Employment of On-Site Personnel Sample Clauses

Employment of On-Site Personnel. Manager shall select, employ, hire, supervise, train, direct, discharge and pay all on-site personnel, necessary for the maintenance and operation of the Center at such compensation levels as are standard in the industry, including without limitation (but subject to the Approved Annual Budget): (a) a property manager, an assistant property manager or an operations manager, marketing personnel, clerical and secretarial personnel, all of whom shall be on Manager's payroll with reimbursement by Owner, and (b) engineers, janitors, maintenance, landscaping, custodial, parking, and security personnel (all or any of whom shall at Manager's option, be on Manager's payroll with reimbursement by Owner, or on the payroll of an independent contractor whose costs and fees will be paid by Owner). Manager shall carry Worker's Compensation Insurance (and, when required by law, compulsory Non-Occupational Disability Insurance) covering such employees, and use reasonable care in the selection and supervision of such employees; provided, however, that Owner shall have the right, exercised in its reasonable discretion by virtue of approval of a candidate's resume to disapprove, based on cause or good reason, the initial hiring of any property manager selected by Manager to carry out Manager's obligations under this Agreement, and Manager, subject to legal requirements, agrees not to utilize any such disapproved employee. Manager will keep bi-weekly time sheets which shall be available for inspection by Owner. Manager shall prepare or cause to be prepared and timely filed and paid, all necessary returns, forms and payments in connection with unemployment insurance, medical and life insurance policies, pensions, withholding and social security taxes and all other taxes relating to said employees which are imposed by any federal, state or municipal authority. Manager shall also provide usual management services in connection with labor relations and shall prepare, maintain and file all necessary reports with respect to the Fair Labor Standards Act and all other required statements and reports pertaining to labor employed at the Center. Manager shall use its good faith reasonable efforts to comply with all laws and regulations and collective bargaining agreements, if any, affecting such employment. Manager shall take all appropriate steps to make sure Owner is complying with labor, workplace and safety laws. Manager will be and will continue throughout the term of this Agreement ...
AutoNDA by SimpleDocs
Employment of On-Site Personnel. In addition to a Property Supervisor, two Property Managers and an Accounting Supervisor, all of whom shall be employees of Manager, Manager shall engage or shall cause to be engaged by others , such on-site personnel as may be required for the proper operation and maintenance of the Center and said parking facilities, including, but not limited to, clerical, grounds keeping, janitorial, parking, maintenance, custodial and management personnel, all of which shall be employees of the Owner or of Contractors and not employees of Manager. The Manager or such Contractors shall select, hire, pay (or cause to be paid), supervise, direct and discharge all such employees and approve and keep in force workers' compensation insurance (and, when required by law, compulsory non-occupational disability insurance) covering such employees, subject to any prior approval by Owner required under the LLC Agreement. The costs of such personnel shall be reimbursed to Manager by the Owner to the extent provided in the Approved Annual Budget. At the request of Owner, all employees of Owner or Manager as hereintofore provided, or of permitted Contractors, charged with the handling of funds of Owner, shall be covered by fidelity bonds in amounts reasonably acceptable to Owner.
Employment of On-Site Personnel. Except for those persons employed by Manager pursuant to the Management Agreement (or persons employed by permitted subcontractors of either Manager or Consultant), all on-site personnel as may be required for the proposed operation and maintenance of the Center, including, but not limited to, clerical, and management personnel, and grounds keeping, janitorial, parking, maintenance, and custodial employees shall be employees of Owner; provided, however, that subject to Owner's prior approval, Consultant may in its reasonable discretion, employ and/or provide payroll and benefits services with respect to such employees, as agent for Owner, so long as Owner pays the full cost to Consultant therefor, with respect to the operations of the Center. Regardless of whether such persons shall be employees of Owner or Consultant, Consultant shall in those areas within its scope of services hereunder, as agent for Owner and Manager, select, hire, pay (or cause to be paid), supervise, direct and discharge all such employees and procure and keep in force workers' compensation insurance (and, when required by law, compulsory nonoccupational disability insurance) covering such employees. At the request of Owner, all employees of Owner or Consultant as hereinbefore provided, or of permitted subcontractors of Consultant, charged with the handling of funds of Owner, shall be covered by fidelity bonds in amounts reasonably acceptable to Manager.

