Third Party Operator. Tenant may retain a third party to operate the Commercial Kitchen (a “Third Party Operator”). Any such Third Party Operator must comply with all of the terms, covenants, conditions and obligations on Tenant’s part to be observed and performed under this Lease with respect to the use or occupancy of the Premises, and any violation of any provision of this Lease by the Third Party Operator shall be deemed to be a default by Tenant under such provision. Any such Third Party Operator shall obtain such insurance as Landlord may reasonably require (consistent with the insurance requirements of landlords of Comparable Buildings for operators of similar commercial kitchens) and shall indemnify, defend and hold Landlord harmless from and against any Loss (defined in Section 10.1 below) suffered by Landlord as a consequence of the negligence or willful misconduct of such Third Party Operator. Third Party Operator shall have no recourse against Landlord whatsoever on account of any failure by Landlord to perform any of its obligations under this Lease or on account of any other matter. All notices required of Landlord under this Lease shall be forwarded only to Tenant in accordance with the terms of this Lease and in no event shall Landlord be required to send any notices to any Third Party Operator. In no event shall any use or occupancy of any portion of the Premises by the Third Party Operator release or relieve Tenant from any of its obligations under this Lease. The Third Party Operator shall be a Tenant Party, and Tenant shall be fully and primarily liable for all acts and omissions of such Third Party Operator as fully and completely as if such Third Party Operator was an employee of Tenant. In no event shall the occupancy of any portion of the Premises by any Third Party Operator be deemed to create a landlord/tenant relationship between Landlord and such Third Party Operator or be deemed to vest in Third Party Operator any right or interest in the Premises or this Lease, and, in all instances, Tenant shall be considered the sole tenant under the Lease notwithstanding the occupancy of any portion of the Premises by any Third Party Operator. Upon request from Landlord, Tenant shall provide to Landlord a copy of any agreement between Tenant and the Third Party Operator and the insurance required to be maintained by Third Party Operator prior to the Third Party Operator being allowed access to the Premises by Tenant. Any equipment or other property of the Third ...
Third Party Operator. Trustor will preserve and keep in full force -------------------- and effect that certain Skilled Nursing Facility Lease dated September 12, 1997 between Trustor, as lessor, and Kimburida Management Group, an Idaho joint venture, organized as an Idaho general partnership made up of Northwest Bec- Corp, a Nevada corporation licensed to do business in Idaho, general partner, and XxXxxx Grain, Inc., an Idaho corporation, general partner, as lessee, with respect to the operation of the Property as a nursing care facility, or will enter into and keep in full force and effect and maintain during the entire term of the Loan a lease with such other third party operator which is acceptable to Beneficiary (which acceptance shall have been obtained from Beneficiary in writing prior to entering into such lease) concerning the operation of the Property as a nursing care facility.
Third Party Operator. Except for an Affiliate of the Optionee, no other Person may be retained to carry out the Optionee’s duties as operator unless such Person agrees in writing to be bound by all of the same duties and obligations imposed on the Optionee as operator under this Agreement.
Third Party Operator. To the extent a third-party will take over operations of the Hospital and the Ancillary District Operations upon a Lease Termination, AH Mendocino shall use commercially reasonable efforts to cooperate with District in the transition of Hospital and Ancillary District Operations assets and operations to such third-party operator, and to the extent AH Mendocino and such third-party operator will have to enter into a separate transfer and/or purchase agreement, AH Mendocino will not be required to use the same form, terms and conditions as this Agreement or the AHMC Business Transfer Agreement with respect to an agreement with such third-party operator.
Third Party Operator. Trustor will preserve and keep in full force -------------------- and effect that certain Skilled Nursing Facility Lease dated June 4, 1997 between Continuum Health Incorporated (with Trustor as its successor and assign), as lessor, and Coos Bay Rehabilitation, Inc., as lessee, with respect to the operation of the Property as a nursing care facility, or will enter into and keep in full force and effect and maintain during the entire term of the Loan a lease with such other third party operator which is acceptable to Beneficiary (which acceptance shall have been obtained from Beneficiary in writing prior to entering into such lease) concerning the operation of the Property as a nursing care facility.
Third Party Operator a third-party lessee or manager that manages and operates one or more Third-Party Operated Areas.
Third Party Operator. If the Operator proposes to contract operation of the proposed rail operation to a third party – the information set out in the other paragraphs of this Schedule 2 in relation to that third party.
Third Party Operator. Certain on-campus student housing units and related services are provided by Xxxxxxxx Xxxxxx and its subsidiaries, with which the University maintains contractual relationships (the “Operator”). The University does not anticipate any discontinuation or disruption to those relationships during the License Term. However, if the University’s contract with any of the foregoing third-parties should terminate or expire during the Period, you acknowledge and agree that the University may terminate your License without cause upon written notice. In the event of such a termination, your room fees will be prorated through the effective date of the notice.
Third Party Operator. CCRC and the Customer acknowledge that the Customer engages the services of a third party operator (“Third Party Operator”) for the purpose of management and operation of all or certain food services on the Premises. The Customer acknowledges and confirms that it alone has control over the choice of Beverage suppliers at the Premises, including those areas of the Premises managed and operated by any Third Party Operator(s) from time to time. The Customer acknowledges and agrees that the application of this Agreement shall extend to and include those areas of the Premises managed and operated by any Third Party Operator(s) and the Customer shall ensure that the Third Party Operator(s) honours and complies with the terms of this Agreement. Customer acknowledges that should the Customer or its Third Party Operator are in arrears of payments to CCRC, any payments to be made to the Customer by CCRC under this Agreement shall cease until such time as CCRC has been paid in full.
Third Party Operator. Except for a Party’s Affiliate, no third party may be retained to act as the Operator unless:
(a) Xxxx and Eldorado agree in writing; and
(b) the third party agrees in writing to be bound by all of the same duties and obligations imposed on CCSA as the Operator under this Agreement and, in particular, under this Section 5.
