Service and Supply Contracts. (a)Manager shall directly select, supervise and engage all independent contractors, suppliers and vendors, in the operation, repair, maintenance and servicing of the Property, including but not limited to those necessary for the supplying of electricity, gas, steam, water, telephone, cleaning, fuel, oil, elevator maintenance, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Property. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any such contract that (i) requires annual payment(s) which total in excess of $5,000, or (ii) has a term of more than one (1) year (as expressly approved by Owner in writing), or (iii) is with an affiliate of Manager or any individual directly related to any employee of Manager, or (iv) would cause any line item of the approved budget, other than for utilities or an expense deferred for one month, to be exceeded shall require the prior written consent of Owner. Together with Manager's request for consent to any such service contract, Manager shall deliver to Owner a copy of the proposed contract, a statement of the relationship, if any, between Manager (or the person or persons in control of Manager) and the party which will supply such goods or services under the proposed contract, supporting analysis, if any, and competitive bid documentation.
Service and Supply Contracts. (a) Manager shall directly select, supervise and engage in Owner’s name in its capacity as agent of Owner, all independent contractors, suppliers and vendors, in the operation, repair, maintenance and servicing of the Properties, including but not limited to those necessary for the supplying of electricity, gas, steam, water, telephone, cleaning, fuel, oil, elevator maintenance, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Properties. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any such contract that (i) requires total annual payment(s) in excess of $10,000, and which expense is not included in the approved Budget for the applicable Property or which would cause the applicable Budget line item to be exceeded by more than five percent (5%) of the total line item, or (ii) has a term of more than one (1) year (except as expressly approved by Owner in writing), or (iii) is with an affiliate of Manager or any individual directly related to any employee of Manager, shall require the prior written consent of Owner. Together with Manager’s request for consent to any such service contract, Manager shall deliver to Owner a copy of the proposed contract, a statement of the relationship, if any, between Manager (or the person or persons in control of Manager) and the party which will supply such goods or services under the proposed contract, and supporting analysis, if any. Manager shall timely pay all bills of such contractors, suppliers and entities properly approved by Owner or other expenditures entered into pursuant to the applicable Budget, but such bills shall be at the expense of the applicable Property and shall be paid by Manager from the Operating Account for such Property.
Service and Supply Contracts. (a) Manager shall directly select, supervise and engage all independent contractors, suppliers and vendors, in the development, operation, repair, maintenance, servicing and promotion of, and sale of lots from, the Project, including but not limited to those necessary for (i) the development and construction of new Sections, (ii) the supplying of goods and services related to the operation of FLCA and FLCC, and (iii) the supplying of electricity, gas, water, telephone, cable television, telecommunication services, cleaning, fuel, oil, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Project. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any such contract that (i) requires annual payment(s) which total in excess of $100,000.00, (ii) has a term of more than one (1) year (as expressly approved by Owner in writing), (iii) is with an affiliate of Manager or any individual directly related to any employee of Manager, or (iv) would cause any line item of the approved Budget, other than for utilities or an expense deferred, to be exceeded by more than (1) twenty percent (20%) for each line item of Fifty Thousand Dollars ($50,000.00) or less, or (2) ten percent (10%) for each line item greater than Fifty Thousand Dollars ($50,000.00), shall, unless expressly contemplated by the approved Budget, require the prior written consent of Owner, which consent shall not be unreasonably delayed, withheld or conditioned. Together with Manager's request for consent to any such service contract, Manager shall deliver to Owner a copy of the proposed contract, a statement of the relationship, if any, between Manager (or the person or persons in control of Manager) and the party which will supply such goods or services under the proposed contract, supporting analysis, if any, and competitive bid documentation, if any.
Service and Supply Contracts. Attached hereto as Schedule 3.1(l) is a list of all contracts or agreements to which the Company (acting on its own) or, to the Knowledge of the Transferors, the Operator or the Company (where the Operator has acted as agent for the Company), is a party for the providing of services or supplies solely to, or management solely of, the Project, including all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof with the consent of the Partnership pursuant to Article 6 below, are herein referred to collectively as the “Service and Supply Contracts”). The Transferors have delivered to the Partnership true and correct copies of the Service and Supply Contracts. Except as may be shown in Schedule 3.1(l), all of the Service and Supply Contracts are, to the Knowledge of the Transferors, in full force and effect and, to the Knowledge of the Transferors, there is no default under any of the Service and Supply Contracts which could reasonably be expected to have a Project Material Adverse Effect.
