Common use of Manager's Review; Resolution of Owner Disputes Clause in Contracts

Manager's Review; Resolution of Owner Disputes. Manager shall have authority to review, upon the request of any Owner, any discretionary action taken or proposed to be taken by any other Owner that affects or purports to affect the rights of any other Owner under this Agreement for conformance with the requirements of this Agreement, and to resolve any disputes between Owners arising from any such discretionary action. In the event that Manager, in its sole but reasonable judgment upon such review, determines that any such discretionary action taken or proposed to be taken by any Owner is, was, or would be not in conformance with the requirements of this Agreement, Manager shall deliver to all Owners a statement and reasonable explanation of such determination, identifying with specificity the aspects of the action determined to be not in conformance with the requirements of this Agreement. In the case of any action actually taken by an Owner prior to such a determination, said Owner shall, subject to the rights of such Owner to pursue binding arbitration under Section 13 below, immediately upon receipt of such statement of determination, reverse or take other corrective action sufficient to remedy all issues identified by Manager and assure that all actions taken by such Owner are in conformance with the requirements of this Agreement. In the case of any action proposed but not taken prior to such a determination, said Owner's proposal shall be deemed rejected and withdrawn effective upon receipt of such statement of determination subject to such Owner's right to make a substitute proposal addressing any issues identifies by Manager, and further subject to such Owner's rights to pursue binding arbitration under Section 13 below.

Manager's Review; Resolution of Owner Disputes. Manager shall have authority to review, upon the request of any Owner, any discretionary action taken or proposed to be taken by any other Owner that affects or purports to affect the rights of any other Owner under this Agreement for conformance with the requirements of this Agreement, and to resolve any disputes between Owners arising from any such discretionary action. In the event that Manager, in its sole but reasonable judgment upon such review, determines that any such discretionary action taken or proposed to be taken by any Owner is, was, or would be not in conformance with the requirements of this Agreement, Manager shall deliver to all Owners a statement and reasonable explanation of such determination, identifying with specificity the aspects of the action determined to be not in conformance with the requirements of this Agreement. In the case of any action actually taken by an Owner prior to such a determination, said Owner shall, subject to the rights of such Owner to pursue binding arbitration under Section 13 below, immediately upon receipt of such statement of determination, reverse or take other corrective action sufficient to remedy all issues identified by Manager and assure that all actions taken by such Owner are in conformance with the requirements of this Agreement. In the case of any action proposed but not taken prior to such a determination, said Owner's ’s proposal shall be deemed rejected and withdrawn effective upon receipt of such statement of determination subject to such Owner's ’s right to make WEST TASMAN CAMPUS RECIPROCAL EASEMENT AGREEMENT a substitute proposal addressing any issues identifies by Manager, and further subject to such Owner's ’s rights to pursue binding arbitration under Section 13 below.

Manager's Review; Resolution of Owner Disputes. Manager shall have authority to review, upon the request of any Owner, any discretionary action taken or proposed to be taken by any other Owner that affects or purports to affect the rights of any other Owner under this Agreement for conformance with the requirements of this Agreement, and to resolve any disputes between Owners arising from any such discretionary action. In the event that Manager, in its sole but reasonable judgment upon such review, determines that any such discretionary action taken or proposed to be taken by any Owner is, was, or would be not in conformance with the requirements of this Agreement, Manager shall deliver to all Owners a statement and reasonable explanation of such determination, identifying with specificity the aspects of the action determined to be not in conformance with the requirements of this Agreement. In the case of any action actually taken by an Owner prior to such a determination, said Owner shall, subject to the rights of such Owner to pursue binding arbitration under Section 13 below, immediately upon receipt of such statement of determination, reverse or take other corrective action sufficient to remedy all issues identified by Manager and assure that all actions taken by such Owner are in conformance with the requirements of this Agreement. In the case of any action proposed but not taken prior to such a determination, said Owner's ’s proposal shall be deemed rejected and withdrawn effective upon receipt of such statement of determination subject to such Owner's ’s right to make a substitute proposal addressing any issues identifies by Manager, and further subject to such Owner's ’s rights to pursue binding arbitration under Section 13 below.