Related to Employment of On-Site Personnel

  • Employment of Others The company may from time to time request that the consultant arrange for the services of others. All costs to the consultant for those services will be paid by the company but in no event shall the consultant employ others without the prior authorization of the company.

  • Employment of Consultants Part A General Consultants’ services shall be procured in accordance with the provisions of the Introduction and Section IV of the "Guidelines: Selection and Employment of Consultants by World Bank Borrowers" published by the Bank in January 1997 and revised in September 1997 (the Consultant Guidelines) and the following provisions of Section II of this Schedule. Part B: Quality- and Cost-based Selection Except as otherwise provided in Part C of this Section, consultants’ services shall be procured under contracts awarded in accordance with the provisions of Section II of the Consultant Guidelines, paragraph 3 of Appendix 1 thereto, Appendix 2 thereto, and the provisions of paragraphs 3.13 through 3.18 thereof applicable to quality- and cost-based selection of consultants. Part C: Other Procedures for the Selection of Consultants 1. Selection Based on Consultants Qualifications Services estimated to cost less than $100,000 equivalent per contract may be procured under contracts awarded in accordance with the provisions of paragraphs 3.1 and 3.7 of the Consultant Guidelines.

  • Employment of Personnel Manager shall use its diligent efforts to investigate, hire, pay, supervise and discharge the personnel necessary to be employed by it to properly maintain, operate and lease the Property, including without limitation a property manager or business manager at the Property. Such personnel shall in every instance be deemed agents or employees, as the case may be, of Manager. Owner has no right of supervision or direction of agents or employees of Manager whatsoever; however, Owner shall have the right to require the reassignment or termination of any employee. All Owner directives shall be communicated to Manager’s senior level management employees. Manager and all personnel of Manager who handle or who are responsible for handling Owner’s monies shall be bonded in favor of Owner. Manager agrees to obtain and keep in effect fidelity insurance in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000). All reasonable salaries, wages and other compensation of personnel employed by Manager, including so-called fringe benefits, worker’s compensation, medical and health insurance and the like, shall be deemed to be reimbursable expenses of Manager. Manager may allow its employees who work at the Property and provide services to the Property after normal business hours, to reside at the Property for reduced rents (or rent fee as provided in the Operating Budget) in consideration of their benefit to Owner and the Property, provided such reduced rents are reflected in the Annual Business Plan.

  • Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn.

  • Employment of Consultant CONSULTANT will perform as an independent contractor all services under this Contract to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of its profession, both public and private, currently practicing in the same locality under similar conditions, including reasonable, informed judgments and prompt, timely action. If CONSULTANT is representing that it has special expertise in one or more areas to be utilized in this Contract, then CONSULTANT agrees to perform those special expertise services to the appropriate local, regional or national professional standards.

  • Employment of Apprentices 1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices. 2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at xxxxx://xxx.xxx.xx.xxx/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements. Penalties are specified in Labor Code §1777.7.

  • Employment Duties (a) Subject to the terms and conditions set forth herein, the Company hereby employs the Executive to act for the Company during the Employment Period in the capacity set forth on Schedule A hereto, and the Executive hereby accepts such employment. The duties and responsibilities of the Executive shall include such duties and responsibilities appropriate to such office and as are normally associated with and appropriate for such position and as the Company’s board of directors (the “Board”) may from time to time reasonably assign to the Executive. (b) Executive recognizes that during the period of Executive’s employment hereunder, Executive owes an undivided duty of loyalty to the Company, and Executive will use Executive’s good faith efforts to promote and develop the business of the Company and its subsidiaries (the Company’s subsidiaries from time to time, together with any other affiliates of the Company, the “Affiliates”). Executive shall devote all of Executive’s business time, attention and skills to the performance of Executive’s services as an executive of the Company. Recognizing and acknowledging that it is essential for the protection and enhancement of the brand name, reputation and business of the Company and the goodwill pertaining thereto, Executive shall perform the Executive’s duties under this Agreement professionally, in accordance with the applicable laws, rules and regulations and such standards, policies and procedures established by the Company and the industry from time to time. (c) However, the parties agree that: (i) Executive may devote a reasonable amount of his time to civic, community, or charitable activities and may serve as a director of other corporations (provided that any such other corporation is not a competitor of the Company, as determined by the Board) and to other types of business or public activities not expressly mentioned in this paragraph and (ii) Executive may participate as a non-employee director and/or investor in other companies and projects as disclosed by Executive to, and approved by, the Board, so long as Executive’s responsibilities with respect thereto do not conflict or interfere with the faithful performance of his duties to the Company.

