Owner’s Approval. The Design Professional acknowledges and agrees that the Owner does not undertake to approve or pass upon matters of professional service and the Owner, therefore, assumes no responsibility for such. The Design Professional acknowledges and agrees that the Owner’s approval or acceptance of the Design Professional's services is limited to the function of determining whether there has been compliance with the Owner’s Program. The Owner does not undertake to inquire into the adequacy, fitness, or correctness of Professional Services. The Design Professional agrees that no approval of services by any person, body, or agency shall relieve the Design Professional of its responsibility for the adequacy, fitness, suitability, and/or correctness of its Professional Services.
Owner’s Approval. With respect to those activities of Manager hereunder which require Owner's approval of such activity or the cost thereof, if Owner fails to approve either the activity or the costs, which Owner may do in its sole and absolute discretion, then Manager shall not be responsible to provide the activity until Owner's approval is obtained. Manager shall be obligated to timely seek approval of such matters from Owner. So long as Manager has acted timely and diligently and has provided Owner with all relevant information, Manager shall not be responsible for any direct loss, cost or expense arising from its failure to act.
Owner’s Approval. Owner shall approve or disapprove Manager's proposed Annual Plan within thirty (30) days after receipt thereof. Owner shall specify the reasons for any disapproval. Owner's failure to respond within such thirty (30)-day period shall be deemed to be an approval of the Annual Plan as submitted. Upon Manager's timely receipt from Owner of a notice of disapproval or a request for supplemental information regarding the proposed Annual Plan or any component thereof, Manager shall diligently undertake to modify the disapproved matters or to provide Owner with such requested supplemental information. Owner and Manager shall act in good faith in order to agree upon each Annual Plan and provide for the continued orderly operation of the Property. Pending the resolution of any such dispute, the submitted Annual Plan shall control with the sole exception of those specific items not approved by Owner, and the Annual Plan for the preceding Fiscal Year (exclusive of any line items relating to expenditures for specified capital works which shall be established by Owner) shall control with respect to those specific items not approved by Owner; provided, however, that unless Owner and Manager otherwise agree:
Owner’s Approval. Owner will review the Annual Plan within fifteen (15) days after receiving such Annual Plan. Within fifteen (15) days after Owner completes its review, Owner and Manger will meet at Manager's offices to discuss Owners comments and to review Manager's financial and operational analysis. If an agreement is not reached by the first day of the Operating Year, the Annual Plan will be based on actual results of the previous Operating Year.
Owner’s Approval. Whenever it is indicated in this Agreement or any document, which this Agreement refers to or incorporates by reference that our approval of something is required, this means that you must first obtain our prior written approval. If our prior written approval is required, you agree to submit a written request to us which will describe the action you propose to take and requ est us to give our prior written approval.
Owner’s Approval. Owner shall approve or disapprove Manager's proposed Annual Plan within thirty (30) days after receipt thereof. Owner shall specify the reasons for any disapproval. Owner's failure to respond within such thirty (30)-day period shall be deemed to be an approval of the Annual Plan as submitted. Upon Manager's timely receipt from Owner of a notice of disapproval or a request for supplemental information regarding the proposed Annual Plan or any component thereof, Manager shall diligently undertake to modify the disapproved matters or to provide Owner with such requested supplemental information. Owner and Manager shall act in good faith in order to agree upon each Annual Plan and provide for the continued orderly operation of the Property. Pending the resolution of any such dispute, the submitted Annual Plan shall control with the sole exception of those specific items not approved by Owner, and the Annual Plan for the preceding Fiscal Year (exclusive of any line items relating to expenditures for specified capital works which shall be established by Owner) shall control with respect to those specific items not approved by Owner, provided, however, that unless Owner and Manager otherwise agree: (1) individual unapproved line items may be increased to such amount as may be necessary for Non-Discretionary Expenses and any Operating Expenses incurred in connection with any Emergency; (2) any other unapproved line item relating to Operating Expenses payable to third parties who are not Related Persons to Manager, or pursuant to existing contracts with third parties who are Related Persons to Manager which are known at that time to have increased or decreased in cost shall be increased or decreased, as applicable, to the then current level as of the end of such prior Fiscal Year; (3) any line items relating to expenditures for capital works or other capital expenditure in the Annual Plan for the preceding Fiscal Year shall be disregarded except where the capital expenditure approved for the preceding Fiscal Year remains to be paid in accordance with the approval: 19 <PAGE> (4) with respect to each other unapproved line item of the submitted Operating Budget, the amount for such line item set forth in the Operating Budget for the preceding Fiscal year shall be increased by five percent (5%). D.
Owner’s Approval. In any instance where Owner’s prior written approval is required under this Golf Agreement, Golf Manager may accept Hotel Manager’s representation that such Owner’s approval has been obtained by Hotel Manager unless Owner advises Golf Manager in writing to the contrary, excepting, however, in the case of the provisions in Sections 4.01(g), 4.01(s), 5.01, 8.02, 8.03, 9.01, 10.01, 12.01 and Article XXIV, and in the case of any amendment or termination of this Golf Management Agreement, Owner’s actual, direct written approval shall be required.
Owner’s Approval. Whenever Owner's approval or consent is required pursuant to this Agreement, such approval or consent shall be deemed withheld unless Owner notifies Property Manager in writing, within five (5) business days following receipt by Owner of such information as Owner deems necessary to make such decision, that Owner approves or grants consent.
Owner’s Approval. JTT has obtained the consent to this Agreement and the transactions reflected hereby by the unanimous vote of JTT’S Owners, and such Owners have agreed to vote in favor of the Transaction.
Owner’s Approval. The Annual Plan will be subject to the approval of Owner, which will not be unreasonably withheld or delayed. It is the intention of the parties to complete the review and approval of the proposed Annual Plan no later than thirty (30) days prior to the Opening Date and commencement of each Fiscal Year. Owner shall be required to approve or disapprove each proposed Annual Plan within thirty (30) days after the date of delivery to Owner of each such proposed Annual Plan by providing written notice to Manager. To be effective, any notice which disapproves a proposed Annual Plan must contain specific line item objections thereto in reasonable detail. If Owner fails to provide such written notice to Manager of any specific objections to a proposed Annual Plan within such thirty (30) day period, such Annual Plan shall be deemed to have been approved as submitted. Owner shall review the Budgets contained in the Annual Plan on a line-by-line basis. If Owner disapproves or raises any objections to any line items contained in the proposed Annual Plan or any revisions thereto, until otherwise mutually agreed, the undisputed portions (and, in the case of the Annual Plan for the first full Fiscal Year only, disputed portions, until such time as any disputed portion is resolved by arbitration or joint agreement) of the proposed Annual Plan shall be deemed to be adopted and approved. In the case of any Annual Plan after the Annual Plan for the first full Fiscal Year, the item corresponding to the disputed item and contained in the Annual Plan for the preceding Fiscal Year shall be substituted in lieu of the disputed portions of the proposed Annual Plan. In each instance where portions of the Annual Plan from the preceding Fiscal Year are deemed to be the Annual Plan in effect until a new Annual Plan is approved, the Budget items contained in the Annual Plan for the preceding Fiscal Year shall be automatically increased or decreased by a percentage equal to the percent of increase or decrease in the CPI during the preceding Fiscal Year. Calculation of the percent of increase or decrease in the CPI shall be made by Manager based upon the then most recently published CPI data at the time the calculation is made. If, notwithstanding such CPI increase, Manager and Owner do not reach agreement as to mutually acceptable Budgets within thirty (30) days after delivery of objection by Owner, the line item(s) of the Annual Plan objected to by Owner shall be submitted to and resolve...
