Design and Construction Budgets. STWC, with the assistance and input of the architect, shall submit to COPR proposed budgets (collectively, the "Development Budget") for all Construction and Development Costs, and related costs which may be identified, prior to the commencement of design by any design consultants. The final Development Budget shall be subject the approval of both STWC and COPR. The Development Budget shall reflect planned phasing, if any. STWC, may after notice and approval by COPR, revise the aggregate Development Budget from time to time, as necessary and appropriate, to reflect any unpredicted changes, variables or events or to include additional and unanticipated Reimbursable Project Costs. STWC may, in its reasonable discretion, reallocate part or all of the amount budgeted with respect to any line item to another line item and to make such other modifications to the Development Budget as STWC deems necessary and appropriate, provided that: (i) the cumulative modifications of the Development Budget for all Construction and Development Costs shall not, without COPR's prior approval, exceed the approved aggregate Development Budget by more than ten percent (10%) and (ii) such reallocations or modifications do not otherwise conflict with the terms of this Agreement. Notwithstanding the preceding sentences, STWC shall have the limited right to make expenditures in excess of the Development Budget where, in the reasonable opinion of STWC, with the concurrence of COPR, such expenditure is necessary on an emergency basis to protect the Project or the interests of COPR and there is not sufficient time to notify COPR or obtain COPR's approval, and such expenditures shall be deemed Reimbursable Project Costs.
Design and Construction Budgets conflict with the terms of this Agreement. Approved Development Budget adjustments which otherwise vary from the terms of the Agreement, shall, in addition to requiring Lakes's approval, require the approval of the Pokagon Council. The Band acknowledges that the Approved Development Budget is intended only to be a reasonable estimate of Project costs, subject, however, to the provisions of ss. 5.8 with regard to cost overruns.
Design and Construction Budgets. KAR, with the assistance and input of the Architect, shall submit to the Tribal Council, proposed budgets (collectively the "Development Budget") for designing, constructing, furnishing and equipping the Gaming Facility, including the Temporary Gaming Facility, if any, and related costs which may be identified, prior to the commencement of design by the Architect. The Development Budget shall reflect planned phasing, if any. KAR may, after notice to and approval by the Tribal Council, revise the aggregate Development Budget from time-to-time, as necessary or appropriate to reflect any unpredicted changes, variables or events or to include additional and unanticipated Project costs. KAR may, at its sole discretion after notice to and approval by the Tribal Council, reallocate part or all of the amount budgeted with respect to any line item to another line item and to make such other modifications to the Development budget as KAR deems necessary or appropriate, provided that: (i) the cumulative modifications of the Development Budget for all Design Packages shall not, without KAR's prior approval and the Tribal Council's prior approval, exceed the approved aggregate Development Budget, and (ii) such modifications do not otherwise conflict with the terms of this Agreement shall. Development Budget adjustments which otherwise vary from the terms of the Agreement shall, in addition to requiring KAR's approval require the approval of the Tribal Council. SHINGLE SPRINGS acknowledges that the Development Budget is intended only to be a reasonable estimate of Project costs.
Design and Construction Budgets. Developer, subject to the approval of the Construction Committee, shall establish budgets (collectively the "Development Budget") for designing, constructing, furnishing and equipping Phase I of the Facility and related costs. Developer may, after notice to and approval by the Tribal Council, revise the aggregate Development Budget from time-to-time, as necessary or appropriate, to reflect any unpredicted changes, variables or events or to include additional modifications to the design of the Facility requested and/or approved by the Tribal Council. Developer may, after notice to and approval of the Construction Committee, not to be unreasonably withheld, reallocate part or all of the amount budgeted with respect to any line item to another line item and to make such other modifications to the Development Budget as Developer deems necessary or appropriate, provided that: (i) the cumulative modifications of the Development Budget shall not, without the Tribal Council's prior approval, exceed the approved aggregate Development Budget, and (ii) do not otherwise conflict with the terms of this Agreement. Development Budget adjustments which otherwise vary from the terms of this Agreement shall require the approval of both the Tribal Council and Developer. The Developer guarantees to the Tribe that, once the final Development Budget has been accepted and approved by the Tribal Council, the total cost of the Project shall not exceed the aggregate amount of the Development Budget as a result of cost overruns or delays caused by the management and supervision of the Project by Developer, and the Developer agrees that the quality of the construction or furnishings shall not be sacrificed in order to maintain the cost of the Project within the aggregate approved Development Budget. This guaranty shall not apply to cost overruns related to force majeure events or unforeseen site conditions.
