Common use of Other Determinations Clause in Contracts

Other Determinations. The Borrower, the Agent and the Security Agent may establish procedures not inconsistent with this Agreement pursuant to which the Security Agent may conclusively determine, for purposes of this Agreement, the amounts from time to time to be distributed or paid by the Security Agent from cash available in the Accounts. In the event of any dispute as to any such amount, the Security Agent is authorized and directed to retain in its possession without liability to anyone all or any part of the cash available in the Accounts until such dispute shall have been settled by mutual agreement of the Borrower and the Agent or by a final order, decree or judgment of a Federal or State court of competent jurisdiction located in the State of North Carolina, and time for an appeal has expired and no appeal has been perfected, but the Agent or the Security Agent, as the case may be, shall be under no duty whatsoever to institute or defend any such proceedings.

Other Determinations. The BorrowerPartnership, the Agent Grantee and the Security Agent may shall establish procedures not inconsistent with this Agreement pursuant to which the Security Agent may conclusively determine, for purposes of this Agreement, the amounts from time to time to be distributed or paid by the Security Agent from cash available in the Accounts. In the event of any dispute as to any such amount, the Security Agent is authorized and directed to retain in its possession without liability to anyone all or any part of the cash available in the Accounts until such dispute shall have been settled by mutual agreement of the Borrower Partnership and the Agent Grantee or by a final order, decree or judgment of a Federal or State court of competent jurisdiction located in the State of North CarolinaCarolina or the State of New York, and time for an appeal has expired and no appeal has been perfected, but the Security Agent or the Security Agent, as the case may be, shall be under no duty whatsoever to institute or defend any such proceedings.