Common use of Centralized or Pooled Purchasing Clause in Contracts

Centralized or Pooled Purchasing. Manager may, with Owner’s consent, which shall not be unreasonably withheld or delayed, cause the Project to participate, along with other hotels owned, managed or franchised by Manager or one of its Affiliates, in one or more centralized or pooled purchasing programs or arrangements for the procurement of goods or services used in connection with the operation of the Project, provided, however, that the terms of any such program or arrangement shall be no less favorable to the Project in any material respect than those reasonably obtainable from an unrelated party (and, in that regard, upon Owner’s written request, Manager shall follow the same bid procedure under this Section 3.6 with respect to the goods and services as provided in Section 3.5). Owner acknowledges that Manager from time to time may receive certain volume discounts, refunds, rebates or bonuses in connection with its centralized or pooled purchasing programs or arrangements. Any such refunds, rebates or bonuses that are reasonably allocable to the Project in a fair and equitable manner will be paid into the Operating Accounts. Any refunds, rebates or bonuses attributable to hotels owned by Manager or its Affiliates may be retained by Manager or such Affiliates. Any such refunds, rebates or bonuses received by Manager or its Affiliates that are not reasonably allocable to the Project may be retained by Manager or its Affiliates.

Centralized or Pooled Purchasing. Manager may, with Owner’s consent, which shall not be unreasonably withheld or delayed, cause the Project to participate, along with other hotels owned, managed or franchised by Manager or one of its Affiliates, in one or more centralized or pooled pooled. purchasing programs or arrangements for the procurement of goods or services used in connection with the operation of the Project, provided, however, that the terms of any such program or arrangement shall be no less favorable to the Project in any material respect than those reasonably obtainable from an unrelated party (and, in that regard, upon Owner’s written request, Manager shall follow the same bid procedure under this Section 3.6 with respect to the goods and services as provided in Section 3.5). Owner acknowledges that Manager from time to time may receive certain volume discounts, refunds, rebates or bonuses in connection with its centralized or pooled purchasing programs or arrangements. Any such refunds, rebates or bonuses that are reasonably allocable to the Project in a fair and equitable manner will be paid into the Operating Accounts. Any refunds, rebates or bonuses attributable to hotels owned by Manager or its Affiliates may be retained by Manager or such Affiliates. Any such refunds, rebates or bonuses received by Manager or its Affiliates that are not reasonably allocable to the Project may be retained by Manager or its Affiliates.