Common use of Determination of questions Clause in Contracts

Determination of questions. All questions with respect to this Election Form and Elections made by holders of shares of TBI Common Stock including, without limitation, questions relating to the time limits or effectiveness of revocation of any Elections and questions relating to computations as to allocations will be determined by Community and/or the Exchange Agent, whose determination shall be conclusive and binding. Community shall have the absolute right to reject any and all Election Forms and Letters of Transmittal not in proper form or to waive any irregularities in any such form, although it does not represent that it will do so. Community and/or the Exchange Agent may, but are not required to, take reasonable action to inform holders of TBI Common Stock of any defects and may take reasonable action to assist such holders to correct any such defects; however, neither Community nor the Exchange Agent is under any obligation to notify a holder of shares of TBI Common Stock of any defect in an Election Form.