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. 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 ...
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.
