Owner’s Approval. The Design Professional acknowledges and agrees that the Owner does not undertake to approve or pass upon matters of professional service and the Owner, therefore, assumes no responsibility for such. The Design Professional acknowledges and agrees that the Owner’s approval or acceptance of the Design Professional's services is limited to the function of determining whether there has been compliance with the Owner’s Program. The Owner does not undertake to inquire into the adequacy, fitness, or correctness of Professional Services. The Design Professional agrees that no approval of services by any person, body, or agency shall relieve the Design Professional of its responsibility for the adequacy, fitness, suitability, and/or correctness of its Professional Services.
Owner’s Approval. With respect to those activities of Manager hereunder which require Owner's approval of such activity or the cost thereof, if Owner fails to approve either the activity or the costs, which Owner may do in its sole and absolute discretion, then Manager shall not be responsible to provide the activity until Owner's approval is obtained. Manager shall be obligated to timely seek approval of such matters from Owner. So long as Manager has acted timely and diligently and has provided Owner with all relevant information, Manager shall not be responsible for any direct loss, cost or expense arising from its failure to act.
Owner’s Approval. Owner shall approve or disapprove Manager's proposed Annual Plan within thirty (30) days after receipt thereof. Owner shall specify the reasons for any disapproval. Owner's failure to respond within such thirty (30)-day period shall be deemed to be an approval of the Annual Plan as submitted. Upon Manager's timely receipt from Owner of a notice of disapproval or a request for supplemental information regarding the proposed Annual Plan or any component thereof, Manager shall diligently undertake to modify the disapproved matters or to provide Owner with such requested supplemental information. Owner and Manager shall act in good faith in order to agree upon each Annual Plan and provide for the continued orderly operation of the Property. Pending the resolution of any such dispute, the submitted Annual Plan shall control with the sole exception of those specific items not approved by Owner, and the Annual Plan for the preceding Fiscal Year (exclusive of any line items relating to expenditures for specified capital works which shall be established by Owner) shall control with respect to those specific items not approved by Owner; provided, however, that unless Owner and Manager otherwise agree:
Owner’s Approval. Owner will review the Annual Plan within fifteen (15) days after receiving such Annual Plan. Within fifteen (15) days after Owner completes its review, Owner and Manger will meet at Manager's offices to discuss Owners comments and to review Manager's financial and operational analysis. If an agreement is not reached by the first day of the Operating Year, the Annual Plan will be based on actual results of the previous Operating Year.
Owner’s Approval. Whenever it is indicated in this Agreement or any document, which this Agreement refers to or incorporates by reference that our approval of something is required, this means that you must first obtain our prior written approval. If our prior written approval is required, you agree to submit a written request to us which will describe the action you propose to take and requ est us to give our prior written approval.
Owner’s Approval. Within thirty (30) days following submission of any components of the Annual Plan to Owner, Owner shall give Manager written notice either (a) that Owner approves such component of the Annual Plan or (b) indicating with reasonable specificity the respects in which Owner objects to such component of the Annual Plan; provided, however, that Owner's approval rights shall not apply with respect to non- discretionary budget items required by law such as impositions (subject to the right of the Owner to contest such impositions or other non-discretionary items). In the latter event, Owner and Manager shall act promptly, reasonably and in good faith to seek to resolve Owner's objections. In the event that Owner and Manager fail to reach agreement with respect to any material component of the Annual Plan within thirty (30) days after receipt of Owner's written notice, Manager and Owner shall refer any disputed Annual Plan matter to arbitration using procedures set forth in Section 15.02 below and each party shall endeavor to cause such arbitration to be completed as quickly as possible, but in any event not later than six (6) months following referral to arbitration. Pending the results of such arbitration or the earlier agreement of the parties, (i) as to any matters in the Operating Budget which have not been agreed upon, the Hotel will be operated in a manner reflecting the prior Operating Year's actual results adjusted by multiplying said number by the number obtained by dividing the average CPI for the twelve months ended on September 30 of the most recently completed Operating Year by the average CPI for the twelve months ended on September 30 of the prior Operating year, until a new Operating Budget is adopted, and (ii) if the Capital Budget has not been agreed upon, no Capital Replacements in dispute shall be made until the dispute is resolved. In the event Owner fails to deliver the notice set forth in this section, within the required time period, the component of the Annual Plan at issue shall be deemed approved. Owner shall be obligated to make all Capital Replacements which are pursuant to a Capital Budget which has been approved or deemed approved in accordance with the procedures set forth above.
Owner’s Approval. In any instance where Owner’s prior written approval is required under this Golf Agreement, Golf Manager may accept Hotel Manager’s representation that such Owner’s approval has been obtained by Hotel Manager unless Owner advises Golf Manager in writing to the contrary, excepting, however, in the case of the provisions in Sections 4.01(g), 4.01(s), 5.01, 8.02, 8.03, 9.01, 10.01, 12.01 and Article XXIV, and in the case of any amendment or termination of this Golf Management Agreement, Owner’s actual, direct written approval shall be required.
Owner’s Approval. Whenever Owner's approval or consent is required pursuant to this Agreement, such approval or consent shall be deemed withheld unless Owner notifies Property Manager in writing, within five (5) business days following receipt by Owner of such information as Owner deems necessary to make such decision, that Owner approves or grants consent.
Owner’s Approval. JTT has obtained the consent to this Agreement and the transactions reflected hereby by the unanimous vote of JTT’S Owners, and such Owners have agreed to vote in favor of the Transaction. 4.13
Owner’s Approval. The Annual Plan will be subject to the approval of Owner, which will not be unreasonably withheld or delayed. It is the intention of the parties to complete the review and approval of the proposed Annual Plan no later than thirty (30) days prior to the Opening Date and commencement of each Fiscal Year. Owner shall be required to approve or disapprove each proposed Annual Plan within thirty (30) days after the date of delivery to Owner of each such proposed Annual Plan by providing written notice to Manager. To be effective, any notice which disapproves a proposed Annual Plan must contain specific line item objections thereto in reasonable detail. If Owner fails to provide such written notice to Manager of any specific objections to a proposed Annual Plan within such thirty (30) day period, such Annual Plan shall be deemed to have been approved as submitted. Owner shall review the Budgets contained in the Annual Plan on a line-by-line basis. If Owner disapproves or raises any objections to any line items contained in the proposed Annual Plan or any revisions thereto, until otherwise mutually agreed, the undisputed portions (and, in the case of the Annual Plan for the first full Fiscal Year only, disputed portions, until such time as any disputed portion is resolved by arbitration or joint agreement) of the proposed Annual Plan shall be deemed to be adopted and approved. In the case of any Annual Plan after the Annual Plan for the first full Fiscal Year, the item corresponding to the disputed item and contained in the Annual Plan for the preceding Fiscal Year shall be substituted in lieu of the disputed portions of the proposed Annual Plan. In each instance where portions of the Annual Plan from the preceding Fiscal Year are deemed to be the Annual Plan in effect until a new Annual Plan is approved, the Budget items contained in the Annual Plan for the preceding Fiscal Year shall be automatically increased or decreased by a percentage equal to the percent of increase or decrease in the CPI during the preceding Fiscal Year. Calculation of the percent of increase or decrease in the CPI shall be made by Manager based upon the then most recently published CPI data at the time the calculation is made. If, notwithstanding such CPI increase, Manager and Owner do not reach agreement as to mutually acceptable Budgets within thirty (30) days after delivery of objection by Owner, the line item(s) of the Annual Plan objected to by Owner shall be submitted to and resolve...
