Common use of Facility Operations Clause in Contracts

Facility Operations. Subject to the terms of this Lease, including without limitation, Section 1111 hereof with respect to Landlord Events, Tenant shall have the exclusive right and authority to operate, manage, coordinate, control, use and supervise the conduct and operation of the business and affairs pertaining to or necessary for the operation and management of the Facility and the other portions of the Facility Premises, all in accordance with Governmental Requirements and the terms and provisions of this Lease (the “Operating Rights and Authority”). Tenant shall exercise its Operating Rights and Authority in a commercially reasonable manner consistent with the Facility Standard of Care. The Operating Rights and Authority shall include the following: Subject to insurance requirements of Section 15(b)15(b) hereof, scheduling and contracting for all Facility Events (other than Landlord Events) and establishing all rules, regulations and standards respecting the Facility Premises and Facility Events (including requirements with respect to insurance by users of the Facility); employment (as agents, employees or independent contractors), termination, supervision and control of personnel (whether full-time, part-time or temporary) that Tenant determines to be necessary for the day-to-day operation and management of the Facility Premises, including security, facility management and other similar personnel, and determination of all compensation, benefits and other matters with regard to such personnel; selling and establishing the prices, rates, rentals, fees or other charges for goods, services or rights (including Concessions, and admission rights for all Facility Events other than Landlord Events) available at or with respect to the Facility; identifying and contracting with all contractors and vendors in connection with, and managing, coordinating and supervising, all Concessions, Advertising, Media rights and ticket operations for all Facility Events; procuring, negotiating and entering into contracts for the furnishing of all utilities, labor, equipment, services and supplies necessary for the operation of the Facility Premises; constructing, operating and displaying Signage on the interior, exterior or any other portion of the Facility Premises as Tenant deems necessary or desirable (subject to applicable Governmental Requirements), including without limitation Signage for sponsors; operating any social media or other Internet sites in respect of the Facility (and Landlord shall have the right to link such sites and to re-post comments on such sites); commencing, defending and settling such legal actions or proceedings concerning the operation of the Facility Premises as are necessary or required in the opinion of Tenant, and retaining counsel in connection therewith; provided that if Landlord is named as a party to such legal action or proceeding, for the duration of the period during which Landlord is a party, Tenant shall coordinate the management of such legal action or proceeding with Landlord and shall not settle any such action or proceeding with a settlement that, or consent to any judgment that, would require any act or forbearance on the part of Landlord or which does not release Landlord from all liability in respect of the action or proceeding without the prior written consent of Landlord in its reasonable discretion; negotiating, executing and performing use agreements, licenses and other agreements with other Persons who desire to use or schedule events at the Facility Premises (other than for Landlord Events); entering into subleases and licenses for portions of the Facility Premises (each a “Sublease”) in accordance with the provisions of this Lease; programming and operation of the Facility LED Screen subject to all Governmental Requirements; and performing, or causing to be performed, all Capital Projects in accordance with Section 1212 hereof. Tenant shall, at its sole cost and expense, be responsible for all security related to the Facility Premises, including, without limitation, as a result of Facility Events. Tenant shall have the exclusive right to plan, coordinate and administer the operation of the Facility and to enter into contracts and transact business with other Persons for the performance of Tenant’s obligations, duties and responsibilities under this Lease, provided that Tenant shall remain liable to Landlord for such obligations, duties and responsibilities to the same extent as if no such contract or other delegation had ever been made (except with respect to a Transfer approved by the City Representative under Section 19(b)19(b) hereof or permitted by Section 19(c)19(c) hereof). In connection with Tenant’s management, operation and use of the Facility Premises, Tenant shall not be obligated to (i) comply with or follow any Landlord selection processes, procurement requirements or similar procedures or requirements contained in the City Code or otherwise, except as otherwise set forth in this Lease or as required by Governmental Requirements, (ii) comply with Landlord employment practices (other than those applicable to employers generally) or any City Code or ordinance provisions uniquely governing the management or operation of public projects, buildings, structures or works, or (iii) except in connection with the Tenant’s compliance with Governmental Requirements, obtain Landlord approval of any of its actions, other than where specifically provided for in this Lease. The City Representatives shall have the right to recommend rules, regulations and standards respecting the Facility Premises, and Tenant shall incorporate any such reasonable rules, regulations and standards into the Facility Standards. Any supplemental or temporary stages that may be erected by either Landlord or Tenant on the Facility Premises shall be oriented in such a manner so that the stage and any amplified sound shall face away from the St. Xxxxx River.

