Common use of Manager’s System Policies Clause in Contracts

Manager’s System Policies. Owner acknowledges that Manager’s Affiliates operate other casino, racetrack, hotel, dining, retail, entertainment and other operations and that Manager or its Affiliates may derive benefits in addition to the fees and reimbursements paid hereunder, including in connection with marketing programs, the Total Rewards System, the Operating Limitations, the purchasing programs, the employment policies relating to the Managed Facilities Personnel or other programmatic or policy activities that may exist from time to time at the discretion of CEOC or its Affiliates and that extend through the majority of Gaming properties operated by Manager’s Affiliates (collectively, the “Manager’s System Policies”). Owner agrees that Manager will not be in violation of the Manager’s Standard of Care or in breach of its duties as agent hereunder when Manager follows the Manager’s System Policies, even if certain aspects of the Manager’s System Policies have the effect of providing greater benefit to the properties owned or operated by the Manager’s Affiliates collectively or third parties than to the Managed Facilities, so long as the Manager’s System Policies are Non-Discriminatory to the Managed Facilities in both design and implementation. The foregoing shall not be deemed to excuse any breach by Manager of any of the express provisions of this Agreement.

Manager’s System Policies. Owner acknowledges that Manager’s Affiliates operate other casino, racetrack, hotel, dining, retail, entertainment and other operations and that Manager or its Affiliates may derive benefits in addition to the fees and reimbursements paid hereunder, including in connection with marketing programs, the Total Rewards System, the Operating Limitations, the purchasing programs, the employment policies relating to the Managed Facilities Personnel or other programmatic or policy activities that may exist from time to time at the discretion of CEOC or its Affiliates and that extend through the majority of Gaming properties operated by Manager’s Affiliates (collectively, the “Manager’s System Policies”). Owner agrees that Manager will not be in violation of the Manager’s Standard of Care or in breach of its duties as agent hereunder when Manager follows the Manager’s System Policies, even if certain aspects of the Manager’s System Policies have the effect of providing greater benefit to the properties owned or operated by the Manager’s Affiliates collectively or third parties than to the Managed Facilities, so long as the Manager’s System Policies are Non-Discriminatory to do not specifically disfavor the Managed Facilities in both design and implementationor were not designed or implemented with the intent to disfavor the Managed Facilities. The foregoing shall not be deemed to excuse any breach by Manager of any of the express provisions of this Agreement.