Service and Supply Contracts. (a) Manager shall directly select, supervise, and engage in Owner’s name in its capacity as agent of Owner, all independent contractors, suppliers and vendors, in the operation, repair, maintenance and servicing of the Property, including but not limited to those necessary for the supplying of electricity, gas, steam, water, telephone, cleaning, fuel, oil, elevator maintenance, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Property. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any purchase order or contract evidencing such engagement that (i) requires total annual payment(s) in excess of $10,000 and which expense is not included at all in the Approved Budget, copies of which are attached hereto as Exhibit A;
Service and Supply Contracts. Attached hereto as Exhibit C is a list of all contracts or agreements to which Seller is a party for the providing of services or supplies to or management of the Project, including (without limitation) a list of all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof with the consent of Purchaser pursuant to Section 6 below, are herein referred to collectively as the “Service and Supply Contracts”). Seller shall make available to Purchaser true and correct copies of the Service and Supply Contracts within five (5) days from the date hereof. Except as may be shown in said exhibit, all of the Service and Supply Contracts are in full force and effect; and to Seller’s knowledge Seller has received no written notice of any defaults, disputes, claims or rights of set-off under the Service and Supply Contracts.
Service and Supply Contracts. Attached hereto as Exhibit C is a list of all contracts or agreements to which Seller is a party for the providing of services or supplies to or management of the Project, including (without limitation) a list of all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into by Seller with respect to the Project after the date hereof in accordance with the terms of this Agreement, are herein referred to collectively as the "Service and Supply Contracts"). Seller has hereto delivered to Purchaser true and correct copies of the Service and Supply Contracts. Except as may be shown in said exhibit, all of the Service and Supply Contracts are in full force and effect and free from material default by Seller and, to Seller's Knowledge, free from material default by the other party or parties thereto and there is no existing event which, with the passage of time or giving of notice, or both, would become a material default under the Service and Supply Contracts by Seller and, to Seller's Knowledge, there is no event which, with the passage of time or giving of notice, or both, would become a material default under the Service and Supply Contracts by the other party or parties thereto, and, to Seller's Knowledge, there are no disputes, claims or rights of set-off under the Service and Supply Contracts. All charges under the Service and Supply Contracts have been paid through the dates shown on Exhibit C.
Service and Supply Contracts. Manager has informed Seller that Exhibit C attached hereto is a list of all contracts or agreements (including all amendments and modifications thereto) to which Seller and/or Manager is a party for the providing of services or supplies to or management of the Project or otherwise with respect to the operation or maintenance of the Project (other than the Property Agreements, Tenant Leases, Equipment Leases and Loan Documents), including, without limitation, any franchise agreements, employment agreements and union contracts to which Seller and/or Manager is a party (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof (other than any tenant leases or equipments leases) pursuant to Section 5 below, are herein referred to collectively as the “Service and Supply Contracts”); and, to Seller’s actual knowledge, such Exhibit C is accurate in all material respects. To Seller’s actual knowledge, Manager has provided Purchaser with access to true, correct and complete copies of the Service and Supply Contracts. Except as set forth on such Exhibit C, to Seller’s actual knowledge, (a) all of the Service and Supply Contracts are in full force and effect and free from material default and (b) there is no existing condition that, with notice or the passage of time or both, would constitute a material default under any of the Service and Supply Contracts.
Service and Supply Contracts. Attached hereto as Exhibit E is a list of all contracts or agreements to which Seller is a party for the providing of services or supplies to or management of the Project, including (without limitation) a list of all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof with the consent of Purchaser pursuant to Section 6 below, are herein referred to collectively as the "Service and Supply Contracts"). Seller has hereto delivered to Purchaser true and correct copies of the Service and Supply Contracts. Except as may be shown in said exhibit, all of the Service and Supply Contracts are in full force and effect and free from default and there is no existing event which, with the passage of time or giving of notice, or both, could become a default under the Service and Supply Contracts, and there are no disputes, claims or rights of set-off under the Service and Supply Contracts.
Service and Supply Contracts. Negotiate and enter into contracts for the provision of services to the Managed Outlet similar to the contracts of other Daily Grill restaurant locations;
