Operator and Food and Beverage Operators Sample Clauses

Operator and Food and Beverage Operators. The initial Operator (i.e. Morgans Hotel Group Management LLC, a Delaware limited liability company), and the initial Food and Beverage Operator(s) (i.e. 495 Xxxxx LLC, a Delaware limited liability company, SC Xxxxx LLC, a Delaware limited liability company, and China Grill Management BD, Inc., a Florida corporation), each as identified in Exhibit B attached hereto, have been approved by Lessor. Each successor Operator, and each successor Food and Beverage Operator which is an Affiliate of Lessee or Operator, shall be subject to the prior written approval of Lessor, which approval shall not be unreasonably withheld or delayed. No replacement of or change in any Operator, or any Food and Beverage Operator for which Lessor’s approval is required as provided herein, shall be made or permitted without obtaining Lessor’s prior written consent, which consent shall not be unreasonably withheld or delayed. Prior to giving or withholding approval of an Operator or any Food and Beverage Operator, Lessor shall have received from Lessee such information concerning the Operator or Food and Beverage Operator, as applicable, as Lessor shall reasonably require, including, without limitation, (i) evidence that the Operator has a demonstrated history of successfully operating Luxury Hotels, or that the Food and Beverage Operator has a demonstrated history of successfully operating food and beverage services in Luxury Hotels, in either case whether in the City or other areas of the United States, (ii) evidence that the Operator or Food and Beverage Operator, as applicable, or any corporate family of which the Operator or Food and Beverage Operator, as applicable, is a member, has sufficient financial resources to ensure the faithful and timely performance of the Operator or Food and Beverage Operator, as applicable, under the Management Agreement or the Food and Beverage Agreement, as applicable, and (iii) the absence of any litigation or other proceedings to which the Operator or Food and Beverage Operator, as applicable, is a party that would create a reasonable concern regarding the reputation or management skills of the Operator or Food and Beverage Operator, as applicable. Without limiting the circumstances in which Lessor may be deemed to be reasonable in withholding approval of any Operator, or Food and Beverage Operator for which Lessor’s approval is required hereunder, Lessor shall be deemed to be reasonable in withholding its approval of any Operator or Food and Be...
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Related to Operator and Food and Beverage Operators

  • Operator The Optionee shall be the operator for purposes of developing and executing exploration programs.

  • HORIZONR Gateway HORIZONR Gateway provides customers with the ability to (i) generate reports using information maintained on the Multicurrency HORIZONR Accounting System which may be viewed or printed at the customer’s location; (ii) extract and download data from the Multicurrency HORIZONR Accounting System; and (iii) access previous day and historical data. The following information which may be accessed for these purposes: 1) holdings; 2) holdings pricing; 3) transactions, 4) open trades; 5) income; 6) general ledger and 7) cash.

  • Fitness Center Subject to the provisions of this Section, so long as Tenant is not in Default under this Lease, and provided Tenant’s employees execute a standard waiver of liability form used at the Fitness Center (hereinafter defined) and pay the applicable one time or monthly fee, then Tenant’s employees (the “Fitness Center Users”) shall be entitled to use the KINETIC fitness center (the “Fitness Center”) in the building located at 600 Xxxxxxx Xxxxxx Xxxxx, Xxxxxxx Xxxxx, Xxxxxxxxxx. The use of the Fitness Center shall be subject to the rules and regulations (including rules regarding hours of use) established from time to time by the Fitness Center operator. Landlord and Tenant acknowledge that the use of the Fitness Center by the Fitness Center Users shall be at their own risk. Tenant acknowledges that the provisions of this Section shall not be deemed to be a representation by Landlord that the Fitness Center (or any other fitness facility) shall be continuously operated and maintained throughout the Term of this Lease, and no termination of Tenant’s or the Fitness Center Users’ rights to the Fitness Center shall entitle Tenant to an abatement or reduction in Basic Rent, constitute a constructive eviction, or result in an event of default by Landlord under this Lease. Tenant hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury or property damage occurring to Tenant or its employees or agents arising as a result of the use of the Fitness Center, or any activities incidental thereto, wherever or however the same may occur, and further agrees that Tenant will not prosecute any claim for personal injury or property damage against Landlord or any of its officers, agents, servants or employees for any said causes of action. It is the intention of Tenant with respect to the Fitness Center to exempt and relieve Landlord from liability for personal injury or property damage caused by negligence. Tenant’s rights hereunder to permit its employees to use the Fitness Center shall belong solely to Tenant and may not be transferred or assigned without Landlord’s prior written consent, which may be withheld by Landlord in Landlord’s sole discretion.

  • Franchisee A “franchisee” is a retailer or distributor who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of motor fuel.

  • Landlord and Storage Agreements Upon request, provide Agent with copies of all existing agreements, and promptly after execution thereof provide Agent with copies of all future agreements, between an Obligor and any landlord, warehouseman, processor, shipper, bailee or other Person that owns any premises at which any Collateral may be kept or that otherwise may possess or handle any Collateral.

  • Business and Operations Borrower will continue to engage in the businesses presently conducted by it as and to the extent the same are necessary for the ownership, maintenance, management and operation of the Property. Borrower will qualify to do business and will remain in good standing under the laws of each jurisdiction as and to the extent the same are required for the ownership, maintenance, management and operation of the Property.

  • Red Flags Services (1) The provisions of this Section 3(c) (the “Red Flags Section”) shall apply in the event the Fund elects to receive the “Red Flags Services”, which are hereby defined to mean the following services:

  • Existing Management and Franchise Agreements Seller has furnished to Buyer true and complete copies of the Existing Management Agreement and the Existing Franchise Agreement, which constitutes the entire agreement of the parties thereto with respect to the subject matter thereof and which have not been amended or supplemented in any respect. There are no other management agreements, franchise agreements, license agreements or similar agreements for the operation or management of the Hotel or relating to the Brand, to which Seller is a party or which are binding upon the Property, except for the Existing Management Agreement and the Existing Franchise Agreement. The Improvements comply with, and the Hotel is being operated in accordance with, all requirements of such Existing Management Agreement and the Existing Franchise Agreement and all other requirements of the Existing Manager and the Franchisor, including all “brand standard” requirements of the Existing Manager and the Franchisor. The Existing Management Agreement and the Existing Franchise Agreement are in full force and effect, and shall remain in full force and effect until the termination of the Existing Management Agreement and the Existing Franchise Agreement at Closing, as provided in Article V hereof. No default has occurred and is continuing under the Existing Management Agreement or the Existing Franchise Agreement, and no circumstances exist which, with the giving of notice, the lapse of time or both, would constitute such a default.

  • Use of Electrical Services by Tenant Tenant's use of electrical services furnished by Landlord shall be subject to the following:

  • PRODUCER S DELIVERY AND IID ACCEPTANCE OF ENERGY FROM PLANT ----------------------------------------------------------- Whenever electric output from the Plant exceeds Producer's power requirements, Producer shall deliver all such excess output to IID for delivery to SCE and IID shall accept such output for delivery to SCE and deliver such output to SCE pursuant to a transmission service agreement to be entered into between Producer and IID.

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