FAILURE TO FOLLOW RECOMMENDATIONS. In the event the Baylor Members --------------------------------- believe that a particular recommendation regarding quality assurance or quality improvement at the applicable SNF to be materially important to Baylor's reputation or the operation of the SNF, and either the recommendation is not adopted by a majority of the Q.A. Committee, or the Board of Directors of the applicable SNF rejects the recommendation, the Baylor Members and the Fountain View Members shall meet and confer in good faith for such period of time as is necessary, but not to exceed thirty (30) days, to thoroughly evaluate the recommendation desired by the Baylor Members. To the extent practicable, input from industry representatives and experts relating to the particular issue at hand shall be obtained and considered during the meet and confer process. In the event the meet and confer process is unsuccessful, (a) Fountain View shall have the first option of agreeing to adopt the recommendation, provided that Baylor shall be solely responsible for paying for all costs and expenses reasonably incurred by Fountain View in implementing such recommendation; and (b) Baylor shall have the second option to purchase the SNF on the terms discussed below, provided that Baylor shall notify Fountain View in writing of its intent to exercise this option within thirty (30) days of receiving written notice from Fountain View that it will not exercise its first option hereunder, and that Baylor's option shall terminate if such notice is not given timely. If neither Fountain View nor Baylor exercises its option under the preceding sentence, then Fountain View shall have no obligation to implement the recommendation desired by Baylor. In the event Baylor elects to exercise its option to purchase all of Fountain View's rights and interests with respect to a SNF under this section, Baylor shall pay Fountain View, within ninety (90) days of notice of the exercise of such option, as follows:
FAILURE TO FOLLOW RECOMMENDATIONS. The Client agrees that it would be unfair to hold the Consultant liable for problems that may occur if the Consultant’s recommendations are not followed. Accordingly, the Client waives any claim against the Consultant, and agrees to indemnify, and hold harmless the Consultant from any claim or liability for injury or loss that results from failure to implement the Consultant’s recommendations or from implementation of the Consultant’s recommendations in a manner that is not in strict accordance with them.
FAILURE TO FOLLOW RECOMMENDATIONS. Client will not hold XXXXXXX liable for problems that may occur if XXXXXXX’x recommendations are not followed and waives any claim against XXXXXXX, and agrees to defend, indemnify and hold XXXXXXX harmless from any claim or liability for injury or loss that results from failure to implement XXXXXXX’x recommendations. but not limited to, acts of governmental authorities, acts of God, materially different site conditions, wars, riots, rebellions, sabotage, fires, explosions, accidents, floods, strikes or other conceded acts of workers, lockouts, or changes in laws, regulations, or ordinances. The party intending to invoke force majeure shall provide prompt notice to the other party.
FAILURE TO FOLLOW RECOMMENDATIONS. Client will not hold CRE or its subcontractors liable for any consequential, incidental, or indirect damages or business losses that may occur based on, or which may result from CRE’S or its subcontractors' recommendations that are not followed. Client waives any claim against CRE and agrees to defend, indemnify, and hold CRE harmless from any claim, liability for injury, or business loss that results from CRE’S recommendations that are not followed.
