Common use of Business Judgment Clause in Contracts

Business Judgment. The parties hereto recognize, and any mediator or judge is affirmatively advised, that certain provisions of this Agreement describe the right of Licensor to take (or refrain from taking) certain actions in the exercise of its assessment of the long-term best interests of hotels using the System, considering the interests of the System overall. Where such decisions have been taken by Licensor and are supported by the business judgment of Licensor, neither a mediator nor a judge nor any other person reviewing such decisions shall substitute his, her or its judgment for the judgment so exercised by Licensor.