Examples of DW Member in a sentence
In requesting such audit and inspection of the books and records of the Condo-Hotel, DW Member is not required to provide any reason or to assert any claim or disagreement with any information, financial reports, or financial information previously provided to DW Member in connection with this Agreement or otherwise.
Finally, Operator shall notify Owner promptly of any material defaults under collective bargaining agreements, proceedings involving material union disputes and other similar proceedings and otherwise provide DW Member the same level of information and protection provided to DW Member in the negotiation of new agreements as provided in the proviso of the first sentence of this Section 8.4.
DW Member shall have the right to appoint a representative for the CityCenter Project (the “DW Representative”), the identity of whom shall be subject to the reasonable approval of Operator (not to be unreasonably withheld, conditioned or delayed).
Notwithstanding anything in this Agreement to the contrary, the costs and expenses of the mediator appointed pursuant to this Section 21.19.3 and JAMS in connection with such mediation shall be shared equally by DW Member and Operator.
DW Member will cooperate with Operator to undertake such audit in a collaborative manner so as not to disrupt the business enterprise.
If any audit conducted pursuant to this Section 11.5 discloses an overstatement greater than any of the thresholds in the immediately preceding sentence, then Operator immediately shall correct the misstatements and pay any amounts owing to the DW Member or Owner, as applicable.
Except for the rights and privileges granted to the DW Member under this Agreement, and the limitation of liability with respect to the MGM MIRAGE Restricted Affiliates and the Dubai World Restricted Affiliates, under Sections 20.23.1(a) and 20.23.1(b), respectively, all the provisions of this Agreement are intended to bind and to benefit only the Parties hereto and their permitted successors and assigns.
MGM Member may designate a replacement or alternate Operator Representative and DW Member may designate a replacement or alternate DW Member Representative by written notice to the other Party.
Any notice to Owner under this Section 20.19.2 shall be delivered to the DW Member.
Furthermore, if the Opening Date is delayed from the originally projected dates (other than a delay caused by Operator), the Pre-Opening Budget shall be revised to reflect any increases in Pre-Opening Expenses caused by such delay after consultation with and approval by Owner in accordance with the Joint Venture Agreement (or by DW Member, as may be required by the Joint Venture Agreement).