GENERAL SERVICES BY OPERATOR. 3.1. During the Operating Term, Operator, as agent and for the account of Owner, shall in accordance with the Budgets (as defined in Section 9.4) and the other applicable provisions of this Agreement and subject to the availability of funds:
A. Recruit, train, direct, supervise, employ and dismiss on-site staff ("Hotel Employees") for the operation of the Hotel and, with Owner's approval, enter into collective bargaining agreements with unions representing such Hotel Employees;
B. Develop and implement advertising, marketing, promotion, publicity and other similar programs for the Hotel;
(i) Negotiate, enter into and, at Owner's direction, enforce leases, licenses and concession agreements (collectively, "Leases") for stores, office space and lobby space at the Hotel, collect the rent under such Leases and otherwise administer the Leases and (ii) negotiate, enter into and, at Owner's direction, enforce contracts for the provision of services to the Hotel.
D. Apply for, process and take all necessary steps to procure and keep in effect in Owner's name (or ,if required by the licensing authority, in Operator's name or both) all licenses and permits required for the operation of the Hotel;
E. Purchase all FF&E, Operating Equipment and Operating Supplies necessary for the operation of the Hotel;
F. Provide routine accounting and purchasing services as required in the ordinary course of business;
G. Maintain the Hotel in a good state of repair and in accordance with all applicable laws, ordinances, regulations, rulings and orders of governmental authorities and the rules, regulations and orders of the local Board of Fire Underwriters or similar body and in accordance with all agreements (collectively, "Major Agreements") as to which the Hotel or Owner is bound (including, but not limited to, the Lease, mortgages, deeds of trust, ground leases, restrictive covenants, franchise agreements and insurance policies);
H. Represent Owner in connection with the making of any capital improvements to the Hotel or the renovation and refurbishment of the Hotel and to that end negotiate and enter into agreements for architectural, engineering, testing, consulting and construction services. Operator shall also establish and implement appropriate administrative and financial controls for any renovation or refurbishment of the Hotel, which shall include, but not be limited to, coordination and administration of the architect, general contractor and other professionals and consu...
GENERAL SERVICES BY OPERATOR. 1Scope of Services During the Term, Operator, for the account of Owner, shall in accordance with the applicable provisions of this Agreement, and only to the extent Owner has provided sufficient funds therefor, either through Hotel operations or directly from Owner:
GENERAL SERVICES BY OPERATOR. 3.1. During the Operating Term (and, as applicable, the Start-up Period), Operator, as agent and for the account of Owner, shall in accordance with the Budgets (as defined in Section 9.4) and the other applicable provisions of this Agreement and subject to the availability of funds:
A. Provide first class breakfast, lunch and dinner to the Managed Outlet comparable to other Daily Grill operations from 6:30am to at least 11 :0Opm, seven (7) days each week, three hundred sixty-five (365) days a year. The menu and pricing for the Managed Outlet and banquets shall be at a price comparable to other Daily Grill locations and subject to the prior reasonable approval of Hotel Operator.
B. Provide first class food and beverage service for banquet and catering events at Operator's standard menu pricing, subject to the reasonable prior approval of Hotel Operator, for any events scheduled by the Hotel. Operator shall add a fixed fifteen percent (15%) service charge to all banquet checks.
C. Provide first class room service operations for breakfast, lunch and dinner during the hours when the Restaurant is open for business, seven (7) days each week, three hundred sixty-five (365) days a year. Room service menu prices shall not be greater than fifteen percent (15%) above the prices on the dining room menu without the prior written consent of Owner. A fixed gratuity of fifteen percent (15%) or a reasonable delivery charge (at Operator's discretion, subject to the approval of Owner, such approval not to be unreasonably withheld) may be charged on all room service orders and will be clearly indicated on the Hotel guest check.
D. Recruit, train, direct, supervise, employ and dismiss on-site staff ("Managed Outlet Employees") for the operation of the Managed Outlet, and at Operator's expense provide such corporate supervisory personnel as it deems necessary at its corporate offices to oversee management of the Managed Outlet.
E. Develop and implement advertising, marketing, promotion, publicity and other similar programs for the Managed Outlet, in accordance with this Agreement and the Budgets or as otherwise approved by Owner.
F. Negotiate and enter into contracts for the provision of services to the Managed Outlet; provided, however, that any contract for an amount in excess of $25,000 per year; which has a term in excess of two years, with any affiliate of Operator or affiliate, which would result in a lien or encumbrance on the Restaurant or Hotel or which is not termina...
GENERAL SERVICES BY OPERATOR