  • Employment Duties and Term (a) Company hereby employs Employee as the Chief Marketing Officer, and Employee hereby accepts such employment with Company on the terms and conditions set forth in this Agreement. In such capacity, Employee shall perform the duties appropriate to such office or position, and such other duties and responsibilities as are assigned to him from time to time by the Board of Directors of Company (the “Board”) or the President and CEO of the Company. During the term of his/her employment with Company, Employee shall devote his/her full working time and best efforts to the performance of his/her duties under this Agreement for and on behalf of Company, and shall not work for anyone else without the express written consent of Company or engage in any activity in competition with or detrimental to Company or any affiliate of Company. Employee shall follow in all material respects all rules, policies and programs adopted from time to time by the Company and applicable to Employee. (b) This Agreement shall commence on the Effective Date and end when it is terminated in accordance with Paragraph 3 of this Agreement (the “Termination Date”). The period from the Effective Date to the Termination Date shall be referred to in this Agreement as the “Term.” (c) Employee’s services shall be performed from a home-based office, which is presently in Portland, Oregon, but it is expected that the Employee will work from the Company corporate headquarters on a frequent basis.

  • Employment Relations Except as set forth in Schedule 5.21: (a) The Company has been and is in compliance in all material respects with all applicable Laws respecting employment and employment practices, terms and conditions of employment and wages and hours; (b) The Company has not been and is not engaged in any unfair labor practice and no unfair labor practice complaint against the Company is pending before the National Labor Relations Board; (c) There is no labor strike, dispute, slowdown or stoppage actually pending or, to the knowledge of the Seller, threatened against or involving the Company and since January 1, 2002, the Company has not experienced any labor strike or material concerted labor dispute; (d) No union is currently certified, and there is no union representation question and, to the knowledge of the Seller, no union or other organizational activity that would be subject to the National Labor Relations Act (20 U.S.C. 151 et seq.) existing or threatened with respect to the Company; (e) The Company is not subject to or bound by any collective bargaining or labor union agreement applicable to any Person employed by the Company, and no collective bargaining or labor union agreement is currently being negotiated by the Company; (f) The Company has not experienced any material labor difficulty or work stoppage since January 1, 2002; (g) The Company has no Equal Employment Opportunity Commission charges or other claims of employment discrimination pending or, to the knowledge of the Seller, threatened against the Company; (h) To the knowledge of the Seller, no wage and hour department investigation has been made of the Company since January 1, 2002; (i) There are no occupational health and safety claims pending or, to the knowledge of the Seller, threatened against the Company or that relate to its business or property; (j) Since January 1, 2002, the Company has not (i) engaged in layoffs or employment terminations sufficient in timing and number to constitute (A) a "mass layoff" (as defined in the Worker Adjustment and Retraining Notification Act ("WARN")) or (B) an "employment loss" (as defined in WARN) or (ii) effected a "plant closing" (as defined in WARN) affecting any site of employment or one or more facilities or operating units within any site of employment or facility of the Company; the Company has not been affected by any transaction or engaged in layoffs or employment terminations sufficient in number to trigger application of any similar Law; (k) The Company is not a governmental contractor for purposes of any federal, state or local Law.

  • Industrial Relations Training Leave Union Delegate/Employee Representative shall have access to industrial relations training in accordance with Appendix E hereof.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!