Ultimate decision-making authority no joint control (2)
I, J and K enter into an agreement and set up a joint steering committee. Each party has one vote and two votes are needed to carry a motion. K has ultimate decision-making authority in cases where the joint steering committee cannot reach an agreement. For example, if no combination of I, J and K can agree with each other, K would have the ultimate decision-making authority.
There is not joint control, since there are multiple combinations of parties that could vote together and the contractual agreement does not specify which parties must agree. I and J could agree together, without needing the agreement of K, but that does not always have to be the case. K does not have control, despite its decision-making authority. That is, since K’s decision-making authority is conditional, K does not have control.
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