Common use of Determinations and Group Actions Generally Clause in Contracts

Determinations and Group Actions Generally. (a) Unless otherwise expressly provided herein, all decisions and determinations (including any decision as to whether to give any consent or approval) required or permitted to be made hereunder by any one or more Persons (including any party or parties to this Agreement) shall be made by such Person or Persons in its or their sole discretion. Any notice, consent, approval or other decision by or on behalf of either Group or required or permitted by this Agreement shall be effective if expressed in a writing which is either (i) executed by a member or members of such Group that Beneficially Own issued and outstanding TCI High Vote Shares equal to at least a majority of the aggregate number of all issued and outstanding TCI High Vote Shares Beneficially Owned by all members of such Group collectively, or (ii) in the case of the Xxxxxxx Group, executed by the Xxxxxxx Group Representative or (iii) in the case of the Xxxxxx Group, executed by JCM, and in any such case the parties to this Agreement may assume that such member or members, the Xxxxxxx Group Representative or JCM, as the case may be, has the power and authority to do so and may rely conclusively on such writing as expressing the action of the Xxxxxxx Group or the Xxxxxx Group, as the case may be. JCM shall not be liable, in damages or otherwise, to any party to this Agreement, any Company, any of the Affiliates, stockholders, directors, officers, employees or agents of any such Person or to any other Person for or by reason of any action or omission in his capacity as the representative of the Xxxxxx Group. No Xxxxxxx Group Representative shall be liable, in damages or otherwise, to any party to this Agreement, any Company, any of the Affiliates, stockholders, directors, officers, employees or agents of any such Person or to any other Person for or by reason of any action or omission in his capacity as the Xxxxxxx Group Representative unless such act or failure to act was not within the scope of the authority or discretion conferred on the Xxxxxxx Group Representative by this Agreement.

Determinations and Group Actions Generally. (a) Unless otherwise expressly provided herein, all decisions and determinations (including any decision as to whether to give any consent or approval) required or permitted to EXHIBIT 7(M) be made hereunder by any one or more Persons (including any party or parties to this Agreement) shall be made by such Person or Persons in its or their sole discretion. Any notice, consent, approval or other decision by or on behalf of either Group or required or permitted by this Agreement shall be effective if expressed in a writing which is either (i) executed by a member or members of such Group that Beneficially Own issued and outstanding TCI High Vote Shares equal to at least a majority of the aggregate number of all issued and outstanding TCI High Vote Shares Beneficially Owned by all members of such Group collectively, or (ii) in the case of the Xxxxxxx Group, executed by the Xxxxxxx Group Representative or (iii) in the case of the Xxxxxx Group, executed by JCM, and in any such case the parties to this Agreement may assume that such member or members, the Xxxxxxx Group Representative or JCM, as the case may be, has the power and authority to do so and may rely conclusively on such writing as expressing the action of the Xxxxxxx Group or the Xxxxxx Group, as the case may be. JCM shall not be liable, in damages or otherwise, to any party to this Agreement, any Company, any of the Affiliates, stockholders, directors, officers, employees or agents of any such Person or to any other Person for or by reason of any action or omission in his capacity as the representative of the Xxxxxx Group. No Xxxxxxx Group Representative shall be liable, in damages or otherwise, to any party to this Agreement, any Company, any of the Affiliates, stockholders, directors, officers, employees or agents of any such Person or to any other Person for or by reason of any action or omission in his capacity as the Xxxxxxx Group Representative unless such act or failure to act was not within the scope of the authority or discretion conferred on the Xxxxxxx Group Representative by this Agreement.

Determinations and Group Actions Generally. (a) Unless otherwise expressly provided herein, all decisions and determinations (including any decision as to whether to give any consent or approval) required or permitted to be made hereunder by any one or more Persons (including any party or parties to this Agreement) shall be made by such Person or Persons in its or their sole discretion. Any notice, consent, approval or other decision by or on behalf of either Group or required or permitted by this Agreement shall be effective if expressed in a writing which is either (i) executed by a member or members of such Group that Beneficially Own issued and outstanding TCI High Vote Shares equal to at least a majority of the aggregate number of all issued and outstanding TCI High Vote Shares Beneficially Owned by all members of such Group collectively, or (ii) in the case of the Xxxxxxx Group, executed by the Xxxxxxx Group Representative or (iii) in the case of the Xxxxxx Group, executed by JCM, and in any such case the parties to this Agreement may assume that such member or members, the Xxxxxxx Group Representative or JCM, as the case may be, has the power and authority to do so and may rely conclusively on such writing as expressing the action of the Xxxxxxx Group or the Xxxxxx Group, as the case may be. JCM shall not be liable, in damages or otherwise, to any party to this Agreement, any Company, any of the Affiliates, stockholders, directors, officers, employees or agents of any such Person or to any other Person for or by reason of any action or omission in his capacity as the representative of the Xxxxxx Group. No Xxxxxxx Group Representative shall be liable, in damages or otherwise, to any party to this Agreement, any Company, any of the Affiliates, stockholders, directors, officers, employees or agents of any such Person or to any other Person for or by reason of any action or omission in his capacity as the Xxxxxxx Group Representative unless such act or failure to act was not within the scope of the authority or discretion conferred on the Xxxxxxx Group Representative by this Agreement.16