Emergency Expenditures. As used herein, the term “Emergency” means, individually or collectively, an event of an imminent present threat: (a) to the safety of any Property and/or of material damage or loss to any Property; (b) to the safety of Tenants or others; (c) to the necessary utility or life safety system services to any Property; or (d) that could lead to exposure to criminal liability on the part of Owner or any other direct or indirect investor in any Property, or any employee or agents of any of the foregoing. In the case of an Emergency, Manager is authorized to make repairs to any Property for items that are not contained in the Approved Annual Business Plan and Budget without obtaining Owner’s prior written approval; provided that: (i) reasonable efforts to secure Owner’s prior approval have been made (it being agreed that sending an e-mail message to Owner or attempting to call and, if voice mail is available, leaving a message for the Owner is a reasonable effort); (ii) the repairs are made solely for the purpose of avoiding, preventing or resolving the Emergency; (iii) written notice of the repairs and/or expenditures is thereafter provided to Owner within twenty four (24) hours of commencement; and (iv) thereafter Owner and Manager shall mutually determine in good faith whether any additions, deletions or other changes shall be required to mitigate any adverse impact to the Approved Annual Business Plan and Budget from such Emergency and the attendant repairs and expenditures.
Emergency Expenditures. In case of emergency, the Manager may take any action it deems necessary to protect life, limb or property, to protect the Assets or to comply with Law. The Manager may also make reasonable expenditures on behalf of the Participants for unexpected events that are beyond its reasonable control. In the case of an emergency or unexpected expenditure, the Manager shall promptly notify the Participants of the expenditure, and the Manager shall be reimbursed therefore by the Participants in proportion to their respective Participating Interests at the time the emergency or unexpected expenditure is incurred.
Emergency Expenditures. In the event a condition should exist with respect to a Managed Property of an emergency nature, including structural repairs, which requires that immediate repairs are necessary to protect the health and safety of its guests or Employees (an “Emergency Expenditure”), Manager is authorized to take all steps and to make all Emergency Expenditures reasonably necessary to repair and correct any such condition, whether or not provisions have been made in the applicable Approved Annual Plan and Operating Budget for any such emergency expenditures, up to a maximum of $500,000 for any single emergency. Manager agrees that it shall make such repairs and replacements only after it has made a reasonable attempt (if circumstances permit) to inform Owner of the existence of such emergency, the repairs and replacements it proposes to make, and the estimated amount of expenditures to be incurred. If Manager has been unable to advise Owner in advance, it shall promptly notify Owner after taking any necessary action. Expenditures made by Manager in connection with an emergency shall be paid for first from the Reserve Funds to the extent funds are available, and then from the Operating Bank Accounts.
Emergency Expenditures. The Contributor shall encourage the Manager to continue to use its best efforts to take guest room reservations and to book functions and meetings and otherwise to promote the business of the Property in generally the same manner as the Manager did prior to the execution of this Agreement. Except as otherwise permitted hereby, from the date hereof until Closing, the Contributor shall use its best efforts to ensure that the Manager shall not take any action or fail to take action the result of which (i) would have a material adverse effect on the Property or the Acquiror's ability to continue the operation thereof after the date of Closing in substantially the same manner as presently conducted, (ii) reduce or cause to be reduced any room rents or any other charges over which the Contributor has operational control, or (iii) would cause any of the representations and warranties contained in this Article III to be untrue as of Closing.
Emergency Expenditures. Notwithstanding any other provision of this Agreement, the Optionee will be entitled to incur as Expenditures all costs and expenses necessary to preserve or protect life, limb, property or the environment in respect of the Properties or otherwise in the course of exploration or development activities.
Emergency Expenditures. As more fully set forth in Section 5.1 hereof, Tenant shall use commercially reasonable efforts to comply with the Development Plan and Budget. Notwithstanding anything contained in this Agreement to the contrary, in the event of any emergency affecting the safety of persons or property, or which is likely to result in substantial injury, damage or loss to the Landlord, Tenant is hereby authorized to act in a manner intended to mitigate or prevent threatened damage, injury or loss and, in connection therewith, if deemed prudent by the Tenant, and Tenant shall be entitled to make expenditures in excess of the limitations set forth in the Development Plan and Budget, without the necessity of securing the approval by the Landlord prior to such expenditure. Tenant shall deliver written notice to Landlord summarizing such emergency expenditures, together with copies of all invoices, receipts and other written documentation evidencing the amounts owing and/or payable. Upon Landlord’s approval of such expenditures, which approval shall not be unreasonably withheld, such expenditures shall be deemed to constitute Budgeted Development Costs.
Emergency Expenditures. In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the Grantee may choose, at its own risk, to incur grant-eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The Grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CARE, in its sole discretion, reserves the right to accept or reject the Grantee’s determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed. Paragraph 37 (Payment) below contains procedures for obtaining approval of non-emergency budget changes.
Emergency Expenditures. MPL, on behalf of MLH, shall be responsible for handling emergencies occurring with respect to the MLH Pipelines. In cases of emergency, MPL may authorize expenditures for required work when such is necessary in MPL’s good faith judgment to respond to the emergency or to mitigate damage or danger to persons, property or the environment, without the necessity of submitting such proposed expenditures in advance for approval by MLH. In such event, MPL shall, as soon as practicable, by telephone notice or otherwise, inform the person designated by MLH of the existence or occurrence of the emergency, the full particulars thereof, the corrective action being taken or proposed and the estimated cost, if known. Such notice shall be confirmed in writing as soon as practicable. MPL shall directly charge MLH for its costs and expenses, including those costs and expenses attributable to Affiliates or Third Party contractors utilized by MPL.
Emergency Expenditures. Operator shall be responsible for handling emergencies occurring with respect to the Systems. In cases of emergency, Operator may proceed with expenditures for required work when such is necessary in Operator’s good faith judgment to alleviate the emergency or to reduce or eliminate damage or danger to persons, property or the environment, without the necessity of submitting such proposed expenditures in advance for approval by MPC. In such emergency cases, Operator shall be allowed to use, in its good faith discretion, any of its or its Affiliates’ operating or administrative personnel to take corrective action, including without limitation, the use of emergency response service assets of Operator or its Affiliates or their emergency contract agents. Costs associated with such occurrence shall be billed directly to MPC and shall not be subject to any limitation set forth in Section 5 of this Agreement. In such event, Operator shall, as soon as practicable, by telephone notice or otherwise inform the person designated by MPC of the existence or occurrence of the emergency, full particulars thereof, the corrective action being taken or proposed and the estimated cost, as known. Such notice shall be confirmed in writing, as soon as practicable. Operator has established an emergency response plan which will be provided to MPC. Operator shall comply with the plan terms and requirements in responding to one-call and emergency notifications received, and to emergency conditions indicated at MPL’s operations center.
Emergency Expenditures. Whenever, by reason of circumstances beyond the reasonable control of the Manager, emergency expenditures are required to be made to insure that the operating standard specified herein is maintained or to protect life or property, the Manager may make emergency expenditures beyond the provisions of the Budget, provided that the expenditures for any single occurrence, or any related set of occurrences in the aggregate, may not exceed $50,000.00 without the written approval of the Owner.
