Discretion in Application

Goldfarb retains discretion to interpret and apply this policy in a manner that is not clearly unreasonable, even if Goldfarb’s interpretation or application differs from the interpretation of the parties.

Despite Goldfarb’s reasonable efforts to anticipate all eventualities in drafting this policy, it is possible unanticipated or extraordinary circumstances may not be specifically or reasonably addressed by the express policy language, in which case Goldfarb retains discretion to respond to the unanticipated or extraordinary circumstance in a way that is not clearly unreasonable.

The provisions of this policy and the Hearing Procedures referenced in Section XVII.A.5 are not contractual in nature, whether in their own right, or as part of any other express or implied contract. Accordingly, Goldfarb retains discretion to revise this policy and the Hearing Procedures at any time, and for any reason. Goldfarb may apply policy revisions to an active case provided that doing so is not clearly unreasonable.