Common use of Employment of Personnel Clause in Contracts

Employment of Personnel. Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate and maintain the Project; provided, however, that Manager may cause Owner to directly employ the personnel listed on Schedule 3 under the heading "Owner's Employees", which personnel shall operate under the supervision and direction of Manager. The remaining personnel on Schedule 3 shall also be under the supervision and direction of Manager. Manager may, in its discretion, cause additional or fewer on-site employees to be employed either by Owner, Manager or a subcontractor for the benefit of the Project as it deems necessary or appropriate in order to manage the Project in a first-class manner consistent with comparable projects in the area; provided, however, that employment of any additional on-site employees for which no provision has been made in the Annual Plan must have the prior written consent of Owner. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees, as well as union negotiation and compliance with laws and regulations dealing with employee matters, shall be coordinated by Manager; provided, however, that Owner shall have the right to request that any particular employee be prohibited from working at or for the benefit of the Project. The wages, salaries and other compensation paid to employees of the Project, and to others who perform special services for the benefit of the Project, shall be paid in accordance with Article IX hereof. This Agreement is not one of employment of Manager by Owner, but one with Manager engaged as an independent contractor in the business of property management. In the event that any expenses are attributable in part to the Project and in part to other properties owned and managed by Manager, such expenses shall be prorated by Manager as appropriate from time to time and in a manner agreeable to Owner and Manager. Upon request by Owner, Manager will submit to Owner a report of all such prorations.

Employment of Personnel. Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate and maintain the Project; provided, however, that Manager may cause Owner to directly employ the personnel listed on Schedule 3 as and to the extent necessary to fulfill its obligations under the heading "Owner's Employees"this Agreement, which personnel shall operate under the supervision and direction of Manager. The remaining personnel on Schedule 3 shall also be under the supervision and direction of Manager. Manager may, in its discretion, cause additional or fewer on-site employees to be employed either by Owner, Manager or a subcontractor for the benefit of the Project as it deems necessary or appropriate in order to manage the Project in a first-class manner consistent with comparable projects in the areaarea (after taking into consider the management rights and responsibilities reserved or allocated to any tenant of the Project); provided, however, that employment of any additional on-site employees for which no provision has been made in the Annual Plan must have the prior written consent of Owner. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees, as well as union negotiation and compliance with laws and regulations dealing with employee matters, shall be coordinated by Manager; provided, however, that Owner shall have the right to request that any particular employee be prohibited from working at or for the benefit of the Project. The wages, salaries and other compensation paid to employees of the Project, and to others who perform special services for the benefit of the Project, shall be paid in accordance with Article IX 9 hereof. This Agreement is not one of employment of Manager by Owner, but one with Manager engaged as an independent contractor in the business of property management. In the event that any expenses are attributable in part to the Project and in part to other properties owned and managed by Manager, such expenses shall be prorated by Manager as appropriate from time to time and in a manner agreeable to Owner and Manager. Upon request by Owner, Manager will submit to Owner a report of all such prorations.

Employment of Personnel. In addition to the requirements of Section 2.1(b), Property Manager shall have in agrees to hire, pay, supervise and discharge, as appropriate, all employees necessary for the performance of its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate and maintain the Project; provided, however, that Manager may cause Owner to directly employ the personnel listed on Schedule 3 obligations under the heading "Owner's Employees", which this Agreement. All such personnel shall operate under be the supervision employees or independent contractors of Property Manager and direction of Manager. The remaining personnel on Schedule 3 shall also be under the supervision and direction of Manager. Manager may, in its discretion, cause additional or fewer on-site employees to be employed either by Owner, Manager or a subcontractor for the benefit of the Project as it deems necessary or appropriate in order to manage the Project in a first-class manner consistent with comparable projects in the area; provided, however, that employment of any additional on-site employees for which no provision has been made in the Annual Plan must have the prior written consent not of Owner. All matters pertaining to the employment, supervision, compensation, promotion and discharge employment of such employeesemployees or independent contractors shall be the sole responsibility of Property Manager, as well as union negotiation and compliance Owner shall bear absolutely no responsibility or liability therefore. Property Manager shall fully comply with all applicable laws and regulations dealing with employee mattersconcerning workers compensation, shall be coordinated by Manager; providedsocial security, howeverunemployment, that Owner tax withholding and reporting, hours of labor, wages, working conditions and all other laws affecting or respecting the employment of such employees or independent contractors. Property Manager shall have no authority to enter into any employment contract which purports to be on behalf of Owner or which otherwise obligates Owner in any respect. Owner reserves the right from time to request time and at any time to require that employees presently or prospectively performing any particular employee aspect of services hereunder be prohibited subject to a satisfactory security check performed by or on behalf of Property Manager. Property Manager shall hold Owner harmless from working at all claims for penalties, costs and damages that may be assessed under any law or for any rule or regulation thereunder with respect to its failure to comply with the benefit of the Projectforegoing responsibilities. The wages, salaries and other compensation paid to employees of the ProjectProperty Manager represents that it is, and will continue to others who perform special services for the benefit of the Projectbe, shall be paid in accordance with Article IX hereofan equal opportunity employer and will advertise as such. This Agreement is not one of employment of agency by Property Manager by for Owner, but one with pursuant to which Property Manager is engaged as an independent contractor in the business of property managementmanaging properties on its own behalf as an independent contractor. In As such, all employment arrangements are therefore solely Property Manager’s concern and Owner shall have no liability or obligation with respect thereto. Property Manager will, in the event that any expenses are attributable in part to the Project hiring of all employees and in part retaining independent contractors, use diligence to other properties owned select qualified, competent and managed by Manager, such expenses shall be prorated by Manager as appropriate from time to time trustworthy employees and in a manner agreeable to Owner and Manager. Upon request by Owner, Manager will submit to Owner a report of all such prorationsindependent contractors.

