Golf Facility Sample Clauses
Golf Facility. As of the Effective Date, Westin’s management of the Golf Facility shall be delegated to the Golf Manager pursuant to the Golf Management Agreement. In light of the integrated nature of the Resort, and in light of the importance of the successful operation of the Golf Facility to the success of the Resort, Westin and Owner shall cooperate fully with each other with respect to the oversight of the operation of the Golf Facility and Golf Manager by Westin. The Golf Director shall, pursuant to the Golf Management Agreement, report to the General Manager, and shall participate with Westin in the development of sales and marketing, booking, pricing strategies and other operational matters affecting the Golf Facility and other components of the Resort. Such oversight by Westin shall be effected with guidance from Owner. By way of example, but subject to the limitations contained in other agreements affecting the Resort (including, without limitation, the Master Lease Agreement), if Owner and Westin determine that it is in the interest of the Resort to offer package pricing to Resort guests for rooms and for greens fees and/or lessons or other services at the Golf Facility, Westin, Golf Manager and Owner shall cooperate in good faith to make appropriate allocations of the revenues and expenses between the Golf Facility and the balance of the Resort. In addition, Owner agrees to comply and to cause its Affiliates to comply with the following terms and conditions during the term of this Agreement.
2.11.1 The Golf Facility, as well as all signage, landscaping, entry and access components of the Golf Facility shall be, and Owner and Westin shall at all times exercise reasonable and diligent efforts by direct action, enforcement of contractual rights or otherwise to insure that such facilities and components are, maintained and operated to a standard consistent and compatible with the first-class standard of the Resort as contemplated by this Agreement and consistent with the standards of maintenance and operation of other first-class golf resorts operated by Westin. Westin shall ensure that at all times the operation of the Golf Facility complies with the Operating Standard.
2.11.2 Throughout the term of this Agreement, Owner shall ensure that the Resort is afforded access and use rights with respect to the Golf Facility in order to seek to satisfy the reasonable needs and expectations of Resort guests. In furtherance of the foregoing covenant, Owner acknowledges tha...
Golf Facility. As of the Effective Date, a miniature golf course and a golf driving range are located on the portion of the Project Area depicted on Exhibit B attached hereto (the “Golf Facility”) pursuant to Concession Agreement for the Operation of Burholme Park Concession Facilities (City of Philadelphia Contract No. 97-8000) (the “Golf License”) between Burholme Golf, Inc. (the “Operator”) and the City. As shown on said Exhibit, a portion of the Golf Facility is located within the portion of the Project Area that Tenant anticipates it will lease during Phases 3 and/or 4 of the Campus Expansion. The Golf License was renewed under a letter agreement dated December 19, 2006. Tenant agrees that the Golf Facility may continue in operation on the Project Area during the Golf License “Adjusted Renewal Term” (as defined in the letter agreement), which expires on September 15, 2009. Landlord shall advise Tenant of any further continuation of the Golf License permitting operation on the Project Area beyond such date. City may extend the term of the Golf License permitting operation on the Project Area beyond said date on a year-to-year basis, or for such longer term as the City may elect, provided that any extension shall be subject to the obligation of the City to terminate the Golf License as it relates to the Project Area (following Tenant’s delivery of an Expansion Option Election Notice for a Phase that affects the Golf Facility) upon one hundred twenty (120) days prior written notice or, if the 120-day period would end between April 1 and October 30 of any calendar year, on the immediately following December 10, so that Landlord may deliver the portion of the Golf Facility in the Project Area as and when required by the terms of this Lease. Notwithstanding anything in this Lease to the contrary, the City (or its designee) shall be entitled to all rents or license fees paid pursuant to the Golf License and Tenant shall not be obligated for any utilities and/or services consumed by the Operator or allocated to the Golf Facility during the term of the Golf License.