Facility Operations. Subject to the terms of this Lease, including without limitation, Section 1111 11 hereof with respect to Landlord Events, Tenant shall have the exclusive right and authority to operate, manage, coordinate, control, use and supervise the conduct and operation of the business and affairs pertaining to or necessary for the operation and management of the Facility and the other portions of the Facility Premises, all in accordance with Governmental Requirements and the terms and provisions of this Lease (the “Operating Rights and Authority”). Tenant shall exercise its Operating Rights and Authority in a commercially reasonable manner consistent with the Facility Standard of Care. The Operating Rights and Authority shall include the following: : (i) Subject to insurance requirements of Section 15(b)15(b15(b) hereof, scheduling and contracting for all Facility Events (other than Landlord Events) and establishing all rules, regulations and standards respecting the Facility Premises and Facility Events (including requirements with respect to insurance by users of the Facility); ; (ii) employment (as agents, employees or independent contractors), termination, supervision and control of personnel (whether full-time, part-time or temporary) that Tenant determines to be necessary for the day-to-day operation and management of the Facility Premises, including security, facility management and other similar personnel, and determination of all compensation, benefits and other matters with regard to such personnel; ; (iii) selling and establishing the prices, rates, rentals, fees or other charges for goods, services or rights (including Concessions, and admission rights for all Facility Events other than Landlord Events) available at or with respect to the Facility; ; (iv) identifying and contracting with all contractors and vendors in connection with, and managing, coordinating and supervising, all Concessions, Advertising, Media rights and ticket operations for all Facility Events; ; (v) procuring, negotiating and entering into contracts for the furnishing of all utilities, labor, equipment, services and supplies necessary for the operation of the Facility Premises; ; (vi) constructing, operating and displaying Signage on the interior, exterior or any other portion of the Facility Premises as Tenant deems necessary or desirable (subject to applicable Governmental Requirements), including without limitation Signage for sponsors; ; (vii) operating any social media or other Internet sites in respect of the Facility (and Landlord shall have the right to link such sites and to re-post comments on such sites); ; (viii) commencing, defending and settling such legal actions or proceedings concerning the operation of the Facility Premises as are necessary or required in the opinion of Tenant, and retaining counsel in connection therewith; provided that if Landlord is named as a party to such legal action or proceeding, for the duration of the period during which Landlord is a party, Tenant shall coordinate the management of such legal action or proceeding with Landlord and shall not settle any such action or proceeding with a settlement that, or consent to any judgment that, would require any act or forbearance on the part of Landlord or which does not release Landlord from all liability in respect of the action or proceeding without the prior written consent of Landlord in its reasonable discretion; ; (ix) negotiating, executing and performing use agreements, licenses and other agreements with other Persons who desire to use or schedule events at the Facility Premises (other than for Landlord Events); ; (x) entering into subleases and licenses for portions of the Facility Premises (each a “Sublease”) in accordance with the provisions of this Lease; ; (xi) programming and operation of the Facility LED Screen subject to all Governmental Requirements; and and (xii) performing, or causing to be performed, all Capital Projects in accordance with Section 1212 12 hereof. Tenant shall, at its sole cost and expense, be responsible for all security related to the Facility Premises, including, without limitation, as a result of Facility Events. Tenant shall have the exclusive right to plan, coordinate and administer the operation of the Facility and to enter into contracts and transact business with other Persons for the performance of Tenant’s obligations, duties and responsibilities under this Lease, provided that Tenant shall remain liable to Landlord for such obligations, duties and responsibilities to the same extent as if no such contract or other delegation had ever been made (except with respect to a Transfer approved by the City Representative under Section 19(b)19(b) hereof or permitted by Section 19(c)19(c) hereof). In connection with Tenant’s management, operation and use of the Facility Premises, Tenant shall not be obligated to (i) comply with or follow any Landlord selection processes, procurement requirements or similar procedures or requirements contained in the City Code or otherwise, except as otherwise set forth in this Lease or as required by Governmental Requirements, (ii) comply with Landlord employment practices (other than those applicable to employers generally) or any City Code or ordinance provisions uniquely governing the management or operation of public projects, buildings, structures or works, or (iii) except in connection with the Tenant’s compliance with Governmental Requirements, obtain Landlord approval of any of its actions, other than where specifically provided for in this Lease. The City Representatives shall have the right to recommend rules, regulations and standards respecting the Facility Premises, and Tenant shall incorporate any such reasonable rules, regulations and standards into the Facility Standards. Any supplemental or temporary stages that may be erected by either Landlord or Tenant on the Facility Premises shall be oriented in such a manner so that the stage and any amplified sound shall face away from the St. Xxxxx River.

