Common use of Management of the Inn Clause in Contracts

Management of the Inn. A. Manager shall manage the Inn under standards comparable to those prevailing in other hotels in the System, in accordance with System Standards, including all activities in connection therewith which are customary and usual to such an operation. Manager shall, in connection with the Inn and in accordance with standards comparable to those prevailing at other hotels in the System and other terms of this Agreement, perform each of the following functions (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 Inn. 2. Establish prices, rates and charges for services provided in the Inn, including Guest Room rates. 3. Establish and revise, as necessary, administrative policies and procedures, including policies and procedures 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 collections of 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 interim accountings, annual accountings, Annual Operating Statements, Building Estimates, Repairs and Equipment Estimates, and such other information as is required by this Agreement. 8. Plan, execute and supervise repairs and maintenance at the Inn. 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. 10. Obtain and keep in full force and effect, either in its own name or in Owner's name, as may be required by applicable law, any and all licenses 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 all due diligence and reasonable efforts to obtain and keep same in full force and effect). 11. Reasonably cooperate (provided that Manager shall not be obligated to enter into any amendments of this Agreement) with Owner or Landlord in any attempt(s) by Owner or Landlord to effectuate a Sale of the Inn (provided that nothing herein shall affect the provisions of Section 10.02), or to obtain any Mortgage.

Management of the Inn. A. Owner and Manager agree that their rights and obligations under this Agreement with respect to the construction and pre-opening stages of the Inn shall be governed by the Addendum attached hereto which is deemed to be an integral part of this Agreement, in addition to those provisions in this Agreement that are otherwise generally applicable during the Term of this Agreement. B. Manager shall manage the Inn under standards comparable to those prevailing in other hotels inns in the System, in accordance with System Standards, including all activities in connection therewith which are customary and usual to such an operation; provided, however, that the determination to serve beer, wine and/or liquor at the Inn shall be solely within the discretion of Manager and subject to compliance with applicable laws. Manager shall, in connection with the Inn and in accordance with standards standard’s comparable to those prevailing at other hotels inns in the System and other terms of this Agreement, perform each of the following functions (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 (when appropriate) discharge all of the employees at the Inn. 2. Establish prices, rates and charges for services provided in the Inn, including Guest Room Suite rates. 3. Establish and revise, as necessary, administrative policies and procedures, including policies and procedures 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 Manage expenditures to replenish Inventories, Fixed Asset Supplies, payments on accounts payable and collections of accounts receivable. 5. Arrange for and supervise public relations and advertising, and prepare marketing plans. 6. Procure (as agent for Owner) all Inventories and replacement Fixed Asset Supplies. 7. Prepare and deliver interim accountings, annual accountings, Annual Operating StatementsProjections, Building Estimates, Repairs and Equipment Estimates, and such other information as is required by this Agreement. 8. Plan, execute and supervise repairs and maintenance at the Inn. 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. 10. Obtain and keep in full force and effect, either in its own name on behalf of Owner or in Owner's ’s name, as may be required by applicable law, any and all licenses 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 all due diligence and reasonable efforts to obtain and keep same in full force and effect). 11. Reasonably cooperate (provided that Manager shall not be obligated to enter into any amendments of this Agreement) with Owner or Landlord in any attempt(s) by Owner or Landlord to effectuate a Sale of the Inn (provided that nothing herein shall affect the provisions of Section 10.02), or to obtain any Mortgage. C. The operation of the Inn shall be under the exclusive supervision and control of Manager which, except as otherwise specifically provided in the Agreement, shall be responsible for the proper and efficient operation of the Inn. Manager shall have discretion and control, free from interference, interruption or disturbance, in all matters relating to management and operation of the Inn, including, without limitation, the following: charges for Suites and commercial space; credit policies; food and beverage services; employment policies; granting of leases, subleases, licenses and concessions for shops and agencies within the Inn, provided that the term of any such lease, sublease, license or concession shall not exceed the Term of this Agreement; receipt, holding and disbursement of funds; maintenance of bank accounts; procurement of Inventories (including initial inventories), supplies and services; promotion and publicity; payment of costs and expenses as are specifically provided for in this Agreement or are otherwise reasonably necessary for the proper and efficient operation of the Inn; and, generally, all activities necessary for operation of the Inn. D. Manager shall use reasonable efforts to comply with and abide by all applicable laws and regulations pertaining to its operation of the Inn, provided that Manager shall have the right, but not the obligation, in its reasonable discretion, to contest or oppose, by appropriate proceedings, any such laws and regulations. All costs and expenses of such compliance shall be paid from Gross Revenues as Deductions in the computation of Operating Profit or from the Reserve, whichever is applicable, and the reasonable expenses of any such contest shall be paid from Gross Revenues as Deductions.