Common use of Written Opinion Clause in Contracts

Written Opinion. The arbitrators shall render a written reasoned opinion regarding their decision (the “Final Arbitration Decision”) with respect to the applicable Disbursement Claims as soon as practicable after conclusion of the arbitration hearing, but in no event later than five (5) business days after conclusion of the arbitration hearing. The Final Arbitration Decision shall be limited to whether or not Landlord breached its obligation to fund any Construction Payments that are the subject of the Disbursement Claims and any resulting damages, including reimbursement of attorneys’ fees, awarded by the arbitrators to the prevailing party; provided that, in rendering such Final Arbitration Decision, the arbitrators shall take into account the remedies afforded to each party in the event of a default by the other party under the Lease so as to avoid either party having the right to recover amounts, directly or indirectly, in excess of the total damages awarded to such party pursuant to the Final Arbitration Decision, including, without limitation, any adjustment to Base Rent (as defined in the Lease) pursuant to Section 5.2.3 of the Lease. Any such Construction Payment amounts required by be funded by Landlord pursuant to the Final Arbitration Decision are referred to in the Lease as “Required Arbitration Construction Payments.” Furthermore, the parties acknowledge and agree that the Final Arbitration Decision shall not be deemed or construed so as to imply that Landlord has granted its consent, approval or authorization to the construction of any Improvements under this Agreement or the Lease or to any other matters requiring Landlord’s consent.

Written Opinion. The arbitrators shall render a written reasoned opinion regarding their decision (the “Final Arbitration Decision”) with respect to the applicable Disbursement Claims as soon as practicable after conclusion of the arbitration hearing, but in no event later than five (5) business days after conclusion of the arbitration hearing. The Final Arbitration Decision shall be limited to whether or not Landlord breached its obligation to fund any Construction Payments that are the subject of the Disbursement Claims and any resulting damages, including reimbursement of attorneys’ fees, awarded by the arbitrators to the prevailing party; provided that, in rendering such Final Arbitration Decision, the arbitrators shall take into account the remedies afforded to each party in the event of a default by the other party under the Lease so as to avoid either party having the right to recover amounts, directly or indirectly, in excess of the total damages awarded to such party pursuant to the Final Arbitration Decision, including, without limitation, any adjustment to Base Rent (as defined in the Lease) pursuant to Section 5.2.3 6.2 of the Lease. Any such Construction Payment amounts required by be funded by Landlord pursuant to the Final Arbitration Decision are referred to in the Lease as “Required Arbitration Construction Payments.” Furthermore, the parties acknowledge and agree that the Final Arbitration Decision shall not be deemed or construed so as to imply that Landlord has granted its consent, approval or authorization to the construction of any Improvements under this Agreement or the Lease or to any other matters requiring Landlord’s consent.