Facility Operations. Subject to the terms of this Lease, including without limitation, Section 1111 11 hereof with respect to Landlord Events, Tenant shall have the exclusive right and authority to operate, manage, coordinate, control, use and supervise the conduct and operation of the business and affairs pertaining to or necessary for the operation and management of the Facility and the other portions of the Facility Premises, all in accordance with Governmental Requirements and the terms and provisions of this Lease (the “Operating Rights and Authority”). Tenant shall exercise its Operating Rights and Authority in a commercially reasonable manner consistent with the Facility Standard of Care. The Operating Rights and Authority shall include the following: Subject to insurance requirements of Section 15(b)15(b15(eeee) hereof, scheduling and contracting for all Facility Events (other than Landlord Events) and establishing all rules, regulations and standards respecting the Facility Premises and Facility Events (including requirements with respect to insurance by users of the Facility); employment (as agents, employees or independent contractors), termination, supervision and control of personnel (whether full-time, part-time or temporary) that Tenant determines to be necessary for the day-to-day operation and management of the Facility Premises, including security, facility management and other similar personnel, and determination of all compensation, benefits and other matters with regard to such personnel; selling and establishing the prices, rates, rentals, fees or other charges for goods, services or rights (including Concessions, and admission rights for all Facility Events other than Landlord Events) available at or with respect to the Facility; identifying and contracting with all contractors and vendors in connection with, and managing, coordinating and supervising, all Concessions, Advertising, Media rights and ticket operations for all Facility Events; procuring, negotiating and entering into contracts for the furnishing of all utilities, labor, equipment, services and supplies necessary for the operation of the Facility Premises; constructing, operating and displaying Signage on the interior, exterior or any other portion of the Facility Premises as Tenant deems necessary or desirable (subject to applicable Governmental Requirements), including without limitation Signage for sponsors; operating any social media or other Internet sites in respect of the Facility (and Landlord shall have the right to link such sites and to re-post comments on such sites); commencing, defending and settling such legal actions or proceedings concerning the operation of the Facility Premises as are necessary or required in the opinion of Tenant, and retaining counsel in connection therewith; provided that if Landlord is named as a party to such legal action or proceeding, for the duration of the period during which Landlord is a party, Tenant shall coordinate the management of such legal action or proceeding with Landlord and shall not settle any such action or proceeding with a settlement that, or consent to any judgment that, would require any act or forbearance on the part of Landlord or which does not release Landlord from all liability in respect of the action or proceeding without the prior written consent of Landlord in its reasonable discretion; negotiating, executing and performing use agreements, licenses and other agreements with other Persons who desire to use or schedule events at the Facility Premises (other than for Landlord Events); entering into subleases and licenses for portions of the Facility Premises (each a “Sublease”) in accordance with the provisions of this Lease; programming and operation of the Facility LED Screen subject to all Governmental Requirements; and performing, or causing to be performed, all Capital Projects in accordance with Section 1212 12 hereof. Tenant shall, at its sole cost and expense, be responsible for all security related to the Facility Premises, including, without limitation, as a result of Facility Events. Tenant shall have the exclusive right to plan, coordinate and administer the operation of the Facility and to enter into contracts and transact business with other Persons for the performance of Tenant’s obligations, duties and responsibilities under this Lease, provided that Tenant shall remain liable to Landlord for such obligations, duties and responsibilities to the same extent as if no such contract or other delegation had ever been made (except with respect to a Transfer approved by the City Representative under Section 19(b)19(b19(jjjj) hereof or permitted by Section 19(c)19(c19(kkkk) hereof). In connection with Tenant’s management, operation and use of the Facility Premises, Tenant shall not be obligated to (i) comply with or follow any Landlord selection processes, procurement requirements or similar procedures or requirements contained in the City Code or otherwise, except as otherwise set forth in this Lease or as required by Governmental Requirements, (ii) comply with Landlord employment practices (other than those applicable to employers generally) or any City Code or ordinance provisions uniquely governing the management or operation of public projects, buildings, structures or works, or (iii) except in connection with the Tenant’s compliance with Governmental Requirements, obtain Landlord approval of any of its actions, other than where specifically provided for in this Lease. The City Representatives shall have the right to recommend rules, regulations and standards respecting the Facility Premises, and Tenant shall incorporate any such reasonable rules, regulations and standards into the Facility Standards. Any supplemental or temporary stages that may be erected by either Landlord or Tenant on the Facility Premises shall be oriented in such a manner so that the stage and any amplified sound shall face away from the St. Xxxxx River.

