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. 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:
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:
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. The approach taken by the model is to require the Holder to act reasonably in discharging its duty to Review. The rationale for this approach is that courts are unlikely to sustain a “sole and arbitrary standard”. However, to avoid the risk that a court might hold the Holder to a standard of commercial reasonableness, the model provides a standard of “ecological reasonableness”.
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. LANDLORD: CA-LA JOLLA II LIMITED PARTNERSHIP, a Delaware limited partnership 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 TENANT: MEDICINOVA, INC., a Delaware corporation By: /s/ Xxxxxxx Xxxxxxxxx Name: Xx. Xxxxxxx Xxxxxxxxx Title: President & CEO 00-0000000 Tenant’s Tax ID Number (SSN or FEIN) EXHIBIT A OUTLINE AND LOCATION OF PREMISES EXHIBIT B EXPENSES AND TAXES This Exhibit is attached to and made a part of the Lease by and between CA-LA JOLLA II LIMITED PARTNERSHIP, a Delaware limited partnership (“Landlord”) and MEDICINOVA, INC., a Delaware corporation (“Tenant”) for space in the Building located at 0000 Xx Xxxxx Xxxxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx.
Standard of Reasonableness. If this agreement or any other loan document requires an Agent or a Bank to act reasonably or to not unreasonably withhold a consent or approval, the reasonableness of the action taken or withheld shall be determined based on what an asset based lender would do in a similar situation.