Design and Construction Budgets. MANAGER, with the assistance and input of the Architect, shall submit to the Board, proposed budgets (collectively the “Development Budget”) for designing, constructing, furnishing and equipping the Gaming Facility, including the Temporary Gaming Facility, if any, and related costs which may be identified, prior to the commencement of design by the Architect. The Development Budget shall reflect planned phasing, if any. MANAGER may, after notice to and approval by the Board, revise the aggregate Development Budget from time-to-time, as necessary or appropriate to reflect any unpredicted changes, variables or events or to include additional and unanticipated Project costs. MANAGER may, after notice to and approval by the Board, reallocate part or all of the amount budgeted with respect to any line item to another line item and to make such other modifications to the Development budget as MANAGER deems necessary or appropriate, provided that: (i) the cumulative modifications of the Development Budget for all Design Packages shall not, without MANAGER’s prior approval and the Board’s prior approval, exceed the approved aggregate Development Budget, and (ii) such modifications do not otherwise conflict with the terms of this Agreement. Development Budget adjustments which otherwise vary from the terms of the Agreement shall, in addition to requiring MANAGER’s approval require the approval of the Board. The Board acknowledges that the Development Budget is intended only to be a reasonable estimate of Project costs.
Design and Construction Budgets. Lakes, with the assistance and input of the Architect and subject to the approval of the Pokagon Council, shall establish a preliminary Development Budget (the "Preliminary Development Budget") for designing, constructing, furnishing and equipping the Facility and related costs and Development Expenditures. The Preliminary Development Budget, as approved by the Pokagon Council and as it may be amended with the approval of the Pokagon Council, is referred to as the "Approved Development Budget." The Approved Development Budget shall reflect planned phasing, if any; but the initial phase of the Project shall include, at a minimum, the Initial Scope of Work except as provided in ss.
Design and Construction Budgets. The Development Manager, subject to the approval of the Authority, shall establish budgets (collectively the Development Budget) for designing, constructing, furnishing and equipping the Facility, and related costs which may be identified prior to the commencement of design by the Design Team. The Development Budget shall reflect planned phasing, if any. The Development Manager may, after notice to and approval by the Authority, revise the Development Budget from time-to-time, as necessary or appropriate, to reflect any unpredicted changes, variables or events or to include additional modifications to the concept requested and/or approved by the Authority. CEG may, after notice to the Authority, reallocate part or all of the amount budgeted with respect to any line item to another line item and to make such other modifications to the Development Budget as CEG deems necessary or appropriate, provided that: (i) the cumulative modifications of the Development Budget for all Design Packages shall not, without the Authority's prior approval, exceed the approved aggregate Development Budget, and (ii) such modifications do not otherwise conflict with the terms of this Agreement. Development Budget adjustments which otherwise vary from the terms of the Agreement, shall require the approval of both the Authority and CEG. The Authority and CEG acknowledge that the Development Budget is intended only to be a reasonable estimate of Project costs.
Design and Construction Budgets. 10 SECTION 5.3.
Design and Construction Budgets. Great Lakes, with the assistance and input of the Architect and subject to the approval of the Pokagon Council, shall establish a preliminary Development Budget (the "Preliminary Development Budget") for designing, constructing, furnishing and equipping the Facility and related costs and Development Expenditures. The Preliminary Development Budget, as approved by the Pokagon Council and as it may be amended with the approval of the Pokagon Council, is referred to as the "Approved Development Budget." The Approved Development Budget shall reflect the Initial Phase and, as to the expansion to include the Final Scope of Work, the Final Scope of Work (subject to revision as provided in Section 3.3), as well as any other planned phasing. Great Lakes may, after notice to and approval by the Pokagon Council, revise the aggregate Approved Development Budget from time to time as necessary or appropriate to reflect any unpredicted changes, variables or events or to include additional and unanticipated Project costs. Great Lakes may, at is sole discretion after notice to and approval by the Business Board, reallocate part or all of the amount budgeted with respect to any line item to another line item and to make such other modifications to the Approved Development Budget as Great Lakes deems necessary or appropriate, provided that: (i) the cumulative modifications of the Approved Development Budget for all Design Packages shall not, without Great Lakes' prior approval and the Pokagon Council's prior approval, exceed the aggregate Approved Development Budget, and (ii) any modifications shall not otherwise conflict with the terms of this Agreement. Approved Development Budget adjustments which otherwise vary from the terms of the Agreement, shall, in addition to requiring Great Lakes' approval, require the approval of the Pokagon Council. The Band acknowledges that the Approved Development Budget is intended only to be a reasonable estimate of Project costs, subject, however, to the provisions of Section 5.8 with regard to cost overruns.
Design and Construction Budgets. TER, subject to the approval of the Board, shall establish budgets (collectively the “Development Budget”) for designing, constructing, furnishing and equipping the Facility and related costs. TER may, after notice to and approval by the Board, revise the aggregate Development Budget from time-to-time, as necessary or appropriate, to reflect any unpredicted changes, variables or events or to include additional modifications to the design of the Facility requested and/or approved by the Board. TER may, after notice to and approval of the Board, not to be unreasonably withheld, reallocate part or all of the amount budgeted with respect to any line item to another line item and to make such other modifications to the Development Budget as TER deems necessary or appropriate, provided that (i) the cumulative modifications of the Development Budget shall not, without the Board’s prior approval, exceed the approved aggregate Development Budget, and (ii) do not otherwise conflict with the terms of this Agreement.
