Centralized or Pooled Purchasing Clause Samples
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Centralized or Pooled Purchasing. Manager may, with Owner’s consent, which shall not be unreasonably withheld or delayed, cause the Project to participate, along with other hotels owned, managed or franchised by Manager or one of its Affiliates, in one or more centralized or pooled. purchasing programs or arrangements for the procurement of goods or services used in connection with the operation of the Project, provided, however, that the terms of any such program or arrangement shall be no less favorable to the Project in any material respect than those reasonably obtainable from an unrelated party (and, in that regard, upon Owner’s written request, Manager shall follow the same bid procedure under this Section 3.6 with respect to the goods and services as provided in Section 3.5). Owner acknowledges that Manager from time to time may receive certain volume discounts, refunds, rebates or bonuses in connection with its centralized or pooled purchasing programs or arrangements. Any such refunds, rebates or bonuses that are reasonably allocable to the Project in a fair and equitable manner will be paid into the Operating Accounts. Any refunds, rebates or bonuses attributable to hotels owned by Manager or its Affiliates may be retained by Manager or such Affiliates. Any such refunds, rebates or bonuses received by Manager or its Affiliates that are not reasonably allocable to the Project may be retained by Manager or its Affiliates.
Centralized or Pooled Purchasing. Manager may cause the Project to participate, along with other hotels owned, managed or franchised by Manager or one of its Affiliates, in one or more centralized or pooled purchasing programs or arrangements for the procurement of goods or services used in connection with the operation of the Project, provided, however, that the terms of any such program or arrangement shall be no less favorable to the Project in any material respect than those reasonably obtainable from an unrelated party.
Centralized or Pooled Purchasing. Manager may cause the Hotel to participate, along with other hotels owned, managed or franchised by Manager or one of its Affiliates, in one or more centralized or pooled purchasing programs or arrangements for the procurement of goods or services used in connection with the operation of the Hotel, provided, however, that the terms of any such program or arrangement shall be no less favorable to the Hotel in any material respect than those reasonably obtainable from an unrelated party. Owner acknowledges and agrees that certain of such contracts and arrangements may include termination charges and that, upon the expiration or termination of this Agreement, Owner shall be responsible for any such termination charges arising from such expiration or termination (unless any such contract or contracts are assumable by Owner and Owner elects to so assume such contract or contracts, as they relate to the Hotel, upon such expiration or termination). Owner also acknowledges that Manager from time to time may receive certain volume discounts, refunds, rebates or bonuses in connection with its centralized or pooled purchasing programs or arrangements. Any such refunds, rebates or bonuses that are reasonably allocable to the Hotel in a fair and equitable manner will be paid into the Depository Account. Any refunds, rebates or bonuses attributable to other hotels managed by Manager or its Affiliates may be retained by Manager or such Affiliates. Any such refunds, rebates or bonuses received by Manager or its Affiliates that are not reasonably allocable to the Hotel may be retained by Manager or its Affiliates. Owner reserves the right, at owner’s sole cost and expense, to audit any centralized or pooled purchasing program to ensure compliance with section 3.6.