GENERAL SERVICES BY OPERATOR Sample Clauses
GENERAL SERVICES BY OPERATOR. 3.1. During the Operating Term, Operator, as agent and for the account of Lessee, shall in accordance with the Budgets (as defined in Section 9.4) and the other applicable provisions of this Agreement, and only to the extent Lessee has provided sufficient funds therefor, either through Hotel operations or directly from Lessee:
A. Recruit, train, direct, supervise, employ and dismiss on-site staff (the "HOTEL EMPLOYEES") for the operation of the Hotel, and in connection therewith establish and maintain an affirmative action plan for the Hotel;
B. Develop and implement advertising, marketing, promotion, publicity and other similar programs for the Hotel;
(i) Negotiate and enter into leases, licenses and concession agreements (collectively, the "LEASES") for stores, office space and lobby space at the Hotel, collect the rent under such Leases and otherwise administer the Leases and (ii) negotiate and enter into contracts for the provision of services to the Hotel; provided, however, that without Lessee's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, Operator shall not enter into or renew (other than with respect to mandatory renewals) any such Lease or contract unless the same is either provided for in an approved Budget or is for a term of no more than one (1) year.
D. Apply for, process and take all necessary steps to procure and keep in effect in Lessee's name (or, if required by the licensing authority, in Operator's name or both) all licenses and permits required for the operation of the Hotel;
E. Purchase all FF&E, Operating Equipment and Operating Supplies necessary for the operation of the Hotel;
F. Provide routine accounting and purchasing services as required in the ordinary course of business;
G. Comply with all applicable laws, ordinances, regulations, rulings and orders of governmental authorities affecting or issued in connection with the Hotel, as well as with orders and requirements of any board of fire underwriters or any other body which may exercise similar functions, so long as Lessee promptly delivers to Operator any notice of violation thereof received by Lessee;
H. Cause all needed repairs and maintenance to the Hotel to be made;
I. Intentionally deleted;
J. Subject to Section 3.2 below, use commercially reasonable efforts to operate the Hotel in accordance with the any mortgage, deed of trust and/or hotel franchise agreement (collectively, "MAJOR AGREEMENTS"); and
K. Provide such other servic...
GENERAL SERVICES BY OPERATOR. 3.1. During the Operating Term (and, as applicable, the Start-up Period), Operator, as agent and for the account of Owner, shall in accordance with the Budgets (as defined in Section 9.4) and the other applicable provisions of this Agreement and subject to the availability of funds:
A. Provide first class breakfast, lunch and dinner to the Managed Outlet comparable to other Daily Grill operations from 6:30am to at least 11 :0Opm, seven (7) days each week, three hundred sixty-five (365) days a year. The menu and pricing for the Managed Outlet and banquets shall be at a price comparable to other Daily Grill locations and subject to the prior reasonable approval of Hotel Operator.
B. Provide first class food and beverage service for banquet and catering events at Operator's standard menu pricing, subject to the reasonable prior approval of Hotel Operator, for any events scheduled by the Hotel. Operator shall add a fixed fifteen percent (15%) service charge to all banquet checks.
C. Provide first class room service operations for breakfast, lunch and dinner during the hours when the Restaurant is open for business, seven (7) days each week, three hundred sixty-five (365) days a year. Room service menu prices shall not be greater than fifteen percent (15%) above the prices on the dining room menu without the prior written consent of Owner. A fixed gratuity of fifteen percent (15%) or a reasonable delivery charge (at Operator's discretion, subject to the approval of Owner, such approval not to be unreasonably withheld) may be charged on all room service orders and will be clearly indicated on the Hotel guest check.
D. Recruit, train, direct, supervise, employ and dismiss on-site staff ("Managed Outlet Employees") for the operation of the Managed Outlet, and at Operator's expense provide such corporate supervisory personnel as it deems necessary at its corporate offices to oversee management of the Managed Outlet.
E. Develop and implement advertising, marketing, promotion, publicity and other similar programs for the Managed Outlet, in accordance with this Agreement and the Budgets or as otherwise approved by Owner.
F. Negotiate and enter into contracts for the provision of services to the Managed Outlet; provided, however, that any contract for an amount in excess of $25,000 per year; which has a term in excess of two years, with any affiliate of Operator or affiliate, which would result in a lien or encumbrance on the Restaurant or Hotel or which is not termina...
GENERAL SERVICES BY OPERATOR. 1Scope of Services During the Term, Operator, for the account of Owner, shall in accordance with the applicable provisions of this Agreement, and only to the extent Owner has provided sufficient funds therefor, either through Hotel operations or directly from Owner:
GENERAL SERVICES BY OPERATOR. 3.1. Owner hereby engages Operator as the exclusive operator and manager of the Hotel during the Operating Term and Operator hereby accepts such engagement. In exercising its duties hereunder Operator shall act as agent and for the account of Owner and, subject to the terms of this Agreement, the Major Agreements and the applicable Budgets, Operator shall have control and discretion in the operation, direction, management and supervision of the Hotel. Such control and discretion of Operator shall include, without limitation, the determination of credit policies (including entering into agreements with credit card organizations), terms of admittance, charges for rooms, food and beverage policies, entertainment and amusement policies, leasing, licensing and granting of concessions for commercial space at the Hotel, and all phases of advertising, promotion and publicity relating to the Hotel. All services and goods provided by Operator hereunder shall be provided at cost and without additional charge or mark-up for profit, except as otherwise expressly provided in this Ag▇▇▇▇ent. Without derogating from the generality of the above statements, Operator's duties shall include the following:
A. Recruit, train, direct, supervise, employ and dismiss on-site staff (the "HOTEL EMPLOYEES") for the operation of the Hotel;
B. Develop and implement advertising, marketing, promotion, publicity and other similar programs for the Hotel;
C. On and after the date hereof, (i) on behalf of Owner, negotiate and enter into leases, licenses and concession agreements (collectively, the "LEASES") for stores, office space and lobby space at the Hotel, collect the rent under such Leases and otherwise administer the Leases and (ii) negotiate and enter into contracts for the provision of services to the Hotel; provided, however, that without Owner's prior written approval, which shall not be unreasonably withheld, conditioned or delayed, Operator shall not enter into or renew (other than with respect to mandatory renewals)
(a) any contract for the provision of services to the Hotel unless the same (x) is terminable upon not more than thirty (30) days' notice without payment of premium and penalty and requires payments of not more than $10,000 annually, or (y) is provided for in the applicable Budget, or (b) any new Lease.
D. Apply for, process and take all necessary steps to procure and keep in effect in Owner's name (or, if required by the licensing authority, in Operator's name or bo...
GENERAL SERVICES BY OPERATOR