Management of the Hotel. A. Manager shall manage the Hotel, including, without limitation, performance of the following functions, in accordance with Prudent Industry Practices, the provisions of this Agreement and all standards imposed by the Franchise Agreement (provided that in all cases, except as otherwise specifically set forth in this Agreement, the costs and expenses of performing such functions shall be Deductions):
1. Recruit, employ, supervise, direct and discharge the employees at the Hotel and maintain adequate staff, consistent with Prudent Industry Practices, to carry out its duties under this Agreement, which employees may be employed by an Affiliate of Manager as provided in Section 1.03.
2. Establish prices, rates and charges for services provided in the Hotel, including Guest Room rates.
3. Establish and revise, as necessary and in accordance with Prudent Industry Practices, administrative policies and procedures, including policies and procedure for the control of revenue and expenditures, for the purchasing of supplies and services, for the control of credit and for the scheduling of maintenance, and verify that the foregoing procedures are operating in a sound manner.
4. Make payments on accounts payable and collect accounts receivable.
5. Procure (for Owner) all Inventories and replace Fixed Asset Supplies.
6. Prepare and deliver interim accountings, annual accountings, Annual Operating Statements, Building Estimates, Repairs and Equipment Estimates and such other information as is required by this Agreement.
7. Plan, execute and supervise repairs and maintenance at the Hotel.
8. Obtain the insurance required to be obtained by Manager pursuant to Article VI of this Agreement and provide or cause to be provided all risk management services related thereto, subject to the provisions of Section 6.05.
9. Obtain and keep in full force and effect, either in its own name or in Owner’s or Owner’s affiliate’s name, as may be required by applicable law, any and all licenses (including, without limitation, liquor licenses which shall be maintained in the name of Manager to the extent permitted by law) and permits to the extent same is within the control of Manager (or, if same is not within the control of Manager, Manager shall use reasonable efforts to obtain and keep same in full force and effect).
10. Subject to the terms of this Agreement, execute subordination agreements, estoppel certificates and other documentation required by any purchaser or mortgagee and reas...
Management of the Hotel. A. The management and operation of the Hotel shall be under the exclusive supervision and control of Manager except as otherwise specifically provided in this Agreement. Manager shall manage and operate the Hotel in an efficient and economical manner consistent with standards prevailing in other hotels in the System, including all activities in connection therewith which are customary and usual to such an operation (provided, however, that if the market area or the physical peculiarities of the Hotel warrant, in the reasonable judgment of Manager, a deviation from such standards shall be permitted (the “Operating Standards”)). Manager shall, in accordance with the System Standards, the Operating Standards and the terms of this Agreement:
1. Recruit, employ, supervise, direct and (when appropriate) discharge the employees at the Hotel.
2. Establish Guest Room rates and prices, rates and charges for services provided in the Hotel.
3. Establish administrative policies and procedures, including policies and procedures for employment, control of revenue and expenditures, maintenance of bank accounts for the purchasing of supplies and services, control of credit, and scheduling of maintenance and verify that the foregoing procedures are operating in a sound manner.
4. Manage expenditures to replenish Inventories and Fixed Asset Supplies, make payments on accounts payable and collect accounts receivable.
5. Arrange for and supervise public relations and advertising and prepare marketing plans.
6. Procure all Inventories and replacement Fixed Asset Supplies.
7. Prepare and deliver Monthly Statements, Annual Operating Statements, Annual Operating Projections, Capital Estimates, Capital Statements and such other information required by this Agreement or as Owner may reasonably request.
8. Plan, execute and supervise repairs, maintenance alterations and improvements at the Hotel.
9. Provide, or cause to be provided, risk management services relating to the types of insurance required to be obtained or provided by Manager under this Agreement and provide such information related to risk management as Owner may from time to time reasonably request.
10. Obtain and keep in full force and effect, either in its own name or in Owner’s and/or Landlord’s name, as may be required by applicable law, any and all licenses and permits to the extent within the control of Manager (or, if not within the control of Manager, Manager shall use commercially reasonable efforts to obtain a...
Management of the Hotel. 7.1 You must at all times retain and exercise direct management control over the Hotel’s business. If you enter into a management agreement or other similar arrangement for the operation of the Hotel or any part thereof (including without limitation, retail or food and/or beverage service facilities) with any natural person or entity, you are required to provide prior written notice to us. Any such management agreement or other similar arrangement for operation of the Hotel or any part thereof shall in no way relieve, reduce, mitigate or waive any of the responsibilities you have under this Agreement, it being understood that all such responsibilities and obligations shall remain yours at all times. You must provide us with all information we request from time to time regarding ownership, control and management of the Hotel.
Management of the Hotel. You must at all times retain and exercise direct management control over the business of the Hotel. You shall not enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part thereof with any independent entity without our prior written consent, which consent shall not be unreasonably withheld.
Management of the Hotel. 1.01 Acceptance of the Hotel Submanager represents that, due to the fact that the Hotel has been operated as a Marriott franchised property, it is familiar with the condition and operation of the Hotel and, subject to the provisions of the Agreement, Submanager accepts the Hotel "AS IS." Such acceptance is based on the assumption that the Hotel will continue to be operated by Primary Manager in accordance with System Standards up to the Take-Over Date. Such acceptance includes:
A. Submanager's agreement to hire all current Hotel employees, except as provided in Section 1.02A;
B. Submanager's acceptance of all hotel operating systems, subject to conversion as provided in Section 1.02B;
C. Submanager's acceptance of all existing service and supply contracts and bookings;
D. Submanager's acceptance of the Improvements and all FF&E, Inventories, Fixed Asset Supplies, Softgoods and Case Goods, subject to Section 5.02, Section 5.03 and Exhibit A-1.
