Staff and Management. Licensee is at all times responsible for the management of the Hotel's business. Licensee may fulfill this responsibility by retaining a third party management company ("MANAGER"); provided, however, Licensee shall not enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part thereof with any entity without the prior written consent of Licensor in Licensor's sole discretion (there being no obligation on the part of Licensor to approve a third party management company). Licensee understands that Licensor will not normally approve a Competitor to manage the Hotel, or any entity that (through itself or an affiliate) is the exclusive manager for a Competitor. If a Manager becomes a Competitor at any time during the term of the Agreement, Licensee shall have 90 days to retain a substitute manager suitable to Licensor. As a prerequisite for Licensor's approval of a Manager, the proposed management agreement must provide (1) that the Manager has authority for the day-to-day management of the Hotel; (2) that the Manager has the authority to perform the obligations of the Licensee under this Agreement; and (3) that in the case of any conflict between this Agreement and the management agreement, this Agreement prevails.
Staff and Management. You are at all times responsible for the management of the Hotel’s business. You may fulfill this responsibility only by providing: (i) qualified and experienced management, which may be a third-party management company (the “Management Company”); and (ii) a general manager (the “General Manager”), each approved by us in writing. However, you represent and agree that you have not, and will not, enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part of the Hotel with any person or entity without our prior written consent. To be approved by us as the operator of the Hotel, you, any proposed Management Company, and any proposed General Manager must be qualified to manage the Hotel. We may refuse to approve you, any proposed Management Company or any proposed General Manager which, in our reasonable business judgment, is inexperienced or unqualified in managerial skills or operating capacity or capability, or is unable to adhere fully to the obligations and requirements of this Agreement. You understand that we reserve the right to not approve a Competitor, or any entity that (through itself or its Affiliate) is the exclusive manager for a Competitor, to manage the Hotel. If the Management Company becomes a Competitor or the Management Company and/or the General Manager otherwise becomes unsuitable in our sole judgment to manage the Hotel at any time during the License Term, you will have ninety (90) days to retain a qualified substitute Management Company and/or General Manager acceptable to us. Any Management Company and/or General Manager must have the authority to perform all of your obligations under this Agreement, including all indemnity and insurance obligations. In the case of any conflict between this Agreement and any agreement with the Management Company or General Manager, this Agreement prevails.
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Staff and Management. You are at all times solely responsible for the management of the Hotel’s business. You may fulfill this responsibility by providing: (i) qualified and experienced management, which may be a third-party Management Company; and (ii) a General Manager, each approved by us in writing. You agree that we will have the right to communicate directly with the Management Company and managers at the Hotel and that we may rely on the communications of such managers or Management Company as being on your behalf. You represent and agree that you have not, and will not, enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part of the Hotel with any person or entity without our prior written consent. To be approved by us as the operator of the Hotel, you, any proposed Management Company and any proposed General Manager must be qualified to manage the Hotel. We may refuse to approve you, any proposed Management Company or any proposed General Manager which, in our business judgment, is inexperienced or unqualified in managerial skills or operating capacity or capability or is unable to adhere fully to the obligations and requirements of this Agreement. You understand that we reserve the right to not approve a Competitor, or any entity that (through itself or its Affiliate) is the exclusive manager for a Competitor, to manage the Hotel. You have advised us that your existing Management Company, Outrigger Hotels Hawaii, a Hawaii limited partnership, or its Affiliate (collectively, “Outrigger Hotels”), currently owns the hotel brand names “Outrigger” and “Ohana” (collectively, the “Outrigger Brands”). For purposes of this Subparagraph 6.c., we will not consider Outrigger Hotels to be a Competitor solely as a result of Outrigger Hotels owning and/or operating hotels under the Outrigger Brands, provided that, and for so long as, Outrigger Hotels does not, directly or indirectly, do the following anywhere in North America (including the Hawaiian Islands): (i) have or develop a franchising or similar program for the Outrigger Brands; or (ii) license to third parties the right to use any of the Outrigger Brands except in conjunction with providing hotel management services to such third parties; or (iii) on the Hawaiian Islands only, include hotels that are named with third party owned brand names and that are owned and operated by third parties deemed by us to be a Competitor in Outrigger Hotels’ reservation system whether...