Facility Operations. (a) Subject to the terms of this Lease, including without limitation, Section 1111 11 hereof with respect to Landlord Events, Tenant shall have the exclusive right and authority to operate, manage, coordinate, control, use and supervise the conduct and operation of the business and affairs pertaining to or necessary for the operation and management of the Facility and the other portions of the Facility Premises, all in accordance with Governmental Requirements and the terms and provisions of this Lease (the “Operating Rights and Authority”). Tenant shall exercise its Operating Rights and Authority in a commercially reasonable manner consistent with the Facility Standard of Care. The Operating Rights and Authority shall include the following: : (i) Subject to insurance requirements of Section 15(b)15(b15(b) hereof, scheduling and contracting for all Facility Events (other than Landlord Events) and establishing all rules, regulations and standards respecting the Facility Premises and Facility Events (including requirements with respect to insurance by users of the Facility); ; (ii) employment (as agents, employees or independent contractors), termination, supervision and control of personnel (whether full-time, part-time or temporary) that Tenant determines to be necessary for the day-to-day operation and management of the Facility Premises, including security, facility management and other similar personnel, and determination of all compensation, benefits and other matters with regard to such personnel; ; (iii) selling and establishing the prices, rates, rentals, fees or other charges for goods, services or rights (including Concessions, and admission rights for all Facility Events other than Landlord Events) available at or with respect to the Facility; ; (iv) identifying and contracting with all contractors and vendors in connection with, and managing, coordinating and supervising, all Concessions, Advertising, Media rights and ticket operations for all Facility Events; ; (v) procuring, negotiating and entering into contracts for the furnishing of all utilities, labor, equipment, services and supplies necessary for the operation of the Facility Premises; ; (vi) constructing, operating and displaying Signage on the interior, exterior or any other portion of the Facility Premises as Tenant deems necessary or desirable (subject to applicable Governmental Requirements), including without limitation Signage for sponsors; ; (vii) operating any social media or other Internet sites in respect of the Facility (and Landlord shall have the right to link such sites and to re-post comments on such sites); ; (viii) commencing, defending and settling such legal actions or proceedings concerning the operation of the Facility Premises as are necessary or required in the opinion of Tenant, and retaining counsel in connection therewith; provided that if Landlord is named as a party to such legal action or proceeding, for the duration of the period during which Landlord is a party, Tenant shall coordinate the management of such legal action or proceeding with Landlord and shall not settle any such action or proceeding with a settlement that, or consent to any judgment that, would require any act or forbearance on the part of Landlord or which does not release Landlord from all liability in respect of the action or proceeding without the prior written consent of Landlord in its reasonable discretion; ; (ix) negotiating, executing and performing use agreements, licenses and other agreements with other Persons who desire to use or schedule events at the Facility Premises (other than for Landlord Events); ; (x) entering into subleases and licenses for portions of the Facility Premises (each a “Sublease”) in accordance with the provisions of this Lease; ; (xi) programming and operation of the Facility LED Screen subject to all Governmental Requirements; and and (xii) performing, or causing to be performed, all Capital Projects in accordance with Section 1212 12 hereof. . (b) Tenant shall, at its sole cost and expense, be responsible for all security related to the Facility Premises, including, without limitation, as a result of Facility Events. . (c) Tenant shall have the exclusive right to plan, coordinate and administer the operation of the Facility and to enter into contracts and transact business with other Persons for the performance of Tenant’s obligations, duties and responsibilities under this Lease, provided that Tenant shall remain liable to Landlord for such obligations, duties and responsibilities to the same extent as if no such contract or other delegation had ever been made (except with respect to a Transfer approved by the City Representative under Section 19(b)19(b19(b) hereof or permitted by Section 19(c)19(c19(c) hereof). . (d) In connection with Tenant’s management, operation and use of the Facility Premises, Tenant shall not be obligated to (i) comply with or follow any Landlord selection processes, procurement requirements or similar procedures or requirements contained in the City Code or otherwise, except as otherwise set forth in this Lease or as required by Governmental Requirements, (ii) comply with Landlord employment practices (other than those applicable to employers generally) or any City Code or ordinance provisions uniquely governing the management or operation of public projects, buildings, structures or works, or (iii) except in connection with the Tenant’s compliance with Governmental Requirements, obtain Landlord approval of any of its actions, other than where specifically provided for in this Lease. . (e) The City Representatives shall have the right to recommend rules, regulations and standards respecting the Facility Premises, and Tenant shall incorporate any such reasonable rules, regulations and standards into the Facility Standards. . (f) Any supplemental or temporary stages that may be erected by either Landlord or Tenant on the Facility Premises shall be oriented in such a manner so that the stage and any amplified sound shall face away from the St. Xxxxx River.