Employment of Personnel. Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate and maintain the Project; provided, however, that Manager may cause Owner to directly employ the personnel listed on Schedule 3 under the heading "“Owner's ’s Employees"” (if included) as and to the extent necessary to fulfill its obligations under this Agreement, which personnel shall operate under the supervision and direction of Manager. The remaining personnel on Schedule 3 shall also be under the supervision and direction of Manager. Manager may, in its discretion, cause additional or fewer on-site employees to be employed either by Owner, Manager or a subcontractor for the benefit of the Project as it deems necessary or appropriate in order to manage the Project in a first-class manner consistent with comparable World Trade Center Garage projects in the areaarea (after taking into consider the management rights and responsibilities reserved or allocated to any tenant of the Project); provided, however, that employment of any additional on-site employees for which no provision has been made in the Annual Plan must have the prior written consent of Owner. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees, as well as union negotiation and compliance with laws and regulations dealing with employee matters, shall be coordinated by Manager; provided, however, that Owner shall have the right to request that any particular employee be prohibited from working at or for the benefit of the Project. The wages, salaries and other compensation paid to employees of the Project, and to others who perform special services for the benefit of the Project, shall be paid in accordance with Article IX 9 hereof. This Agreement is not one of employment of Manager by Owner, but one with Manager engaged as an independent contractor in the business of property management. In the event that any expenses are attributable in part to the Project and in part to other properties owned and managed by Manager, such expenses shall be prorated by Manager as appropriate from time to time and in a manner agreeable to Owner and Manager. Upon request by Owner, Manager will submit to Owner a report of all such prorations.

Employment of Personnel. Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate and maintain the Project; provided, however, that Manager may cause each Property (no Owner to shall directly employ any of such personnel) as and to the personnel listed on Schedule 3 extent necessary to fulfill its obligations under the heading "Owner's Employees"this Agreement, which personnel shall be employees of and shall operate under the supervision and direction of Manager. The remaining All personnel on Schedule 3 2 shall also be under the supervision and direction of Manager. Manager may, in its discretion, cause additional or fewer on-site employees to be employed either by Owner, Manager or a subcontractor for the benefit of the Project any Property as it deems necessary or appropriate in order to manage the Project such Property in a first-class manner consistent with comparable projects in the areaarea (after taking into consideration the management rights and responsibilities reserved or allocated to any tenant of such Property); provided, however, that employment of any additional on-site employees for which no provision has been made in the applicable Annual Plan must have the prior written consent of the applicable Owner. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees, as well as union negotiation and compliance with laws and regulations dealing with employee matters, shall be coordinated by Manager; provided, however, that each Owner shall have the right to request that any particular employee be prohibited from working at or for the benefit of the Projectsuch Owner’s Property. The wages, salaries and other compensation paid to employees of the Projectany Property, and to others who perform special services for the benefit of the Projectany Property, shall be paid in accordance with Article IX 9 hereof. This Agreement is not one of employment of Manager by an Owner, but one with Manager engaged as an independent contractor in the business of property management. In the event that any expenses are attributable in part to the Project Properties and in part to other properties owned and managed by Manager, such expenses shall be prorated by Manager as appropriate from time to time and in a manner agreeable to each Owner and Manager. Upon request by an Owner, Manager will submit to such Owner a report of all such prorations.

Employment of Personnel. Manager shall have in its employ at all times a sufficient number of capable employees to enable it to properly, adequately, safely and economically manage, operate and maintain the Project; provided, however, that Manager may cause Owner to directly employ the personnel listed on Schedule 3 under the heading "“Owner's ’s Employees"”, which personnel shall operate under the supervision and direction of Manager. The remaining personnel on Schedule 3 shall also be under the supervision and direction of Manager. Manager may, in its discretion, cause additional or fewer on-site employees to be employed either by Owner, Manager or a subcontractor for the benefit of the Project as it deems necessary or appropriate in order to manage the Project in a first-class manner consistent with comparable projects in the area; provided, however, that employment of any additional on-site employees for which no provision has been made in the Annual Plan must have the prior written consent of Owner. All matters pertaining to the employment, supervision, compensation, promotion and discharge of such employees, as well as union negotiation and compliance with laws and regulations dealing with employee matters, shall be coordinated by Manager; provided, however, that Owner shall have the right to request that any particular employee be prohibited from working at or for the benefit of the Project. The wages, salaries and other compensation paid to employees of the Project, and to others who perform special services for the benefit of the Project, shall be paid in accordance with Article IX hereof. This Agreement is not one of employment of Manager by Owner, but one with Manager engaged as an independent contractor in the business of property management. In the event that any expenses are attributable in part to the Project and in part to other properties owned and managed by Manager, such expenses shall be prorated by Manager as appropriate from time to time and in a manner agreeable to Owner and Manager. Upon request by Owner, Manager will submit to Owner a report of all such prorations.