Common use of Appointment as Authorized Representative and Delegation of Authority Clause in Contracts

Appointment as Authorized Representative and Delegation of Authority. Either Party may from time to time propose or update a written delegation of authority from TIH to Manager to (i) finalize and submit final applications and submittals for Governmental Approvals on behalf of TICD or the Property Owner Subsidiaries (as a co-Managing Member), and/or (ii) take other specified actions on behalf of TICD (or the Property Owner Subsidiaries) with respect to the Managed Improvements and/or the Managed Design or the Property Owner Subsidiaries (as a co-Managing Member) or with respect to matters under the TICD Operating Agreement (as a Member or as a co-Managing Member), which delegation of authority shall be subject to the Approval of the Parties (any such written delegation, including to the extent set forth in the TIH Submittals Protocols and the Payment Processing Deadlines and Protocols, as the same may be modified from time to time with the Approval of the Parties, a “Delegation of Authority”). Except to the extent set forth in a Delegation of Authority, TIH shall retain all authority to finalize and submit final applications and submittals for Governmental Approvals and execute and deliver all documents, instruments and agreements, including Project Contracts and Project Contract Modifications, with respect to the Managed Improvements, Managed Design and/or matters under the TICD Operating Agreement. If the Parties Approve a Delegation of Authority, TIH shall execute such powers of attorney or other documents reasonably required to evidence such Delegation of Authority, and Manager shall utilize efforts consistent with the Performance Standard to take all actions and execute and deliver all such documents, instruments and agreements, governed by such Delegation of Authority. Either Party shall have the right to terminate a Delegation of Authority upon delivery of prior written notice to the other Party. If Manager enters into any document, instrument or agreement on behalf of TIH pursuant to a Delegation of Authority, it shall execute such document, instrument or agreement as agent for TIH, and shall not assume any personal liability solely as a result of its execution of such document, instrument or agreement.

Appointment as Authorized Representative and Delegation of Authority. Either Party may from time to time propose or update a written delegation of authority from TIH CPHP to Manager to (i) finalize and submit final applications and submittals for Governmental Approvals on behalf of TICD CPHP (or the Property Owner Subsidiaries (as a co-Managing MemberSubsidiaries), and/or (ii) take other specified actions on behalf of TICD CPHP (or the Property Owner Subsidiaries) with respect to the Managed Improvements and/or the Managed Design or the Property Owner Subsidiaries (as a co-Managing Member) or with respect to matters under the TICD Operating Agreement (as a Member or as a co-Managing Member)Improvements, which delegation of authority shall be subject to the Approval of the Parties (any such written delegation, including to the extent set forth in the TIH CPHP Submittals Protocols and the Payment Processing Deadlines and Protocols, as the same may be modified from time to time with the Approval of the Parties, a “Delegation of Authority”). Except to the extent set forth in a Delegation of Authority, TIH CPHP shall retain all authority to finalize and submit final applications and submittals for Governmental Approvals and execute and deliver all documents, instruments and agreements, including Project Contracts and Project Contract Modifications, with respect to the Managed Improvements, Managed Design and/or matters under the TICD Operating Agreement. If the Parties Approve a Delegation of Authority, TIH CPHP shall execute such powers of attorney or other documents reasonably required to evidence such Delegation of Authority, and Manager shall utilize efforts consistent with the Performance Standard to take all actions and execute and deliver all such documents, instruments and agreements, governed by such Delegation of Authority. Either Party shall have the right to terminate a Delegation of Authority upon delivery of prior written notice to the other Party. If Manager enters into any document, instrument or agreement on behalf of TIH CPHP pursuant to a Delegation of Authority, it shall execute such document, instrument or agreement as agent for TIHCPHP, and shall not assume any personal liability solely as a result of its execution of such document, instrument or agreement.

Appointment as Authorized Representative and Delegation of Authority. Either Party may from time to time propose or update a written delegation of authority from TIH Lennar Concord to Manager to (i) finalize and submit final applications and submittals for Governmental Approvals on behalf of TICD or the Property Owner Subsidiaries (as a co-Managing Member)Lennar Concord, and/or (ii) take other specified actions on behalf of TICD (or the Property Owner Subsidiaries) Lennar Concord with respect to the Managed Improvements and/or the Managed Design or the Property Owner Subsidiaries (as a co-Managing Member) or with respect to matters under the TICD Operating Agreement (as a Member or as a co-Managing Member)Project, which delegation of authority shall be subject to the Approval of the Parties (any such written delegation, including to the extent set forth in the TIH Lennar Concord Submittals Protocols and the Payment Processing Deadlines and Protocols, as the same may be modified from time to time with the Approval of the Parties, a “Delegation of Authority”). Except to the extent set forth in a Delegation of Authority, TIH Lennar Concord shall retain all authority to finalize and submit final applications and submittals for Governmental Approvals and execute and deliver all documents, instruments and agreements, including Project Contracts and Project Contract Modifications, with respect to the Managed Improvements, Managed Design and/or matters under the TICD Operating AgreementEntitlements. If the Parties Approve a Delegation of Authority, TIH Lennar Concord shall execute such powers of attorney or other documents reasonably required to evidence such Delegation of Authority, and Manager shall utilize efforts consistent with the Performance Standard to take all actions and execute and deliver all such documents, instruments and agreements, governed by such Delegation of Authority. Either Party shall have the right to terminate a Delegation of Authority upon delivery of prior written notice to the other Party. If Manager enters into any document, instrument or agreement on behalf of TIH Lennar Concord pursuant to a Delegation of Authority, it shall execute such document, instrument or agreement as agent for TIHLennar Concord, and shall not assume any personal liability solely as a result of its execution of such document, instrument or agreement.

Appointment as Authorized Representative and Delegation of Authority. Either Party may from time to time propose or update a written delegation of authority from TIH HPS to Manager to (i) finalize and submit final applications and submittals for Governmental Approvals on behalf of TICD or the Property Owner Subsidiaries (as a co-Managing Member)HPS, and/or (ii) take other specified actions on behalf of TICD (or the Property Owner Subsidiaries) HPS with respect to the Managed Improvements and/or the and Managed Design or the Property Owner Subsidiaries (as a co-Managing Member) or with respect to matters under the TICD Operating Agreement (as a Member or as a co-Managing Member)Design, which delegation of authority shall be subject to the Approval of the Parties (any such written delegation, including to the extent set forth in the TIH HPS Submittals Protocols and the Payment Processing Deadlines and Protocols, as the same may be modified from time to time with the Approval of the Parties, a “Delegation of Authority”). Except to the extent set forth in a Delegation of Authority, TIH HPS shall retain all authority to finalize and submit final applications and submittals for Governmental Approvals and execute and deliver all documents, instruments and agreements, including Project Contracts and Project Contract Modifications, with respect to the Managed Improvements, Improvements and Managed Design and/or matters under the TICD Operating AgreementDesign. If the Parties Approve a Delegation of Authority, TIH HPS shall execute such powers of attorney or other documents reasonably required to evidence such Delegation of Authority, and Manager shall utilize efforts consistent with the Performance Standard to take all actions and execute and deliver all such documents, instruments and agreements, governed by such Delegation of Authority. Either Party shall have the right to terminate a Delegation of Authority upon delivery of prior written notice to the other Party. If Manager enters into any document, instrument or agreement on behalf of TIH HPS pursuant to a Delegation of Authority, it shall execute such document, instrument or agreement as agent for TIHHPS, and shall not assume any personal liability solely as a result of its execution of such document, instrument or agreement.