Revisions to Annual Budget and Reallocation of Funds Sample Clauses

Revisions to Annual Budget and Reallocation of Funds. If, in Manager’s good faith business judgment, revisions to the Annual Budget are appropriate, Manager shall revise the Annual Budget and submit such revised Annual Budget, to Owner for approval in accordance with the procedures set forth in Section 5.1. Manager, without Owner’s consent, may reallocate all or any portion of any line item in a budget to another item in an amount not to exceed the greater of [*****] ([*****]%) percent of such line item or [*****] in any Fiscal Year. Manager shall not make any payments or disbursements in excess of the total operating expense amounts in an Annual Budget, except as follows: (1) Pursuant to Section 5.3 or 5.4; (2) If expenditures for Operating Expenses bear the same relationship (ratio) to the amount budgeted for such items as actual Gross Revenue for such month bears to the projected Gross Revenue for such month (provided that any increase in Operating Expenses is, in Manager’s business judgment, a necessary consequence of the increase in Gross Revenue); (3) Any expenditure for which written approval in advance has been obtained from Owner; (4) For taxes, insurance and utilities to reflect actual costs thereof, subject to Owner’s right to contest the validity of such items; and (5) For payment of any monetary judgment in litigation involving the Facility.