Purchasing. The Manager shall purchase, for the account of the Owner, all necessary foodstuffs, supplies, materials, appliances, tools and equipment necessary for the operation of the Facility. The Manager shall arrange contracts on behalf of the Owner for electricity, gas, telephone, cable television and any other utility or service necessary for the operation of the Facility. The Manager shall, on behalf of the Owner, contract for and supervise the making of any necessary repairs, alterations, and improvements to the Facility; provided that in the case of any capital expenditure, alteration or improvement, the cost of which exceeds Ten Thousand ($10,000) Dollars, the Manager shall obtain the prior written approval of the Owner; and provided further, that no such prior written approval shall be required if the expenditure is made under circumstances reasonably requiring emergency action (so long as the Manager attempts to notify the Owner on a concurrent basis). The Manager shall prepare and submit to the Owner any certificates of purchasing expenses incurred for the Facility as may be reasonably requested.
Purchasing. Manager and its Affiliates shall make or cause to be made available to the Managed Facility, on a Non-Discriminatory basis, licensing or purchasing programs available to each of the Other Managed Facilities and each of the Other Managed Resorts (whether on a national, regional, mandatory, optional or other basis) (each, a “Purchasing Program”). Manager may elect, in its discretion, but subject to the terms of this Section 5.6, the Lease, Applicable Law and the Annual Budget, to license any games or purchase or lease any FF&E and Supplies for the Operation of the Managed Facility from a Purchasing Program maintained by or for the benefit of Manager and/or its Affiliates; provided that (i) Manager shall ensure the prices and terms of the games, FF&E and Supplies to be licensed or purchased for the benefit of the Managed Facility under such Purchasing Program (including with such modifications as provided below) are reasonably comparable to the prices and terms which would be charged by reputable and qualified unrelated third parties on an arm’s length basis for similar games, FF&E and Supplies sold, leased or licensed to similar companies in the Gaming and hospitality industry, and may be grouped in reasonable categories rather than being compared item by item, and (ii) if multiple Purchasing Programs are available, Manager shall elect the applicable Purchasing Program it utilizes on a Non-Discriminatory basis. Manager and its Affiliates shall pass through any discounts, rebates or similar incentives received in connection with a Purchasing Program to the Managed Facility on a Non-Discriminatory basis. Tenant acknowledges and agrees that Manager and its Affiliates shall have the right; provided that the same is implemented on a Non-Discriminatory basis, to (a) modify the fees, costs or terms of any such Purchasing Program, including adding games, FF&E and Supplies to, and, subject to Applicable Law, deleting games, FF&E and Supplies from, such Purchasing Program; (b) terminate all or any portion of any such Purchasing Program, from time to time, upon sixty (60) days’ notice to Tenant; (c) subject to the obligation to pass through any such amounts as set forth in the immediately preceding sentence, receive commercially reasonable payments, fees, commissions or reimbursements from suppliers and third parties in respect of such purchases, leases or licenses; and (d) own or have investments in such suppliers.
Purchasing. 33.1 The Sub-Recipient may purchase articles which are the subject of or are required to carry out this contract from Prison Rehabilitative Industries and Diversified Enterprises, Inc., (PRIDE) identified under Chapter 946, F.S., in the same manner and under the procedures set forth in subsections 946.515(2) and (4), F.S. For purposes of this contract, the Sub-Recipient shall be deemed to be substituted for the AAAPP insofar as dealings with PRIDE. This clause is not applicable to Subcontractors unless otherwise required by law. An abbreviated list of products/services available from PRIDE may be obtained by contacting PRIDE, 000-000-0000.
Purchasing. In the performance of Owner's and Manager's obligations under Section 2.2.9 and Section 2.3, Manager shall provide Owner the right to purchase the items described therein under vendor contracts available to Manager under any purchasing program maintained from time to time by Manager and its Affiliates, provided that the prices and terms of the goods and services purchased under such vendor contracts are competitive with the prices and terms of goods and services of equal quality available from others. In determining, pursuant to the foregoing, whether such prices and/or fees are competitive, they will be compared to the prices and/or fees which would be charged by reputable and qualified unrelated third parties on an arm's length basis for similar goods and/or services. For purposes of determining competitiveness, the goods and/or services which are being purchased may be grouped in reasonable categories, rather than being compared item by item. In respect of such purchases, Owner understands and acknowledges that Manager and/or its Affiliates may receive certain payments, fees, commissions or reimbursements from vendors, and that Manager and/or its Affiliates may have investments in such vendors and may profit from such payments, fees or reimbursements. Notwithstanding the foregoing, upon at least thirty (30) days' prior written notice to Manager, Owner shall have the right to opt out of any purchasing program in respect of all purchases or such items as Owner may designate in such notice and purchase items of its own, whether through the Hotel License Agreement and Restaurant License Agreement with Planet Hollywood or otherwise.
Purchasing. Owner does hereby employ Devoto as its sole and exclusive purchasing agent for the specialty items necessary to equip a radiation therapy center, which specialty items anticipated to be purchased in connection with the Project is more particularly described in the schedule attached as Exhibit “A” attached hereto and made a part hereof. Such specialty items shall be purchased for Owner by Devoto upon a schedule to be determined by Owner and Devoto. Owner shall pay the actual cost of such specialty items as negotiated by Devoto and shall further pay to Devoto a transaction fee on each item of specialty items so purchased by Devoto of 20% of the actual cost of same. Additionally, Owner shall pay all sales and use taxes imposed on any such specialty items in connection with the original purchase thereof, as well as all shipping and handling charges for such specialty items. Such specialty items shall be deemed to be sold directly to Owner, and Devoto shall not be deemed an owner thereof. Devoto’s compensation is for consulting services rendered in connection with the selection of such specialty items, arranging the purchase of same from vendors with whom Devoto has established relationships, delivery of such specialty items and overseeing the installation of same. Devoto’s fees for such services shall be invoiced to Owner upon the ordering of any such specialty items on Owner’s behalf pursuant to the terms hereof and shall be payable by Owner to Devoto within thirty (30) days of the date of each such invoice. Invoices not paid within such thirty (30) day time period shall bear interest at the lesser of 18% or the maximum contract rate of interest allowed by law.
Purchasing. 1. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE): It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in section 946.515(2) and (4), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract (Provider) shall be deemed to be substituted for this agency (the Department) insofar as dealings with such corporation are concerned. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products and services available from PRIDE may be obtained by contacting PRIDE at 0-000-000-0000.
Purchasing. You will purchase or obtain certain items we designate as proprietary or that bear Marks, such as signage, only from suppliers we approve. You may purchase any other items for the Facility from any competent source you select, so long as the items meet or exceed System Standards.
Purchasing including the purchasing of equipment, furniture, supplies, building materials and other items required for the operation of the Recipient; the contracting with suppliers for any of the foregoing, as well as for services, such as cleaning, construction, remodeling or architectural or interior design services, and landscaping services; and preparation of requests for bid for any of the foregoing. These services will be provided by PNX.
Purchasing. All purchasing for services and goods, including capital equipment, shall be made by purchase order or by a written contract and in conformity with the procedures prescribed by the Federal Management Circulars X-000, X-000, 00 XXX Part 84, and 24 CFR Part 85, which are incorporated herein by reference.
Purchasing. We may offer optional assistance to you with purchasing items used at or in the Facility. Our affiliates may offer this service on our behalf We may restrict the vendors authorized to sell proprietary or Xxxx-bearing items in order to control quality, provide for consistent service or obtain volume discounts. We will maintain and provide to you lists of suppliers approved to xxxxxxx Xxxx-bearing items, or whose products conform to System Standards.