Compensation of Personnel. The Compensation of Personnel shall be an Operating Expense of the corresponding Component, shall be the responsibility of Owner, and may be paid for by the Manager from the Operating Accounts for the Crystals Component. Subject to the terms of this Agreement, if the Operating Accounts are insufficient to reimburse such Compensation, Owner shall be obligated to fund the aggregate Compensation with respect to each payroll period. The Compensation shall not include any form of corporate or other overhead or general and administrative allocation on behalf of any Personnel. During any Operating Year, pursuant to this Agreement and in connection with all Project Agreements, it being understood that this limitation applies to the entire CityCenter Project, Manager shall not have the right to designate (i) more than fifty (50) individuals as Other Personnel; or (ii) more than Twenty Million Dollars ($20,000,000) in base salary for Other Personnel in any Operating Year, in each case without obtaining Owner’s prior written approval. The Other Personnel shall be held to the same standard of responsibility and duty of care with respect to the Operating Standard as all Personnel. The Managers under this Agreement, and the “Operator” under the Vdara Condo-Hotel Management Agreement and the “Managers” under the Resort Hotel and Casino Management Agreement, shall further ensure that designation of Other Personnel shall not cause any undue delay in the performance of such Other Personnel’s performance of their duties, or increased cost or expense or other prejudice to the operation of the Crystals Component. Notwithstanding anything to the contrary contained herein, the Parties acknowledge and agree that Compensation paid to the Retail Operator shall be an Operating Expense of the Crystals Component. For the avoidance of doubt, the aforementioned concept in this Section 7.2 shall be cumulative across the Project Agreements.
Appears in 2 contracts
Samples: Retail Management Agreement, Retail Management Agreement (CityCenter Holdings, LLC)
Compensation of Personnel. The Compensation of Personnel and Other Personnel shall be an Operating Expense of the corresponding ComponentCondo-Hotel, shall be the responsibility of Owner, and may be paid for by the Manager Operator from the Operating Accounts for the Crystals ComponentAccount. Subject to the terms of this Agreement, if the Operating Accounts are Account is insufficient to reimburse such Compensation, Owner shall be obligated to fund the aggregate Compensation with respect to each payroll period. The Compensation shall not include any form of corporate or other overhead or general and administrative allocation on behalf of any Personnel. During any Operating Year, pursuant to this Agreement and in connection with all Project Agreements, it being understood that this limitation applies to the entire CityCenter Project, Manager „ Operator shall have not have the right to designate (i) more than fifty (50) individuals as Other Personnel; or (ii) more than Twenty Million Dollars ($20,000,000) in base salary for Other Personnel in any Operating Year, in each case without obtaining Owner’s prior written approval. The Other Personnel shall be held to the same standard of responsibility and duty of care with respect to the Operating Standard as all Personnel. The Managers Operator under this Agreement, and the “OperatorManagers” under the Vdara Condo-Hotel Crystals Retail Management Agreement and the “Managers” under the Resort Hotel and Casino Management Agreement, Agreement shall further ensure that designation of Other Personnel shall not cause any undue delay in the performance of such Other Personnel’s performance of their duties, or increased cost or expense or other prejudice to the operation of the Crystals ComponentCondo-Hotel. Notwithstanding anything to the contrary contained herein, the Parties acknowledge and agree that Compensation paid to the Retail Operator shall be an Operating Expense of the Crystals ComponentCondo-Hotel. For the avoidance of doubt, the aforementioned concept in this Section 7.2 8.2 shall be cumulative across the Project Agreements.
Appears in 2 contracts
Samples: Operations Management Agreement, Condo Hotel Operations Management Agreement (CityCenter Holdings, LLC)
Compensation of Personnel. The Compensation of Personnel shall be an Operating Expense of the corresponding Component, shall be the responsibility of Owner, and may be paid for by the a Manager from the Operating Accounts for the Crystals Component. Subject to the terms of this Agreement, if the Operating Accounts are insufficient to reimburse such Compensation, Owner shall be obligated to fund the aggregate Compensation with respect to each payroll period. The Compensation shall not include any form of corporate or other overhead or general and administrative allocation on behalf of any Personnel. During any Operating Year, pursuant to this Agreement and in connection with all Project Agreements, it being understood that this limitation applies to the entire CityCenter Project, Manager shall not have the right to designate (i) more than fifty (50) individuals as Other Personnel; or (ii) more than Twenty Million Dollars ($20,000,000) in base salary for Other Personnel in any Operating Year, in each case without obtaining Owner’s prior written approval. The Other Personnel shall be held to the same standard of responsibility and duty of care with respect to the Operating Standard as all Personnel. The Managers under this Agreement, and the “Operator” under the Vdara Condo-Hotel Management Agreement and the “Managers” under the Resort Hotel and Casino Crystals Retail Management Agreement, shall further ensure that designation of Other Personnel shall not cause any undue delay in the performance of such Other Personnel’s performance of their duties, or increased cost or expense or other prejudice to the operation of the Crystals ComponentResort Hotel and Casino. Notwithstanding anything to the contrary contained herein, the Parties acknowledge and agree that Compensation paid to the Retail Operator CityCenter Project Manager, (other than Compensation paid to Xxxxxx X. Xxxxxxx, which Compensation shall not be allocated to Owner) shall be an Operating Expense of the Crystals ComponentComponents as allocated on an equitable basis. For the avoidance of doubt, the aforementioned concept in this Section 7.2 7.3 shall be cumulative across the Project Agreements.
Appears in 1 contract
Samples: Hotel and Casino Operations and Hotel Assets Management Agreement (CityCenter Holdings, LLC)