Common use of Approval and Authorization for Work Clause in Contracts

Approval and Authorization for Work. A. Prior to any repair, maintenance, replacement or reconstruction of the lake, for which the respective owners, grantees, successors and/or assigns of Tracts 4 and 5 will be in part responsible, an estimate shall be obtained by the owner desiring such repair, maintenance, construction or reconstruction and submitted to the other owner for their review. If the other owner is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. B. In the event of any bona fide emergency, as hereinafter defined, a Tract owner may contract for repairs to be performed without prior notice to the other owner and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation (i) requiring immediate remediation to alleviate a safety condition which has the immediate potential to cause personal injury or property damage; or (ii) where a state, county, federal or other governmental entity having jurisdiction over the lake orders action be taken. C. The foregoing notwithstanding, so long as the Developer owns any of Tracts 4 or 5, it shall be entitled to perform, or have performed, any repair, maintenance, replacement or reconstruction of the lake in its sole discretion, and the owner of the other Tract shall be responsible for its respective shares of such costs.

Approval and Authorization for Work. A. Prior to any repair, maintenance, replacement or reconstruction of the lake, for which the respective owners, grantees, successors and/or assigns of Tracts 4 16 and 5 17 will be in part responsible, an estimate shall be obtained by the owner desiring such repair, maintenance, construction or reconstruction and submitted to the other owner for their review. If the other owner is dissatisfied with such estimate, then no work shall be commenced for thirty (30) days following delivery of the initial estimate, during which period the dissatisfied owner shall have the right to obtain additional estimates from reputable contractors. At the end of the thirty (30) day period, the owners shall execute a contract based on the lowest estimate obtained. B. In the event of any bona fide emergency, as hereinafter defined, a Tract owner may contract for repairs to be performed without prior notice to the other owner and such contract shall be binding upon all owners, the same as if executed by or contracted by all owners. An emergency for purposes of this Declaration shall be defined as a situation (i) requiring immediate remediation to alleviate a safety condition which has the immediate potential to cause personal injury or property damage; or (ii) where a state, county, federal or other governmental entity having jurisdiction over the lake orders action be taken. C. The foregoing notwithstanding, so long as the Developer owns any of Tracts 4 16 or 517, it shall be entitled to perform, or have performed, any repair, maintenance, replacement or reconstruction of the lake in its sole discretion, and the owner of the other Tract shall be responsible for its respective shares of such costs.