Pre-Opening Sample Clauses
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Pre-Opening. Failure to timely fulfill any material term of the Pre-Opening Requirements shall be considered a breach of material compliance with the Charter pursuant to sections 160.405.7 and 160.405.8, RSMo, and shall be grounds for Sponsor intervention. Notwithstanding the immediately foregoing, the Sponsor may waive or modify the restrictions contained therein or may grant the Charter School an additional planning year upon good cause shown.
Pre-Opening. You may identify the Facility as a Chain Facility prior to the Opening Date, or commence operation of the Facility under a ▇▇▇▇ and using the System, only after first obtaining our approval or as permitted under and strictly in accordance with the System Standards Manual. If you identify the Facility as a Chain Facility or operate the Facility under a ▇▇▇▇ before the Opening Date without our express written consent, then in addition to our remedies under Sections 3.1 and 1 1.2, you will begin paying the Royalty to us, as specified in Section 7. 1, from the date you identify or operate the Facility using the ▇▇▇▇. We may delay the Opening Date until you pay the Royalty accruing under this Section.
Pre-Opening. [Pre-Opening Activities to be performed by Management Company from time to time at the appropriate time both prior to and after the Management Commencement Date and the payment of Pre-Opening Expenses will be addressed in the Pre-Opening Services Agreement to be entered into by the parties and attached to this Agreement as Exhibit B and by reference incorporated herein.][Delete if no pre-opening activities]
Pre-Opening. Six (6) months prior to the scheduled Commencement Date, Manager shall commence implementation of a pre-opening program which shall include all activities necessary to financially and operationally prepare the Gaming Facility for opening. To implement the pre-opening program, Manager shall prepare a comprehensive pre-opening budget which shall be submitted to the Board for its approval sixty (60) days after the Effective Date (“Pre-Opening Budget”). All costs and expenses of the pre-opening program shall be paid from the operating account(s) opened by Manager in the name of the Enterprise upon which only Enterprise’s designees shall be authorized to draw.
Pre-Opening. The School shall meet all of the Pre-Opening Conditions described in Attachment 2 by the identified dates. Failure to timely fulfill any term of the Pre-Opening Conditions shall be considered a material violation of conditions, standards or procedures provided for in the Contract and shall be grounds for District intervention, revocation of the charter, or termination of the Contract. The District may waive or modify the restrictions contained therein or may grant the School an additional planning year upon good cause shown.
Pre-Opening. Six (6) months prior to the scheduled Commencement Date, Manager shall commence implementation of a pre-opening program which shall include all activities necessary to financially and operationally prepare the Facility for opening. To implement the pre-opening program, Manager shall prepare a comprehensive pre-opening budget which shall be submitted to the Authority for its approval no later than seven (7) months prior to the scheduled Commencement Date ("Pre-Opening Budget"). The Pre-Opening Budget sets forth expenses which Manager anticipates to be necessary or desirable in order to prepare the Facility for the Commencement Date, including without limitation, cash for disbursements, Furnishings and Equipment and Operating Supplies, hiring, training, relocation and temporary lodging of employees, advertising and promotion, office overhead and office space (whether on or off the Property), and travel and business entertainment (including opening celebrations and ceremonies) ("Pre-Opening Expenses"). The Pre-Opening Budget shall be included in an Interim Promissory Note, the Interim Loan, or funded pursuant to the Loan Agreement. The Authority recognizes that the Pre-Opening Budget will have been prepared well in advance of the Commencement Date and will be intended only to be a reasonable estimate, subject to variation due to a number of factors, some of which will be outside of Manager's control (e.g. the time of completion, inflationary factors and varying conditions for the goods and services required). The Authority agrees that the Pre-Opening Budget may be modified from time to time, subject to approval of the Governing Board in accordance with the procedure established by Section 3.9 of this Agreement for adjustments to the Operating Budget and Annual Plan.
Pre-Opening. 22 5.01. Pre-Opening Budget.......................................................................22 5.02. Payment of Pre-Opening Expenses..........................................................22 5.03. Pre-Opening Hiring and Training of Employees.............................................23 5.04. Pre-Opening Inspection...................................................................24
Pre-Opening. Six (6) months prior to the scheduled Opening Date, Manager shall commence implementation of a pre-opening program which shall include all activities necessary to financially and operationally prepare the Facility for opening in accordance with a pre-opening budget which shall be submitted by Owner to Manager no later than seven (7) months prior to the scheduled Opening Date (“Pre-Opening Budget”). The Pre-Opening Budget shall set forth the expenses which Owner anticipates to be necessary or desirable in order to prepare the Facility for opening, including without limitation, cash for disbursements, FF&E and Operating Supplies, hiring, training, relocation and temporary lodging of employees, advertising and promotion, office overhead and office space (whether on or off the Facility), and travel and business entertainment (including opening celebrations and ceremonies) (“Pre-Opening Expenses”). The Manager agrees that the Pre-Opening Budget may be modified by Owner from time to time.
Pre-Opening. Owner shall provide all funds to pay any amounts or, as applicable, reimburse any deficiencies arising in connection with the following pre-opening expenses in accordance with a pre-opening budget prepared by Management Company and approved by Owner prior to the opening of the Hotel:
(i) payment of any application and/or other fees and expenses due in connection with obtaining the Franchise;
(ii) payment of all expenses (including, without limitation, any and all legal expenses) related to or arising in connection with obtaining the permits and/or licenses necessary for the operation of the Hotel or any facilities located therein, including, without limitation, any liquor licenses;
(iii) payment of expenses for operating equipment and operating supplies which may be required as of the Hotel's opening date;
(iv) any projected losses associated with the opening of the Hotel; and
(v) any other expenses incurred by Owner or Management Company, as the case may be, in connection with the opening of the Hotel. Owner shall advance to Management Company all funds required by Management Company for such pre-opening expenses in the amounts and on the dates as may be specified by Management Company in a "Request for Funds" to be submitted by Management Company to Owner. Such amounts shall be provided by Owner within fifteen (15) days of Owner's receipt of Management Company's Request for Funds. If following the Management Commencement Date, funds for pre-opening expenses are owing to Management Company, Management Company shall have the option to deduct such amounts from Owner's share of Operating Profit. It is understood that, to the extent any delay or postponement of the Management Commencement Date causes increased pre-opening expenses that cannot reasonably be avoided, Owner shall be responsible for and promptly pay such increased pre-opening expenses. No item which is or should have been included as a pre-opening expense shall be charged as a Deduction.
Pre-Opening. TER shall prepare and submit to the Board, for its review and approval, a budget of pre-opening expenses. Thereafter, TER shall implement all pre-opening activities contemplated in the approved pre-opening budget.
