Hotel Employees. A. All Hotel Employees shall be employees of Operator. Operator shall comply with all applicable Legal Requirements, Union Agreements, including, without limitation, worker’s compensation, social security, unemployment insurance, hours or labor, wages, working conditions, and other employer-employee related subjects respecting the Hotel Employees. To the extent possible, Operator shall use local labor in the operation of the Hotel. Notwithstanding anything to the contrary herein, upon commencement of management of the Hotel, Operator agrees to offer employment to a sufficient number of former employees of the Hotel who desire employment by Operator on sufficient terms and conditions to avoid the notification requirements of the WARN Act and similar state law requirements. The Operator may not knowingly hire any individuals for employment at the Hotel who are related to the officers, directors or shareholders of Operator without Owner’s prior approval. Operator shall use its reasonable efforts to design, promote and implement employment practices which emphasize the continuity of management (including but not limited to the executive staff), minimize training and moving costs and reduce personnel turnover and shall consider the objective of minimizing Operating Expenses when making staffing, employee transfer and staff reduction decisions.
B. Owner shall have the right to consult with Operator with respect to the hiring, initially and with respect to any replacement of, the Hotel’s General Manager, Director of Sales and Marketing, Director of Finance, Director of Human Resources, Director of Food and Beverage, Director of Catering, Chief Engineer and Executive Chef (the “Core Executive Staff”). Owner shall have the right to approve, which approval shall not be unreasonably withheld, delayed or conditioned, the hiring or replacement of the Core Executive Staff within five (5) business days after written request from Operator, which request shall be accompanied by such information as is reasonably necessary to enable Owner to make an informed decision. In the event Owner fails to notify Operator in writing of its approval or disapproval within such five (5) business day period, Operator shall deliver to Owner of a second notice following such original five (5) business day period, indicating in ALL CAPITAL TYPE that Owner’s failure to deliver its objection as provided in this Section 4.1 in the next five (5) business days shall result in Owner’s deemed approv...
Hotel Employees. 11.2.1 Seller warrants to Purchaser that Seller does not employ any person employed at the Hotel, and that all persons employed at the Hotel (other than such persons as may be employees of any vendor or tenant under a Contract) (the “Employees”) are employees of Existing Manager at Hotel. Seller covenants with Purchaser that from and after the Contract Date, Seller shall request that Existing Manager cooperate with Purchaser to assist Purchaser in gathering information in connection with Purchaser’s decisions with respect to the possible hiring of Employees, provided that such Existing Manager shall not have any obligation to disclose confidential personnel files or the information therein to Purchaser.
11.2.2 Seller shall cause all Employees at the Hotel to be terminated as of the Closing Date, and Purchaser shall have no liability or responsibility for any salaries, wages, vested vacation, employment and payroll related taxes, and withholding taxes for such Employees prior to the Closing Date. If Purchaser or its management company shall hire any of such Employees as of the Closing Date, then the wages and benefits of such Employees shall be the responsibility of Purchaser from and after the Closing Date. Seller shall be responsible for the salaries, wages, vested vacation, employment and payroll related taxes, and withholding taxes for all such Employees up to the Apportionment Time; provided, however, notwithstanding anything to the contrary expressed or implied in the foregoing, Seller’s obligation is limited to the amount of such wages and benefits as are due such employees for such time period pursuant to the Existing Manager’s employment policy. With respect to any Employees hired by Purchaser or its management company as of the Closing Date, if permitted by law, in lieu of the foregoing provisions Seller shall provide a credit to Purchaser in the amount which Seller would otherwise be obligated to pay to such Employees at Closing in accordance with this Section 11.2.2 for vested vacation time.
11.2.3 Purchaser hereby covenants and agrees to make such offers of employment to Employees at the Hotel in such numbers and on such terms as necessary to comply with the WARN Act. Purchaser agrees to indemnify, defend and hold harmless Seller Indemnitees from and against any loss, damage, liability, claim, cost or expense (including reasonable attorneys’ fees) that may be incurred by, or asserted against, any such indemnified party arising out of or relatin...
Hotel Employees. Subject to Section 4.5(a), Manager will establish and implement all employment policies for Hotel Employees, including salaries, wages, fringe benefits, other compensation, recruitment, hiring, relocation, transfer, discharge and retirement, severance and other benefit plans in accordance with Manager’s standard policies, subject to reasonable variances Manager establishes for the Hotel.
Hotel Employees. Purchaser shall, or shall cause its Permitted Assignee(s) or their respective agents (which may include, without limitation, Crestline Hotels & Resorts, LLC or any other property manager) to offer employment, effective as of the day of the applicable Closing, to a sufficient number of employees employed at (including those employed by a property manager) each of the Hotels acquired by Purchaser or its Permitted Assignee(s) under this Agreement, that would reasonably be expected to result in neither Sellers nor their respective agents under the Management Agreements having any liability under the WARN Act with regards to any such Hotel. Sellers shall provide such information to Purchaser as is necessary for Purchaser to determine the minimum number of employees to be offered employment pursuant to the preceding sentence. Notwithstanding anything herein to the contrary, none of Purchaser, its Permitted Assignee(s) or their respective agents shall assume any compensation, severance, WARN Act or other obligations or liabilities with respect to (i) any employees of and/or independent contractors providing services at or relating to the Hotels for services rendered prior to the applicable Closing and/or (ii) any employees and/or independent contractors at or relating to any of the Hotels for any period who are not offered and/or who do not accept an offer of employment from Purchaser, its Permitted Assignee(s) or their respective agents.
