The Company shall have two (2) Managers, and BR Member and the TCR Member shall serve as the initial Managers.
Except as disclosed to BR Member, TCR Member (i) shall not fund any Capital Contribution with the "plan assets" of any "employee benefit plan" within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended, or any "plan" as defined by Section 4975 of the Code.
The TCR Member may allow the Company to utilize in the Company's business certain names, service marks, trademarks and logos that are proprietary to the TCR Member and its Affiliates (including the names "Trammel Crow Residential," "Alexan," and "TCR" and the "TCR" logo) or variants of such names, service marks, trademarks and logos.
The Company in all events will be required to cease use of all such names, service marks, trademarks and logos and all variants thereof if at any time the TCR Member is no longer a Manager of the Company.
The Total Project Budget may be modified only (i) as may be agreed to by the Members pursuant to Section 7.7, (ii) by the TCR Member to reallocate savings in a line item within the Total Project Budget to another line item within the Total Project Budget or (iii) as allowed by Section 4.2 of the Development Agreement.