Management of the Hotel. 8.01 Ownership of the Hotel
A. Lessee hereby covenants that it will (i) have, keep, and maintain good and marketable leasehold title to the Hotel pursuant to the Lease, and (ii) cause Owner to have, keep and maintain good and marketable fee title [ground lease as to Atlanta] to the Site in each case free and clear of any and all liens, encumbrances or other charges, except as follows:
1. easements or other encumbrances (other than those described in subsections 2 and 3 hereof) that do not adversely affect the operation of the Hotel by Manager and that are not prohibited pursuant to Section 8.04 of this Agreement;
2. Qualified Mortgages; or
3. liens for taxes, assessments, levies or other public charges not yet due or due but not yet payable.
B. Lessee shall (and shall exercise its rights under the Lease to cause Owner to) pay and discharge, on or before the due date, any and all payments due under any Mortgage. Lessee shall (and shall exercise its rights under the Lease to cause Owner to) indemnify, defend, and hold Manager and Marriott harmless from and against all claims, litigation and damages arising from the failure of Owner or Lessee, as applicable, to make any such payments as and when required; and this obligation of Lessee shall survive Termination. Manager shall have no responsibility for payment of debt service due with respect to the Hotel, from Gross Revenues or otherwise, and such responsibility shall be solely that of Owner or Lessee.
C. Lessee covenants and shall exercise its rights under the Lease to cause Owner to covenant that: (i) so long as Manager is not in Default under this Agreement or any Subordination Agreement, Manager shall quietly hold, occupy and enjoy the Hotel throughout the Term hereof free from hindrance, ejection or molestation by Owner or Lessee or other party claiming under, through or by right of Owner or Lessee, and (ii) so long as Marriott is not in Default (as that term is defined in the Submanagement Agreement) under the Submanagement Agreement or any Subordination Agreement, Submanager shall quietly hold, occupy and enjoy the Hotel throughout the Term (as that term is defined in the Submanagement Agreement) hereof free from hindrance, ejection or molestation by Owner or Lessee or other party claiming under, through or by right of Owner or Lessee. Lessee shall pay and shall exercise its rights under the Lease to cause Owner to pay and discharge any payments and charges and, at such party's expense, to prosecute al...
Management of the Hotel. Unless Hyatt approves pursuant to this Section 4.2 or otherwise in writing, Franchisee must at all times retain and exercise direct management control over all aspects of the Hotel's business and must be the employer of the Hotel's Core Management and other personnel.
Management of the Hotel. Unless Hyatt approves in writing, Franchisee must at all times retain and exercise direct management control over all aspects of the Hotel’s business. Upon request by Franchisee, Hyatt will provide a list of pre-approved management companies. Franchisee must have its employees and approved independent contractors satisfactorily complete all required orientation and training programs. Franchisee must hire and properly train all Core Management and have a Core Management team in place at the Hotel at all times, as Franchisee is responsible for management of the Hotel’s business. Franchisee is solely responsible for hiring the Core Management personnel and determining the terms and conditions of their employment, provided that Franchisee must:
(a) before engaging any general manager, submit to Hyatt the identity and qualifications of the proposed general manager, including resume, work history, experience, references, background verifications and other information that Hyatt reasonably requests. Hyatt shall have the right to conduct an in-person interview of the proposed general manager, and Franchisee shall reimburse Hyatt for all travel and other expenses relating thereto. Franchisee shall not engage any general manager unless he or she has been approved by Hyatt, which approval Hyatt will not unreasonably withhold, condition or delay; and
(b) ensure that each other member of the Core Management team has appropriate industry experience and is otherwise qualified to hold his or her position at the Hotel. The Core Management team must devote full time to their duties at the Hotel. In addition, Franchisee may not enter into a Management Arrangement without Hyatt’s prior written consent, which Hyatt will not unreasonably withhold, condition or delay. Any management company hired by Franchisee to operate the Hotel will be required to attend and satisfactorily complete required training programs, sign the documents Hyatt requires to protect the Proprietary Marks, Copyrighted Materials, and Confidential Information, and agree to perform its management responsibilities in compliance with this Agreement. Nevertheless, Hyatt may refuse to approve a management company which is a Brand Owner or that has an Affiliate which is a Brand Owner. Hyatt hereby approves Franchisee’s initial Management Arrangement with for the Hotel’s management. Even after Hyatt approves a Management Arrangement, Hyatt may at its option revoke that approval, and upon delivery of written notice ...
Management of the Hotel. Manager shall, and Owner hereby authorizes and engages Manager, as an independent contractor, to, supervise, direct and control the management and operation of the Hotel in accordance with the terms and conditions of this Agreement. During the Term, the Hotel shall be known by the name identified in the “Description of the Hotel” in Schedule 1 as such name may be changed from time to time by Owner in a manner consistent with any approvals or requirements imposed by the terms of the Franchise Agreement.
Management of the Hotel. 1.01 Acceptance of the Hotel Manager represents that it is familiar with the condition and operation of the Hotel and, subject to the provisions of the Agreement, Manager accepts the Hotel "AS IS." Such acceptance is based on the assumption that the Hotel will continue to be operated by Lessee in accordance with System Standards up to the Take-Over Date. Such acceptance includes:
A. Manager's agreement to cause Marriott to hire all current Hotel employees, except as provided in Section 1.02A;
B. Manager's acceptance of all hotel operating systems, subject to conversion as provided in Section 1.02B;
C. Manager's acceptance of all existing service and supply contracts and bookings;
D. Manager's acceptance of the Improvements and all FF&E, Inventories, Fixed Asset Supplies, Softgoods and Case Goods, subject to Section 5.02, Section 5.03 and Exhibit A-1.