Hotel Employees. No Seller, Hotel or applicable property manager shall enter into any union contracts or other agreements with any employees or independent contractors at or relating to the Hotels which would be the responsibility of Purchaser from and after the applicable Closing without advance notice to, and the written consent of, Purchaser. No Seller, Hotel or applicable property manager shall take any action with respect to individuals or independent contractors employed or providing services at or relating to any Hotel or Property (or any portion thereof) that could result in liability being incurred by Purchaser under any law or claim pertaining to the employment of individuals employed at or relating to a Hotel or Property (or any portion thereof), including, but not limited to, under the Worker Adjustment Retraining and Notification Act or similar state or local laws (the “WARN Act”), without advance notice to, and the written consent of, Purchaser.
Hotel Employees. Upon the expiration or termination of this Lease, unless a different proration or allocation of these items was made between Lessor and Lessee on the commencement of this Lease, Lessee shall pay or cause to be paid, with respect to all of the employees working at the Facility (the "Hotel Employees"), all sums due or payable to them, for the period up to an including the termination date, all accrued (whether or not earned) wages, salaries, bonuses, vacation, sick, bereavement, personal and other similar days or benefits, workers' compensation, welfare benefits, deferred compensation, savings, pension, profit-sharing, 401K and other retirement plan payments, and similar payments, reimbursements or benefits, and Lessee expressly indemnifies Lessor and any successor employer of any or all of the Hotel Employees from and against any and all liability therefor. If any of the Hotel Employees are covered by a multi-employer pension plan for which there is withdrawal liability under Title IV of the Employee Retirement Income Security Act of 1974 as amended, and provided the termination of this Lease is not due to an Event of Default hereunder by Lessee, Lessor shall assume or shall cause the successor employer to assume such withdrawal liability.
Hotel Employees. 46 14.01 Employees...............................................................46 ---------
Hotel Employees. The Sellers shall cause the Manager to pay all wages, payroll taxes and fringe benefits (including vacation pay and sick pay) to the extent actually earned or accrued as well as social security, unemployment compensation, health, life and disability insurance as well as welfare and pension fund contributions, if any, through the time immediately prior to the beginning of the “day shift” on the Closing Date and Purchaser shall pay all such amounts which are earned or accrue for services rendered thereafter. Except as set forth in Section 33.2, the Sellers shall jointly and severally indemnify, defend and hold Purchaser harmless from and against any loss, damage, liability, claim, cost or expense (including, without limitation, reasonable attorneys’ fees) that may be incurred by, or asserted against, Purchaser after Closing which involves any matter relating to a past or present Hotel Employee concerning acts or omissions occurring up to the Adjustment Point, including, but not limited to, the payments required under the prior sentence. Those Hotel Employees who are offered employment by Purchaser and who accept such offer of employment shall hereafter be referred to as “Transferred Employees.” The Purchaser shall pay all wages, salaries, payroll taxes and contributions due in respect of pension and welfare plans, if any, and other fringe benefits, if any, implemented by Purchaser or its management company for all Transferred Employees which are first earned or first accrue for services rendered by such Employees to the applicable Hotel from and after the Closing Date. Purchaser shall indemnify, defend and hold the Sellers harmless from and against any loss, damage, liability, claim, cost or expense (including, without limitation, reasonable attorney’s fees) that may be incurred by, or asserted against, any such party after Closing which involves any matter relating to a Hotel Employee concerning acts or omissions occurring from and after the Adjustment Point, including, without limitation, any severance obligations and any payment required to be made by Purchaser under this Section 33. For purposes of this Section 33.1 and Section 33.2, a loss, damage, liability, claim, cost or expense shall be deemed incurred when the matter giving rise to the claim occurs (e.g., in the case of life insurance, when the death occurs, in the case of long-term disability benefits, when the disability first arises and, in the case of a hospital stay, when the employee first en...
Hotel Employees. Investor recognizes that the Hotel is subject to that certain Industry Wide Collective Bargaining Agreement (“IWA”) between the New York Hotel and Motel Trades Council, AFL-CIO (the “Union”) and the Hotel Association of New York City, Inc., effective July 1, 2012, as may be amended from time to time. As such, Investor acknowledges and agrees to the following:
A. Upon Closing, the Company and Investor must assume and be bound to the IWA, consistent with the terms of the IWA, including Article 59(B) thereof.
B. Not less than thirty (30) days prior to the Closing, BOC will be entitled to give the Union written notice of the possibility of a transaction, consistent with Article 59(E) of the IWA.
C. Not less than ten (10) business days prior to the Closing, BOC will be entitled to give the Union notice in writing of the transaction between Existing Members and Investor which will include the full and complete identity of the Investor, together with a duly executed copy of the pertinent portion of this Section 15).
D. The Company and Investor shall execute the Assumption Agreement not less than ten (10) days prior to closing pursuant to Article 59 (C) of the IWA, pursuant to the Assumption Agreement in the form attached as Exhibit T.
E. To the extent applicable, the Union shall be given at least thirty (30) days’ notice of any major structural alteration.
Hotel Employees. On the Closing Date, the Seller shall or shall cause the employer of the Hotel Employees, to terminate the employment of all Hotel Employees. Purchaser shall have no obligation to hire the Hotel Employees. The provisions of this Section 5.12 shall survive the Closing. Sellers shall have sole and exclusive responsibility for any compliance, including all applicable notices, with the requirements, if any, of the Worker Adjustment and Retraining Notification Act.
