authority. For the avoidance of doubt, Client shall at all times retain and have the exclusive right and authority to promulgate Client Policies, including: (i) determine, define, and establish Client’s business processes and related requirements, as well as Client’s business, management, and operational strategies; (ii) define, control, and modify, as Client deems appropriate from time to time, Client’s technology architecture, platform, and infrastructure; (iii) manage approval limits with respect to denial and administrative adjustments; and (iv) maintain full control over decisions and actions on all claims involved in or prior related to settlements (in the event Client settles with payer for an amount less than Ensemble negotiates and confirms in writing with payor, Client will pay Ensemble fees based on such Ensemble negotiated settlement amount), official corrective actions, Corporate CIAs, civil or criminal penalties, and sanctions. Subject to Section 2.2 and, if applicable, the Parties’ agreement on a Change Order ([***]), Ensemble shall at all times provide the Services in a manner consistent with and in compliance with Client Policies. Client shall provide Ensemble with notice of any modifications or additions to Client Policies by sending such modifications or additions to Ensemble in accordance with the process established in governance. Ensemble shall cooperate with Client, and provide Client with advice, information, and assistance, in identifying and defining projects outside the then-current scope of the Services, but related to the Services, that would reasonably be expected to be beneficial to Client. AMENDED AND RESTATED MASTER SERVICES AGREEMENT
