Common use of Change in Competitive Sets Clause in Contracts

Change in Competitive Sets. If Owner or Manager seeks a change in the list of the Comparable Manager Properties and/or the Operating Competitive Set from those listed on Schedules “1A” and/or “1B” respectively, for the reasons identified in this Section 2.16, (i) with respect to the Comparable Manager Properties (based upon the engagement by Manager or any of its ▇▇▇▇▇▇▇▇ Controlled Affiliates to operate properties previously not included in the list Comparable Manager Properties), the Party requesting such change shall notify the other in writing of such request; and (ii) with respect to the Operating Competitive Set (based on the commencement of operations of one or more casino/hotel properties in the Property’s market area, or based on any cessation of operations or significant change in operations (such as a change in operator or a change in market positioning) of any of the casino/hotel properties listed in the then current Operating Competitive Set), the Party requesting such change shall notify the other in writing of such request. In the event that the Parties have not reached agreement as to any such change hereby requested pursuant to clauses (i) or (ii) within thirty (30) days after the written notice of such request has been given, such dispute shall be submitted to an Industry Consultant in accordance with Section 17.16(c). A change to the Comparable Manager Properties and/or the Operating Competitive Set that is agreed upon by the Parties or is otherwise determined by an Industry Consultant shall be deemed effective as of the date of notice requesting such change.