Common use of Delivery of Operating Budget Clause in Contracts

Delivery of Operating Budget. On or prior to [***] of each year, the Operator shall deliver a draft annual Operating Budget for the following year to each of the Representatives, which Representatives will have [***] Days to provide comments (the “Comment Deadline”) on such draft annual Operating Budget (such comments, the “Representative Budget Comments”). The Operator shall make a good faith effort to respond to, and incorporate into such draft annual Operating Budget, the Representative Budget Comments and shall deliver to each of the Representatives the final annual Operating Budget for the following year on or before [***] (the “December Deadline”) of each year; provided, however, that, if the board of directors of the Operator has not convened to approve the annual Operating Budget by [***] of a given year, then the December Deadline shall be extended to [***] of such year; provided, further, that, if the meeting of the board of directors of the Operator to approve the annual Operating Budget is scheduled prior to the Comment Deadline, the Operator shall promptly notify the Representatives in writing of the date and time of such meeting (but no less than [***] Business Days in advance of such meeting), and the Representatives shall use reasonable efforts to provide the Representative Budget Comments in advance of such meeting. The Operator and the Representatives shall work together in good faith to cause the Operating Budget to be approved by [***] of such year.

Delivery of Operating Budget. On Unless provided otherwise in the Series B COM Agreement, on or prior to [***] of each year, the Operator under the Series B COM Agreement shall deliver a draft annual Operating Budget Budget(s) for Series B for the following year to each of the RepresentativesRepresentatives of the Series B Management Committee Members, which Representatives will have [***] Days to provide comments (the “Series B Comment Deadline”) on such draft annual Operating Budget Budgets (such comments, the “Series B Representative Budget Comments”). The Such Operator shall make a good faith effort to respond to, and incorporate into such draft annual Operating BudgetBudgets prepared by such Operator, the Series B Representative Budget Comments and shall deliver to each of the such Representatives the final annual Operating Budget Budgets prepared by such Operator for the following year on or before [***] (the “Series B December Deadline”) of each year; provided, however, that, if the board of directors of the such Operator has not convened to approve the such annual Operating Budget Budgets by [***] of a given year, then the Series B December Deadline shall be extended to [***] of such year; provided, further, that, if the meeting of the board of directors of the such Operator to approve the such annual Operating Budget Budgets is scheduled prior to the Comment Deadline, the Operator shall promptly notify the Representatives in writing of the date and time of such meeting (but no less than [***] Business Days in advance of such meeting), and the Representatives shall use reasonable efforts to provide the Representative Budget Comments in advance of such meeting. The Operator and the Representatives shall work together in good faith to cause the Operating Budget to be approved by [***] of such year.the

Delivery of Operating Budget. On Unless provided otherwise in the Series B COM Agreement, on or prior to [***] of each year, the Operator under the Series B COM Agreement shall deliver a draft annual Operating Budget Budget(s) for Series B for the following year to each of the RepresentativesRepresentatives of the Series B Management Committee Members, which Representatives will have [***] Days to provide comments (the “Series B Comment Deadline”) on such draft annual Operating Budget Budgets (such comments, the “Series B Representative Budget Comments”). The Such Operator shall make a good faith effort to respond to, and incorporate into such draft annual Operating BudgetBudgets prepared by such Operator, the Series B Representative Budget Comments and shall deliver to each of the such Representatives the final annual Operating Budget Budgets prepared by such Operator for the following year on or before [***] (the “Series B December Deadline”) of each year; provided, however, that, if the board of directors of the such Operator has not convened to approve the such annual Operating Budget Budgets by [***] of a given year, then the Series B December Deadline shall be extended to [***] of such year; provided, further, that, if the meeting of the board of directors of the Operator to approve the annual Operating Budget is scheduled prior to the Comment Deadline, the Operator shall promptly notify the Representatives in writing of the date and time of such meeting (but no less than [***] Business Days in advance of such meeting), and the Representatives shall use reasonable efforts to provide the Representative Budget Comments in advance of such meeting. The Operator and the Representatives shall work together in good faith to cause the Operating Budget to be approved by [***] of such year.Operator