Standard of Reasonableness. Unless specifically provided otherwise, all provisions of this Agreement and all collateral agreements and actions necessary to implement or enforce any such agreement or provision shall be governed by a standard of commercial reasonableness and good faith. Obligations of any party to use best efforts will also be qualified by a standard of commercial reasonableness and good faith.
Standard of Reasonableness. Unless specifically provided otherwise, all provisions of this Agreement and all Collateral Agreements shall be governed by a standard of reasonableness.
Standard of Reasonableness. Unless otherwise stated in this Agreement, we agree to exercise reasonable judgment with respect to all determinations to be made by us under the terms of this Agreement.
Standard of Reasonableness. Except as specifically provided otherwise in this Lease, and except with regard to requests for consent or approval that require Landlord to make a determination of the aesthetics of certain signage, alterations or other things that would be visible from outside the Premises or Building or to assume certain risks, including, without limitation, the risk that a certain alteration, addition and/or improvement could adversely affect the mechanical systems or structure of the Building or require excess removal costs, Landlord and Tenant agree to act reasonably in granting approval or disapproval of any requests by the other for consent or approval.
Standard of Reasonableness. Wherever reference is made in this lease to the approval, review, consent or satisfaction of Landlord, such approval, review, consent or satisfaction shall be subject to the standard of reasonableness and shall not be unreasonably delayed or withheld.
Standard of Reasonableness. Unless specifically provided otherwise, all actions and decisions of the parties, all provisions of this Agreement, the Lakes Notes and any other Transaction Document shall be governed by a standard of commercial reasonableness. [Signature Page Follows] The parties have executed this Development Services and Financing Arrangement Agreement as of the date stated in the introductory clause. Jamul Indian Village a federally recognized Indian tribe By /s/ Xxx Xxxxxx Its: Chair By /s/ Xxxxx Lotta Its: Secretary Jamul Gaming Authority a governmental subdivision of the Jamul Indian Village By /s/ Xxx Xxxxxx Its: Chair By /s/ Xxxxx Lotta Its: Secretary Lakes Jamul Development, LLC a Minnesota limited liability company By /s/ Xxxxxxx X. Xxxx Its: President [Signature Page to Jamul Development Services and Financing Arrangement Agreement Dated xxxxx, 2011 xx/xx/2011 execution version] EXHIBIT I THIS IS NOT A MANAGEMENT AGREEMENT Notwithstanding any provision in the Agreement, Lakes shall not engage in any of the following: planning, organizing, directing, coordinating, or controlling all or any portion of the Authority’s casino or Gaming operations (collectively, “Management Activities”), including, but not limited to:
1. The training, supervision, direction, hiring, firing, retention, compensation (including benefits) of any employee (whether or not a management employee) or contractor;
2. Any employment policies or practices;
3. The hours or days of operation;
4. Any accounting systems or procedures;
5. Any advertising, promotions or other marketing activities;
6. The purchase, lease, or substitution of any Gaming device or related equipment or software, including player tracking equipment;
7. The vendor, type, theme, percentage of pay-out, display or placement of any Gaming device or equipment; or
8. Budgeting, allocating, or conditioning payments of the Borrower’s operating expenses; Provided, however, that Lakes will not be in violation of the foregoing restriction solely because Lakes:
A. enforces compliance with any term in the Agreement that does not require the Gaming operation to be subject to any third-party decision-making as to any Management Activities; or
B. requires that all or any portion of the Collateral be applied to satisfy valid terms of the Agreement. Table of Contents Page
Standard of Reasonableness. Except as expressly stated to be within the sole discretion of any Party, all consents or approvals required of either Party shall not be unreasonably withheld or delayed.
Standard of Reasonableness. Except with regard to requests for consent or approval that require Landlord to make a determination of the aesthetics of certain signage, alterations or other things that would be visible from outside the Premises or Building or to assume certain risks, including, without limitation, the risk that a certain alteration, addition and/or improvement could adversely affect the mechanical systems or structure of the Building or require excess removal costs, Landlord and Tenant agree to act reasonably in granting approval or disapproval of any requests by the other for consent or approval. Landlord and Tenant have executed this Lease as of the day and year first above written. By: EOM GP, L.L.C., a Delaware limited liability company, its general partner By: Equity Office Management, L.L.C., a Delaware limited liability company, its non- member manager By: /s/ Illegible Name: Illegible Title: Senior Vice President By: /s/ Xxxxxxx Xxxxxxxxx Name: Xx. Xxxxxxx Xxxxxxxxx Title: President & CEO 00-0000000
Standard of Reasonableness. Notwithstanding any contrary provision of the foregoing, it shall be reasonable for Landlord to deny such consent to an assignment or sublet in the following circumstances:
6.3.1 The use to be made of the premises by the proposed assignee violates the terms of Section 5.1, or is a use which would be prohibited by any other portion of this Lease; or
6.3.2 The financial responsibility of the proposed assignee (as opposed to a proposed subtenant) is not reasonably satisfactory to Landlord.
Standard of Reasonableness. Notwithstanding any contrary provision of the foregoing, it shall be reasonable for Landlord to deny such consent to an assignment or sublet in the following circumstances:
6.3.1 The use to be made of the Premises by the proposed assignee violates the terms of Section 5.1, or is a use which would be prohibited by any other portion of this Lease; or
6.3.2 The financial responsibility of the proposed assignee (as opposed to a proposed subtenant) is not reasonably satisfactory to Landlord.
6.3.3 The Tenant has defaulted in making a monetary payment, at the time of the request for assignment, of the Lease, and the proposed assignee is unable or unwilling to cure such monetary default.
