Objections to Statements. Following Completion, any Member shall have the right to object to the statements described in Sections 7.1(a), 7.1(b) and 7.1(c) by giving notice to the other Members within 45 days after such statement is received by each Member indicating in reasonable detail the objections of such Member and the basis for such objections. If any Member shall fail to give such notice within said 45-day period, such statement and the contents thereof shall, in the absence of fraud or willful misconduct by the other Members or the independent certified public accountants preparing the statements, be deemed conclusive and binding upon such party so failing to give such notice subject, in the case of the statements provided for in Sections 7.1(a) and 7.1(b), to the audit provided for in Section 7.1(c). Objections to any statement and any disputes concerning the findings of, and questions raised as the result of, audits of the Company’s books shall be settled by Member Consent.
Objections to Statements. Tenant acknowledges that Landlord's ability to budget and incur expenses depends on the finality of Landlord's Expense Statements and agrees that Tenant shall have one hundred twenty (120) days following receipt of such Statements within which to raise any objection to the calculations contained therein. Failure of Tenant to object within such one hundred twenty (120) day period shall be deemed a waiver of any such objection, absent fraud or manifest errors. Tenant shall continue to make all payments required hereunder pending resolution of any such objection. No delay by Landlord in providing any Statement shall be deemed a default by Landlord or a waiver of Landlord's right to require payment of Tenant's obligations for actual or estimated Building Expenses or Project Expenses.
Objections to Statements. Tenant acknowledges that Landlord’s ability to budget and incur expenses depends on the finality of Landlord’s tax statements and Landlord’s Operating Expense Statements, and Tenant shall have one year following receipt of any such statement within which to raise any objection to the calculations contained in any such statement. Failure of Tenant to object within such one year period shall be deemed a waiver of any such objection. Tenant shall continue to make all payments required under this Lease pending resolution of any such objection. If Tenant makes a timely objection within the said one year period, Landlord and Tenant shall use reasonable efforts and due diligence in attempting to resolve such dispute within a reasonable time. No delay by Landlord in providing any statement shall be deemed a default by Landlord or a waiver of Landlord’s right to require payment of Tenant’s obligations for actual or estimated Impositions or Operating Expenses; provided however that (i) Landlord shall be estopped from correcting or issuing a new charge more than one (1) year following the end of the year in which the charge was incurred and (ii), should Landlord delay in providing any statement or document related to an objection by Tenant , the objection period shall be extended on a day for day basis,
Objections to Statements. Upon completion of the audit report described in Section 8.1 (the “Approved Statement”), the Hxxxxxxx Member shall cause a comparison to be made of the actual Operating Cash Flow to the Operating Cash Flow distributed pursuant to Section 10.3. To the extent that the Company has made a distribution to a Member (the “Excess Member”) in excess of the amount which the Excess Member should have received based on a distribution of Operating Cash Flow set forth in the Approved Statement, the Excess Member shall recontribute to the Company within fifteen (15) days after the creation of the applicable Approved Statement the excess amount (the “Excess Amount”) received by it. The Company shall then distribute such Excess Amount (1) first, to any Member who received a distribution less than such Member should have received based on the distribution of Operating Cash Flow set forth in the Approved Statement, an amount equal to such deficiency and (2) second, to the extent of the remaining Excess Amount, in accordance with Section 10.3.
Objections to Statements. Each Venturer shall have the right to ------------------------ object to each report or statement provided to such Venturer pursuant to Section 9.2 hereof by giving notice in writing to HCS I within 45 days after such report or statement is received by such Venturer, indicating in reasonable detail the objections of such Venturer and the basis for such objections. The reports and statements described in Section 9.2 and the contents thereof, in the absence of fraud or willful misconduct by the other Venturers or by the Accountants certifying the statements, shall be deemed conclusive and binding upon any Venturer who fails to give such notice within such 45-day period. Settlement of objections to any report or statement and disputes of any result of audits of the Venture's books shall be resolved by HCS I.
Objections to Statements. Each Member shall have the right to object to the statements described in Sections 7.1(a), (b) and (c) by giving notice in writing to the other Member within thirty (30) days after such statements are received by each Member, indicating in reasonable detail the objections of such Member and the basis for such objections. If either Member shall fail to give such notice within said thirty (30) day period, such statements and the contents thereof shall, in the absence of fraud or willful misconduct by the other Member or the independent certified public accountants certifying the statements, be deemed conclusive and binding upon such party so failing to give such written notice, subject, in the case of the statements provided for in Sections 7.1(a) and (b), to the audit provided for in Section 7.1(c). Objections to any statement and any disputes concerning the findings of, and questions raised as the result of, audits of the Company’s or any Subsidiary’s books shall be settled by the Committee. Upon approval or deemed approval of the statement described in Section 7.1(c) (the “Approved Financial Statement”), a comparison shall be made of the actual Operating Cash Flow to the Operating Cash Flow distributed pursuant to Section 9.3. To the extent that the Company has made a distribution to a Member (the “Excess Member”) in excess of the amount which the Excess Member should have received based on a distribution of Operating Cash Flow set forth in the Approved Financial Statement, the Excess Member shall recontribute to the Company, within fifteen (15) days after the creation of the applicable Approved Financial Statement, the excess amount (the “Excess Amount”) received by it. The Company shall then distribute such Excess Amount (1) first, to any Member who received a distribution less than such Member should have received based on the distribution of Operating Cash Flow set forth in the Approved Financial Statement, an amount equal to such deficiency and (2) second, to the extent of the remaining Excess Amount, in accordance with Section 9.3.
Objections to Statements. Any Member shall have the right to object to the statements described in Subsections 2.4.1, 2.4.2 and 2.4.3 by giving Notice to the other Members indicating in reasonable detail the objections of such Member and the basis for such objections within 45 days after any statement is received by such Member. If the Members shall fail to give such Notice within said 45 day period, such statement and the contents thereof shall, in the absence of fraud or willful misconduct by the Manager, another Member or the Accountants certifying the statements, be deemed conclusive and binding upon each Member so failing to give such Notice except to the extent such statement is subsequently revised as a result of any audit conducted pursuant to Subsection 2.1.2 or Section
Objections to Statements. Company shall be deemed to have consented to all accountings rendered by WEA hereunder and said accountings shall be binding upon Company and shall not be subject to any objection by Company for any reason unless specific objection, in writing, stating the basis thereof, is given to WEA within two years after the date rendered, and after such written objection, unless suit is instituted within three years after the date rendered.
Objections to Statements. Each Partner shall have the right within one hundred and twenty (120) days from the receipt of any statement prepared pursuant to this Article VI to object in good faith to the statement on the grounds that it does not fairly present the financial condition or results of operation of the Partnership as of the date or for the periods covered thereby. In the absence of an objection, such statements shall be conclusively presumed to present fairly the financial condition or results of operation of the Partnership for the periods covered thereby.
Objections to Statements. Each Venturer shall have the right to object to each statement described in Section 9.2 hereof by giving notice in writing to the Management Committee within 45 days after such statement is received by such Venturer, indicating in reasonable detail the objections of such Venturer and the basis for such objections. The statements described in Section 9.2 and the contents thereof, in the absence of fraud or willful misconduct by the other Venturer or by the Accountants certifying the statements, shall be deemed conclusive and binding upon any Venturer who fails to give such notice within such 45-day period, subject to the audit provided for in Section 9.2(c). Settlement of objections to any statement and disputes of any result of audits of the Venture's books shall be made by the Management Committee.
