National Vendors. In the performance of its obligations under this Agreement, Manager may elect to purchase the items pursuant to vendor contracts available to Manager under the purchasing program of Manager and its Affiliates for so long as such a program is maintained, provided that the amount of such items shall, in Manager’s discretion, not exceed reasonable par levels. Notwithstanding the preceding sentence, Manager shall use its commercially reasonable efforts to purchase products from those vendors who have the needed items available, at competitive prices and competitive terms. In purchasing goods or services under the purchasing program of Manager or its Affiliates, Manager at PFIC’s request, but no more often than semi-annually, shall provide a written statement to PFIC that such goods and services and all costs and fees charged therefore are being furnished on competitive prices and terms. Manager shall act in an economical manner in purchasing items for the Lounge, but, in selecting such items for purchase. Manager also shall be entitled to reasonably take into account the environmental consequences of its selections and the desirability of encouraging such things as recycling of materials. If PFIC or its representative determines that lower prices are available for comparable goods from other sources, PFIC may direct the Manager to obtain such goods from the lower-priced sources.
National Vendors. In the performance of its obligations under Section 2.7 of this Agreement, Manager may elect to purchase the items described therein under vendor contracts available to Manager under the purchasing program of Manager and its Affiliates for so long as such a program is maintained. Notwithstanding the preceding sentence, Manager shall use its commercially reasonable efforts to purchase products from those vendors who have the needed items available, at the lowest price, subject to the provisions of Section 2.29. Manager will provide information upon request of Owner regarding any goods or services purchased by Manager under its purchasing program with any National Vendor, including information regarding all costs and fees charged therefor, and the terms and conditions of such purchases, including payment terms, price, quality and time of delivery. If Owner can purchase any goods or services upon terms that are more favorable to Owner than those made available by Manager under its purchasing program with a National Vendor, then Owner shall be entitled to decline participation in any contract with that National Vendor, and obtain goods and services from another vendor recommended by Owner subject to Manager’s reasonable approval, provided that the goods and services provided by that vendor meet the Omni Brand Standards. Notwithstanding Manager’s intentions to use National Vendors for the purchase of goods and services for the Hotel, Manager believes that it has a reasonable expectation of meeting the goals agreed to by Manager under Section 2.29. Manager further agrees that it shall act in an economical manner in purchasing items for the Hotel, but, in selecting such items for purchase, Manager also shall be entitled to reasonably take into account the environmental consequences of its selections and the desirability of encouraging such things as recycling of materials, as well as the policies of City described in Section 2.29. Manager represents and warrants that Manager will not use any National Vendor to supply goods and/or services to the Hotel if such use would result in Manager, or any Affiliate of or party related to Manager, receiving any Direct or Indirect Profit from any such use during any Operating Year which, together with any Direct or Indirect Profit received pursuant to Sections 2.4.8, 2.25.3 and 3.4.3, would exceed five percent (5%) of the total Management Fee, the Centralized Services Fees and Charges and Eligible Employee Compensation Pool o...
National Vendors. In the performance of its obligations under Section 2.7 of this Agreement, Manager may elect to purchase the items described therein under vendor contracts available to Manager under the purchasing program of Manager and its Affiliates for so long as such a program is maintained. Notwithstanding the preceding sentence, Manager shall use its commercially reasonable efforts to purchase products from those vendors who have the needed items available, at the lowest price. In purchasing goods or services under the purchasing program of Manager or its Affiliates, Manager shall provide written evidence to Corporation that such goods and services and all costs and fees charged therefor are being furnished on terms and conditions (including payment terms, price, quality and time of delivery) that are not less favorable to Corporation than those generally obtained in the competitive, open market, and Corporation shall be entitled to decline participation in any contract with a National Vendor from which Manager or its Affiliates or related parties receives any payments or administrative fees if Manager is not able to provide such written evidence. Manager shall act in an economical manner in purchasing items for the Hotel, but, in selecting such items for purchase, Manager also shall be entitled to reasonably take into account the environmental consequences of its selections and the desirability of encouraging such things as recycling of materials. Manager represents and warrants that Manager will not use any National Vendor to supply goods and/or services to the Hotel if such use would result in Manager, or any Affiliate of or party related to Manager, receiving any Direct or Indirect Profit from any such use. Manager shall indemnify and hold harmless Corporation and the Trustee from and against any and all damages, expenses, liabilities or obligations that arise out of a breach of any such representation and warranty.
