Manager’s Performance. The Manager may not withhold performance under this Agreement during the dispute resolution period, including judicial resolution. The Manager must perform all services under this Agreement including any disputed services with the same diligence and effort as if no dispute existed. The Commissioner’s written determination must be complied with pending final resolution, including judicial resolution of the dispute. Neither the Commissioner’s determination, nor the actions of the Manager or the Owner in connection therewith, nor the continued performance by either party, shall constitute an admission as to any factual and/or legal position in connection with the dispute or a waiver of any rights under this Agreement.
Manager’s Performance. Pursuant to paragraph II.C. hereof, the Manager agrees to enforce the obligation of the Operators to conduct all activities in a good and workmanlike manner and to maintain insurance as provided for in the Operating Agreements, but shall have no liability to the Company for losses sustained or liabilities incurred by the Company with respect to the Net Well(s) except as may result from the Manager's gross negligence or willful misconduct, and the Manager does not warrant, guarantee, or represent that a well will produce any gas at all or in any particular quantities.
Manager’s Performance. The Manager may not withhold performance under this Agreement during the dispute resolution period, including judicial resolution. The Manager must perform all services under this Agreement including any disputed services with the same diligence and effort as if no dispute existed. The Commissioner’s written determination must be complied with pending final resolution, including judicial resolution of the dispute. Neither the Commissioner’s determination, nor the actions of the Manager or the Owner in connection therewith, nor the continued performance by either party, shall constitute an admission as to any factual and/or legal position in connection with the dispute or a waiver of any rights under this Agreement. USE AND OPERATION OF THE HOTELS Use and Standard of Operation Owner, without relinquishing Owner’s property interests in the Hotels, hereby grants to Manager the sole and exclusive right to manage and operate the Hotels, pursuant to the terms of this Agreement and Manager agrees that, except to the extent excused as hereinafter provided, Manager will, as the agent of Owner, as described in Section 1.1, operate, service, and maintain the Hotels during the Term consistent with the Brand Standards (as defined in Section 1.4) and in a businesslike and efficient manner in accordance with the terms of this Agreement; and Manager shall use the Hotels in a manner consistent with the Brand Standards and for other activities that are customary and usual in connection with such an operation; all of the foregoing shall be effected with the primary purpose of maximizing both the Hotels’ long term (a) profitability, (b) value in a manner consistent with the Brand Standards, and (c) customer service. Except as otherwise specifically limited under this Agreement, approved budget and line item limitations, the affirmative action and equal employment opportunity requirements set forth in Section 15 and Exhibit E, the required City contracting guidelines set forth in Exhibit F, and Owner’s right to approve certain contracts, Manager, as sole and exclusive agent of Owner, as described in Section 1.1, shall have the right and obligation to operate the Hotels including, without limitation, the following:
Manager’s Performance. Owner shall review and evaluate the performance of Manager in carrying out the policies for the Facility.
Manager’s Performance. (a) General Standards. Manager will perform all functions necessary or desirable for the proper and efficient management of the Unit in such a manner as Manager deems reasonably appropriate. Manager reserves the right to institute procedures and regulations as Manager deems necessary for the efficient management and/or rental of the Unit.
Manager’s Performance
