Management of Facilities zulily shall own the management and operation of all Facilities. zulily agrees to provide Provider and its personnel with access to the Facilities, equipment and technology to permit Provider and its personnel to provide the Services. zulily agrees that Provider personnel will not be required, without Provider’s written consent which will not be unreasonably withheld, to: drive zulily vehicles; lift over fifty (50) pounds; handle chemicals; handle cash, credit card information or other valuables; operate unguarded machinery or perform any work above floor level, including elevated platforms, scaffolding, manlifts, ladders, etc. It is understood that Provider employees may be required to perform work on or at the mezzanine level.
Management of Facilities. (i) Each Facility will be managed at all times by a Manager (as defined in the First Mortgage Loan Agreements) pursuant to a Management Agreement (as defined in the First Mortgage Loan Agreements). The Manager(s) will agree that Management Agreements (as defined in the First Mortgage Loan Agreements) are subject and subordinate in all respects to the Liens of the applicable First Mortgage Loans. Borrowers shall cause the Management Agreements to be terminated at the Mezzanine Lender's request and, if the First Mortgage Loan is outstanding, only upon prior written consent of the applicable First Mortgage Lender, upon thirty (30) days' prior written notice to the applicable First Mortgage Loan Borrower and the Manager (i) upon the occurrence and during the continuance of an Event of Default, (ii) if the Manager commits any act which would permit termination by the applicable First Mortgage Loan Borrower under any Management Agreement or (iii) in the event that, as of the last day of a calendar quarter, the Debt Service Coverage Ratio (as defined in the First Mortgage Loan Agreements) for the Facilities, computed on the basis of the prior twelve (12) calendar months, is less than 1.15; provided, however, that the Mezzanine Lender shall not have the right to cause the termination of the Management Agreements upon the occurrence of the event described in clause (iii) above, if within five (5) days of the Mezzanine Lender's request that the Management Agreements be terminated, the applicable First Mortgage Loan Borrower causes a defeasance of the applicable First Mortgage Loan in accordance with and subject to the terms of Section 2.6 of the applicable First Mortgage Loan Agreement in an amount sufficient to cause the Debt Service Coverage Ratio for the relevant Facilities computed on the basis of the prior twelve (12) calendar months to be greater than or equal to 1.40 (calculated as if such amount was actually applied to reduce the Principal Indebtedness (as defined in the applicable First Mortgage Loan Agreement) upon which Debt Service (as defined in the First Mortgage Loan Agreements) was paid and calculated as if the Principal Indebtedness (as defined in the applicable First Mortgage Loan Agreement) was reamortized on a straight-line basis (as if the reduction had occurred) over the remaining number of months until the Maturity Date (as defined in the applicable First Mortgage Loan Agreement) of the relevant First Mortgage Loan). In determining whether to ...
Management of Facilities. It is recognized that except as limited or abrogated by the terms of this Agreement, the management of the Employer, the control of its properties, and the maintenance of order and efficiency are the responsibility of the
Management of Facilities. Rebuild Bay, as management agent, will maintain hours of operation for A.D. Xxxxxx and oversee day-to-day activity, in order to develop the building and its facilities as a community resilience center. In reaching these objectives, Rebuild Bay shall perform as follows:
Management of Facilities. Once the Ground Lease terminates, the University, at the direction of the Board, shall operate and manage the Facilities.
Management of Facilities.
9.1 All management rights, powers, authority and functions, regardless of the frequency or infrequency of their exercise, shall remain vested exclusively in the Employer. It is expressly recognized that such rights, powers, authority and functions include, but are not necessarily limited to, the full and exclusive control, management and operation of its business, including its facilities and employees; the determination of the scope of its activities; the right to establish and change shifts and schedules of work including the exclusive right to establish days of work and days off; the right to fill vacancies; the right to determine and change the duties of each job classification; the right to add or eliminate job classifications; the right to promulgate, implement and enforce policies, rules, regulations and procedures necessary to manage and operate its business and the right to amend and/or modify those policies, rules, regulations and procedures as deemed necessary; the right to determine the number of employees, and the assignment of duties and job functions thereto; the right to direct the work force; the right to hire and train new employees; the right to discipline or discharge employees for just cause; the right to assign, schedule, layoff, recall, promote, demote and transfer its employees; the right to discontinue temporarily or permanently, in whole or in part, the operations of its business covered or affected by this Agreement, and any and all other functions of management. However, nothing contained in this section shall be construed as granting the Employer the right to act in any manner that conflicts with the expressed terms and conditions set forth in this Agreement.
Management of Facilities. A. All notices to the city and all obligations by the city to do or receive anything shall be executed by and through the City of Xxxxxx. If anything, herein requires performance decision or discretion on the part of the city, same shall be executed by the City Manager of the City of Xxxxxx or the City Manager's designee. Regarding the city, the address for notice shall be as follows: City of Xxxxxx 101 S. Main Joshua, TX 75833 The telephone number to be called during business hours is 000-000-0000 and after hours is 000-000-0000 (primary number for Supervisor over Parks and Recreation.) Regarding the Association, the notification address shall be that of the chief executive officer or the field operations officer designated to the City by the Association.
Management of Facilities. The Alliance, as management agent, will maintain hours of operation for the Center for the Arts facilities and oversee day-to-day activity, in order to develop the building and its facilities as a community arts resource. In reaching these objectives, the Alliance shall perform as follows:
Management of Facilities. During the term of this Agreement, Manager shall supervise the management of the Facilities including but not limited to staffing, accounting, billing, collections, setting of rates and charges and general administration. In connection therewith Manager (either directly or through supervision of employees of the Facilities) shall;
(a) Hire on behalf of Owner and maintain (to the extent such personnel are reasonably available in the community in which the Facilities are located) an adequate staff of nurses, technicians, office and other employees, including an administrator, at wage and salary rates for various job classifications approved from time to time by Owner; and release employees at Manager's discretion.
(b) Recommend and institute, subject to approval of Owner, appropriate employee benefits. Employee benefits may include pension and profit-sharing plans, insurance benefits, incentive plans for key employees and vacation policies.
(c) Design and maintain accounting, billing, patient and collection records; prepare and file insurance, Medicaid, Medicare and any and all other necessary or desirable reports and claims related to revenue production.
(d) Order, supervise and conduct a program of regular maintenance and repair of the Facilities except that physical improvements costing more than $500.00 shall be subject to prior approval of Owner which shall not be unreasonably withheld.
(e) Purchase supplies, drugs, solutions, equipment, furniture and furnishings on behalf of Owner, except that purchases of items of equip- ment which cost more than $500.00 shall be subject to prior approval of Owner which shall not be unreasonably withheld.
(f) Administer and schedule all services of the Facilities.
(g) Supervise and provide the operation of food service facilities.
(h) Provide for the orderly payment (to the extent funds of Owner are available therefore) of accounts payable, employee payroll, taxes and insurance premiums.
(i) Institute standards and procedures for admitting patients, for charging patients for services, and for collection of charges from ths patients or third parties.
(j) Advise and assist Owner in obtaining and maintaining adequate insurance coverage with Owner, Manager and such other persons as requested by Owner named as insured for the Facilities. Manager shall advise Owner with regard to the availability, nature and desirable policy limits of insurance coverage for the Facilities, and shall request and receive bids for such coverag...
