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 services as are required under the terms of this Agreement or as are customarily performed without additional fee by management companies of similar properties in the area of the Hotel.
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GENERAL SERVICES BY OPERATOR. 3.1. During the Operating Term, Operator, as agent and for the account of LesseeOwner, shall in accordance with the Budgets (as defined in Section 9.4) and the other applicable provisions of this Agreement, Agreement and only subject to the extent Lessee has provided sufficient funds therefor, either through Hotel operations or directly from Lesseeavailability of funds:
A. Recruit, train, direct, supervise, employ and dismiss on-site staff (the "HOTEL EMPLOYEESHotel Employees") for the operation of the HotelHotel and, and in connection therewith establish and maintain an affirmative action plan for the Hotelwith Owner's approval, enter into collective bargaining agreements with unions representing such Hotel Employees;
B. Develop and implement advertising, marketing, promotion, publicity and other similar programs for the Hotel;
(i) Negotiate and Negotiate, enter into and, at Owner's direction, enforce leases, licenses and concession agreements (collectively, the "LEASESLeases") 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 negotiate, enter into and, at Owner's direction, enforce 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 LesseeOwner's name (or, 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 Maintain the Hotel in a good state of repair and in accordance with all applicable laws, ordinances, regulations, rulings and orders of governmental authorities affecting and the rules, regulations and orders of the local Board of Fire Underwriters or issued similar body and in accordance with all agreements (collectively, "Major Agreements") as to which the Hotel or Owner is bound (including, but not limited to, the Lease, mortgages, deeds of trust, ground leases, restrictive covenants, franchise agreements and insurance policies);
H. Represent Owner in connection with the Hotel, as well as with orders and requirements making 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 capital improvements to the Hotel or the renovation and refurbishment of the Hotel and to that end negotiate and enter into agreements for architectural, engineering, testing, consulting and construction services. Operator shall also establish and implement appropriate administrative and financial controls for any renovation or refurbishment of the Hotel, which shall include, but not be madelimited to, coordination and administration of the architect, general contractor and other professionals and consultants employed in connection with any renovation or refurbishment;
I. Intentionally deletedAt Owner's direction and with Owner's approval, institute, defend and settle any legal or administrative proceedings relating to the Hotel;
J. Subject to Section 3.2 below, use commercially Cooperate with Owner and any prospective purchasers or lenders in all reasonable efforts to operate respects in connection with any actual or proposed sale or refinancing of the Hotel in accordance with the any mortgage, deed of trust and/or hotel franchise agreement (collectively, "MAJOR AGREEMENTS")Hotel; and
K. Provide such other services as are required under the terms of this Agreement or as are customarily performed without additional fee by management companies of similar properties in first-class, full-service hotels or as are necessary for the area day-to-day operation, management and supervision of the Hotel.
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