Management by Third-Party Operator. Developer shall have the right to directly operate the Courses. Developer, subject to the City’s prior written approval, has the right to subcontract operation of the Courses to firms affiliated, owned or under common control with Developer and/or any of its joint venture partners or to unrelated third parties (“Third-Party Operators”). Any such subcontracting shall not relieve Developer of its primary responsibility for performance of its duties and obligations under this agreement. To the extent allowed by Texas law, the City shall be deemed to be a third party beneficiary to each contract and subcontract by the Developer for operation or maintenance of the Courses.
A. All contracts and subcontracts for the maintenance and operation of the Courses must require at a minimum strict compliance with the provisions of this agreement and a provision providing for the assignment of the contract or subcontract to the City in the event of Developer’s default hereunder and the termination of this agreement prior to its Expiration Date, without consent of the contractor, upon request of the City. Developer assumes ultimate responsibility for all work, acts or omissions of any contractor made in connection with this agreement. The above provision shall apply with equal force to any assignment proposed by Developer.
B. Developer agrees that it is responsible for the performance of its contractors, and joint venture partners, if any, under this agreement. Developer agrees to initiate and take all corrective action should a Contractor or joint venture partner fail to comply with its contract with Developer or any provision of this agreement. The failure of a contractor or joint venture partner to comply with the provisions of this agreement shall constitute a default by Developer under this agreement entitling the City to exercise its remedies pursuant to Article 18 of this agreement.
Management by Third-Party Operator. If the Governing Authority enters into a contract for management or operation of the School and its curriculum and operations, such fully-executed contract shall require prior written approval of the Sponsor and incorporation as Attachment 3.
Management by Third-Party Operator. Copy of Fully Executed Operator Contract NOTE: Check here [ ] if the School is not currently managed by a third party. If the School decides to engage an operator in the future, this will require a contract modification. Under R.C. 3314.032(A), new or renewed operator contracts entered into on or after February 1, 2016 must include the following: • Criteria to be used for early termination of the operator contract, • Required notification procedures and timeline for early termination or non-renewal of the operator contract, and • A stipulation of which entity owns all community school facilities and property including, but not limited to, equipment, furniture, fixtures, instructional materials and supplies, computers, printers, and other digital devices purchased by the governing authority or management company. Any stipulation regarding property ownership must comply with the requirements of R.C. 3314.0210.
