Hotel Employees. 14.01 Employees ---------
Hotel Employees. Seller agrees that Buyer will in no ---------------- way be liable for any employees, or for any employment agreements or union contracts with respect to employees, working at the Hotel (the "Hotel Employees"), other than termination or severance payments, if any, due to a Hotel Employee arising solely as a result of a termination of such Hotel Employee. In particular, Seller will not, and will not authorize the Manager to, between the date hereof and the date of Closing, enter into any employment or union contracts or agreements that will be binding on Buyer, the entity to which Buyer leases the Hotel ("Lessee") or any manager retained by the Lessee to manage the Hotel ("New Manager") on or after the Closing. None of Buyer, Lessee and New Manager will be obligated to pay any amount to or on behalf of any Hotel Employees for any period prior to Closing. None of Buyer, Lessee and New Manager shall have any liability (accrued or unaccrued) under any pension, welfare or profit sharing plan that Seller or Manager or any other party may have established with respect to any Hotel Employees. Seller shall pay at Closing all accrued (whether earned or unearned) salaries, wages, bonuses, profit-sharing, and other compensation, vacation, sick leave, worker's compensation, and welfare benefits, deferred compensation, savings, pension, profit sharing, 401K, retirement plan and insurance and other benefits through the day preceding the Closing Date of all Hotel Employees, whether or not employed by whichever of Buyer, Lessee or New Manager shall be the employer from and after the Closing Date (the "New Employer"), and for all liabilities of whatever kind with respect to all Hotel Employees who are not employed by the New Employer (except as specifically set forth in this Section with respect to (i) termination or severance payments, if any, due to a Hotel Employee arising solely as a result of a termination of such Hotel Employee and (ii) matters as to which Buyer has agreed to indemnify Seller). Without limiting the generality of the foregoing, Seller shall be responsible for all obligations under group health plan continuation coverage rules under part 6 of Title I of ERISA and
Hotel Employees. No Seller, Hotel or applicable property manager shall enter into any union contracts or other agreements with any employees or independent contractors at or relating to the Hotels which would be the responsibility of Purchaser from and after the applicable Closing without advance notice to, and the written consent of, Purchaser. No Seller, Hotel or applicable property manager shall take any action with respect to individuals or independent contractors employed or providing services at or relating to any Hotel or Property (or any portion thereof) that could result in liability being incurred by Purchaser under any law or claim pertaining to the employment of individuals employed at or relating to a Hotel or Property (or any portion thereof), including, but not limited to, under the Worker Adjustment Retraining and Notification Act or similar state or local laws (the “WARN Act”), without advance notice to, and the written consent of, Purchaser.
Hotel Employees. Purchaser shall, or shall cause its Permitted Assignee(s) or their respective agents (which may include, without limitation, Crestline Hotels & Resorts, LLC or any other property manager) to offer employment, effective as of the day of the Closing, to a sufficient number of employees employed at (including those employed by a property manager) each of the Hotels acquired by Purchaser or its Permitted Assignee(s) under this Agreement, that would reasonably be expected to result in neither Sellers nor their respective agents under the Management Agreements having any liability under the WARN Act with regards to any such Hotel. Sellers shall provide such information to Purchaser as is necessary for Purchaser to determine the minimum number of employees to be offered employment pursuant to the preceding sentence. Notwithstanding anything herein to the contrary, none of Purchaser, its Permitted Assignee(s) or their respective agents shall assume any compensation, severance, WARN Act or other obligations or liabilities with respect to (i) any employees of and/or independent contractors providing services at or relating to the Hotels for services rendered prior to the Closing and/or (ii) any employees and/or independent contractors at or relating to any of the Hotels for any period who are not offered and/or who do not accept an offer of employment from Purchaser, its Permitted Assignee(s) or their respective agents.
Hotel Employees. Subject to Section 4.5(a), Manager will establish and implement all employment policies for Hotel Employees, including salaries, wages, fringe benefits, other compensation, recruitment, hiring, relocation, transfer, discharge and retirement, severance and other benefit plans in accordance with Manager’s standard policies, subject to reasonable variances Manager establishes for the Hotel.
Hotel Employees. Upon the expiration or termination of this Lease, unless a different proration or allocation of these items was made between Lessor and Lessee on the commencement of this Lease, Lessee shall pay or cause to be paid, with respect to all of the employees working at the Facility (the "Hotel Employees"), all sums due or payable to them, for the period up to an including the termination date, all accrued (whether or not earned) wages, salaries, bonuses, vacation, sick, bereavement, personal and other similar days or benefits, workers' compensation, welfare benefits, deferred compensation, savings, pension, profit-sharing, 401K and other retirement plan payments, and similar payments, reimbursements or benefits, and Lessee expressly indemnifies Lessor and any successor employer of any or all of the Hotel Employees from and against any and all liability therefor. If any of the Hotel Employees are covered by a multi-employer pension plan for which there is withdrawal liability under Title IV of the Employee Retirement Income Security Act of 1974 as amended, and provided the termination of this Lease is not due to an Event of Default hereunder by Lessee, Lessor shall assume or shall cause the successor employer to assume such withdrawal liability.
Hotel Employees. “Hotel Employees” means all those persons employed at the Hotel during Seller’s ownership of the Hotel at any time prior to Closing (whether employed by Seller or any Affiliate of Seller).
Hotel Employees. Seller acknowledges that Purchaser does not intend to hire or otherwise engage any of the Hotel Employees subsequent to the Closing.
Hotel Employees. On the Closing Date, the Seller shall or shall cause the employer of the Hotel Employees, to terminate the employment of all Hotel Employees. Purchaser shall have no obligation to hire the Hotel Employees. The provisions of this Section 5.12 shall survive the Closing. Sellers shall have sole and exclusive responsibility for any compliance, including all applicable notices, with the requirements, if any, of the Worker Adjustment and Retraining Notification Act.
Hotel Employees. Upon the expiration or termination of this ---------------- Lease, Lessee shall pay or cause to be paid, with respect to all of the employees working at the Facility (the "Hotel Employees"), all sums due or payable to them, for the period up to an including the termination date, all accrued (whether or not earned) wages, salaries, bonuses, vacation, sick, bereavement, personal and other similar days or benefits, workers' compensation, welfare benefits, deferred compensation, savings, pension, profit-sharing, 401K and other retirement plan payments, and similar payments, reimbursements or benefits, and Lessee expressly indemnifies Lessor and any successor employer of any or all of the Hotel Employees from and against any and all liability therefor.
