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:
(1) individual unapproved line items may be increased to such amount as may be necessary for Non-Discretionary Expenses and any Operating Expenses incurred in connection with any Emergency;
(2) any other unapproved line item relating to Operating Expenses payable to third parties who are not Related Persons to Manager, or pursuant to existing contracts with third parties who are Related Persons to Manager which are known at that time to have increased or decreased in cost shall be increased or decreased, as applicable, to the then current level as of the end of such prior Fiscal Year;
(3) any line items relating to expenditures for capital works or other capital expenditure in the Annual Plan for the preceding Fiscal Year shall be disregarded except where the capital expenditure approved for the preceding Fiscal Year remains to be paid in accordance with the approval;
(4) with respect to each other unapproved line item of the submitted Operating Budget, the amount for such line item set forth in the Operating Budget for the preceding Fiscal year shall be increased by five percent (5%).
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. 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.
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. 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, Owner shall not unreasonably withhold its approval over any expenses, which are necessary for the continued operation of the Hotel in accordance with the requirements of the franchise agreement and the loan agreement and the operational standards set forth in this Agreement and which are not within the reasonable control of Manager (including, but not limited to, those for insurance, taxes, utility charges and debt service). In the event that Owner does not notify the Manager in writing of its approval or disapproval, then such Annual Plan shall be deemed approved by Owner. 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 component of the Operating Budget or the Annual Plan within thirty (30) days after receipt of Owner’s written notice, the Hotel will be operated in a manner reflecting the prior Operating Year’s actual results and incorporating any express provisions approved by Owner, until a new Annual Plan is adopted.
Owner’s Approval. This Agreement is wholly contingent upon the Owner’s approval of Subcontractor and the terms of this Agreement. If either Subcontractor or this Agreement is not approved by the Owner, Contractor may declare this Agreement null and void by written notice thereof to Subcontractor.