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Staff and Management. This service is a privately owned and operated service which is managed by Xxxxx Xxxxxxx and Xxxxx Xxxxxxxx. Our management and educators employed by the service are experienced and or qualified to provide the very best quality care for your child. Our Centre operates with appropriate child to staff ratios of 1:15 for Centre experiences 1:10 for excursions and 1:5 for swimming. There will always be a staff member with First Aid, Asthma and Anaphylaxis qualifications present at the Centre.
Staff and Management. The staff and management will be the responsibility of the Chief Executive Officer of the Marshalltown Regional Partnership (PARTNERSHIP) (comprised of the Marshalltown Area Chamber of Commerce, BUREAU, and Economic Development) who will assume full responsibility for the employment, discharge and management of the BUREAU. Hiring of the Director of the BUREAU will be subject to joint approval of the BUREAU Board.
Staff and Management. Subject to any restrictions in the Memorandum and Articles, the Members hereby agree that the Consortium may employ such staff as the Board considers necessary for the Activities. TERMINATION OF membership A Member shall cease to be a Member of the Consortium if Article __ (termination of membership) applies and Article ___ (removal of a Member from membership) in particular may apply where a Member commits a material breach of this Agreement and fails to remedy it within the time specified in a written notice served on it by all the other Members complaining of the breach. A material breach of this Agreement will occur if a Member is or becomes unable to meet the criteria for membership set out in the Membership Prospectus; a Member (being a company) becomes unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986; a petition is presented for the winding-up by the Court of the Member (being a company) on any of the grounds in section 122 of the Insolvency Act 1986 or an order is made or resolution is passed for the winding-up of that Member; a Member is an unincorporated organisation and any steps analogous to those matters set out in clauses 11.2.1 or 11.2.2 occur or are threatened; any of the matters referred to in clauses 11.2.1 or 11.2.2 occur in relation to any holding company for the time being of a Member which is a company. A Member that is winding up or dissolving for the purposes of merger, incorporation or reconstruction shall not be deemed to have committed a material breach but shall cease to be a Member on winding up or dissolution. A Member committing a material breach shall cease to be a Member of the Consortium and this Agreement shall automatically terminate with respect to that Member, but without prejudice to its obligations under this clause and clause 13 (Actions for breach of this Agreement). A Member who is removed from membership for any reason must ensure that any trustee representing it resigns immediately from the Board without compensation or claim for loss of office as a director or trustee and shall indemnify and keep indemnified the Consortium in respect of any such claim.
Staff and Management. Licensee must at all times retain and exercise direct management control over the Hotel's business. Licensee shall not enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part thereof with any entity without the prior written consent of Licensor.
Staff and Management. You are at all times responsible for the management of the Hotel’s business. You may fulfill this responsibility only by providing (i) qualified and experienced management, which may be a third-party management company, and (ii) a general manager, (the “Management”), each approved by us in writing. However, you represent and agree that you have not, and will not, enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part of the Hotel with any person or entity without our prior written consent. To be approved by us as the operator of the Hotel, you or any proposed Management must be qualified to manage the Hotel. We may refuse to approve you or any proposed Management which, in our reasonable business judgment, is inexperienced or unqualified in managerial skills or operating capacity or capability, or is unable to adhere fully to the obligations and requirements of this Agreement. You understand that we reserve the right to not approve a Competitor, or any entity that (through itself or an affiliate) is the exclusive manager for a Competitor, to manage the Hotel. If the Management becomes a Competitor or otherwise becomes unsuitable in our sole discretion to manage the Hotel at any time during the License Term, you will have ninety (90) days to retain qualified substitute Management acceptable to us. Any Management must have the authority to perform all of your obligations under this Agreement, including all indemnity and insurance obligations. In the case of any conflict between this Agreement and any agreement with Management, this Agreement prevails.
