Pre-Opening. You may identify the Facility as a Chain Facility prior to the Opening Date, or commence operation of the Facility under a Xxxx 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 Xxxx 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 Xxxx. We may delay the Opening Date until you pay the Royalty accruing under this Section.
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. [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 material 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 in the School or revocation of the Charter pursuant to Section 2.6 or Section 11.3 of the Contract. The District may waive or modify the restrictions contained therein upon good cause shown.
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. Upon the later of (a) six (6) months prior to the scheduled Commencement Date and (b) fifteen (15) days following the Effective 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 Enterprise for its approval upon the later of (x) seven (7) months prior to the scheduled Commencement Date and (y) fifteen (15) days following the Effective 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 Enterprise recognizes that the Pre-Opening Budget has been prepared well in advance of the Commencement Date and is 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 Enterprise agrees that the Pre-Opening Budget may be modified from time to time, subject to approval of the Enterprise in accordance with the procedure established by Article 3.9 of this Agreement for adjustments to the Operating Budget and Annual Plan.
Pre-Opening. The School shall meet all of the Milestones attached hereto as Exhibit D by the identified dates. Failure to timely fulfill any material term of the Milestones shall be considered a material violation of conditions, standards or procedures provided for in the Contract and shall be grounds for intervention or revocation of the Charter pursuant to Section
Pre-Opening. (a) No later than sixty (60) days prior to the Phase I Commencement Date, Manager shall commence implementation of a pre-opening program for Phase I which shall include all activities necessary to operationally prepare the Gaming Facility for the conduct of Gaming on a limited interim basis until the Gaming Facility is fully Operating. To implement such pre-opening program, manager shall prepare a comprehensive pre-opening Phase I budget which shall be submitted to the Management Business Board for its approval within sixty (60) days after the Effective Date ("Pre- Opening Budget"). All costs and expenses of the pre-opening program shall be paid from a special bank account(s) opened by manager in the name of, and on behalf of, the Authority upon which only Manager shall be authorized to draw ("Pre-Opening Phase I Bank Account(s)"). After all pre-opening expenses for Phase I have been paid, the balance in the Pre-Opening Phase I Bank Account(s) shall be transferred to the Depository Account and the Pre-Opening Phase I Bank Account(s) closed. Beginning on the Effective Date of this Agreement, and ending on the Phase I Commencement Date, the Manager shall make a monthly administrative payment of $25,000 to the Authority. Such payments shall be due on the monthly anniversary of the Effective Date, and shall be credited against the distributions to be made to the Authority out of Net Revenues under Section 6.4 of this Agreement, provided that such payments shall not reduce any Minimum Monthly Priority Payment due the Authority under Section 6.4 of this Agreement.
Pre-Opening. You may identify the Facility as a Chain Facility prior to the Opening Date, or commence operation of the Facility under a Xxxx and using the System, only after first obtaining our approval, or as permitted under and strictly in accordance with the System Standards Manual.