Facility Operations. Subject to the terms of this Lease, including without limitation, Section 1111 11 hereof with respect to Landlord Events, Tenant shall have the exclusive right and authority to operate, manage, coordinate, control, use and supervise the conduct and operation of the business and affairs pertaining to or necessary for the operation and management of the Facility and the other portions of the Facility Premises, all in accordance with Governmental Requirements and the terms and provisions of this Lease (the “Operating Rights and Authority”). Tenant shall exercise its Operating Rights and Authority in a commercially First Classcommercially reasonable manner manner. consistent with the Facility Standard of Care. The Operating Rights and Authority shall include the following: Subject to insurance requirements of Section 15(b)15(b15(b),15(b) hereof, scheduling and contracting for all Facility Events (other than Landlord Events) and establishing all rules, regulations and standards respecting the Facility Premises and Facility Events (including requirements with respect to insurance by users of the Facility); employment (as agents, employees or independent contractors), termination, supervision and control of personnel (whether full-time, part-time or temporary) that Tenant determines to be necessary for the day-to-day operation and management of the Facility Premises, including security, facility management and other similar personnel, and determination of all compensation, benefits and other matters with regard to such personnel; selling and establishing the prices, rates, rentals, fees or other charges for goods, services or rights (including Concessions, and admission rights for all Facility Events other than Landlord Events) available at or with respect to the Facility; identifying and contracting with all contractors and vendors in connection with, and managing, coordinating and supervising, all Concessions, Advertising, Media rights and ticket operations for all Facility Events; procuring, negotiating and entering into contracts for the furnishing of all utilities, labor, equipment, services and supplies necessary for the operation of the Facility Premises; constructing, operating and displaying Signage on the interior, exterior or any other portion of the Facility Premises as Tenant deems necessary or desirable (subject to applicable Governmental Requirements), including without limitation Signage for sponsors; operating any social media or other Internet sites in respect of the Facility (and Landlord shall have the right to link such sites and to re-post comments on such sites); commencing, defending and settling such legal actions or proceedings concerning the operation of the Facility Premises as are necessary or required in the opinion of Tenant, and retaining counsel in connection therewith; provided that if Landlord is named as a party to such legal action or proceeding, for the duration of the period during which Landlord is a party, Tenant shall coordinate the management of such legal action or proceeding with Landlord and shall not settle any such action or proceeding with a settlement that, or consent to any judgment that, would require any act or forbearance on the part of Landlord or which does not release Landlord from all liability in respect of the action or proceeding without the prior written consent of Landlord in its reasonable discretion; negotiating, executing and performing use agreements, licenses and other agreements with other Persons who desire to use or schedule events at the Facility Premises (other than for Landlord Events); entering into subleases and licenses for portions of the Facility Premises (each a “Sublease”) in accordance with the provisions of this Lease; and programming and operation of the Facility LED Screen subject to all Governmental Requirements; and performing, or causing to be performed, all Capital Projects in accordance with Section 1212 12.12 hereof. Tenant shall, at its sole cost and expense, be responsible for all security related to the Facility Premises, including, without limitation, as a result of Facility Events. Tenant shall have the exclusive right to plan, coordinate and administer the operation of the Facility and to enter into contracts and transact business with other Persons for the performance of Tenant’s obligations, duties and responsibilities under this Lease, provided that Tenant shall remain liable to Landlord for such obligations, duties and responsibilities to the same extent as if no such contract or other delegation had ever been made made. (except with respect to a Transfer approved by the City Representative under Section 19(b)19(b19(b) hereof or permitted by Section 19(c)19(c19(c) hereof). In connection with Tenant’s management, operation and use of the Facility Premises, Tenant shall not be obligated to (i) comply with or follow any Landlord selection processes, procurement requirements or similar procedures or requirements contained in the City Code or otherwise, except as otherwise set forth in this Lease or as required by Governmental Requirements, (ii) comply with Landlord employment practices (other than those applicable to employers generally) or any City Code or ordinance provisions uniquely governing the management or operation of public projects, buildings, structures or works, or (iii) except in connection with the Tenant’s compliance with Governmental Requirements, obtain Landlord approval of any of its actions, other than where specifically provided for in this Lease. The City Representatives shall have the right to recommend rules, regulations and standards respecting the Facility Premises, and Tenant shall incorporate any such reasonable rules, regulations and standards into the Facility Standards. Any supplemental or temporary stages that may be erected by either Landlord or Tenant on the Facility Premises shall be oriented in such a manner so that the stage and any amplified sound shall face away from the St. Xxxxx River.