Operation of the Facilities. 27 9.1 Operator..................................................27
Operation of the Facilities. Management of all operation and maintenance requirements of the Facilities.
Operation of the Facilities. The Operator shall perform its duties under Section 9.1.2 of this Agreement pursuant to and in accordance with the terms of the Operating Agreement. All of the terms and provisions of the Operating Agreement, including, without limitation, Sections 15.12 and 15.13 thereof, are approved, ratified and confirmed by all the Partners. The Management Committee may, by affirmative vote of members representing 65% or more of the total Percentage Interests of the Partners, at any time agree to an amendment to the Operating Agreement or, in the event that the Operating Agreement is terminated pursuant to the terms thereof or the Operator is removed as hereinafter provided, select a new Operator or Operators. The Management Committee may remove the Operator, with or without cause, by a 65% vote of all Partners; provided, however, that if the Operator is a Partner or the Affiliate of a Partner, such removal must be made unanimously by the Representatives of all Partners other than (i) the Operator or its Affiliate and (ii) any Partner who is, or whose Affiliate is, under contract with the Operator, voting individually and not as members of any bloc. It is not intended that ownership of the Operator by the Partnership shall cause any Partner to be deemed to be an Affiliate of the Operator. A vote on removal of the Operator may be held only after the Operator has been given reasonable notice of, and an opportunity to be heard on, a call for its removal by one or more Partners. Termination of the Operating Agreement pursuant to the terms thereof shall also result in automatic removal of the Operator. Any successor Operator selected pursuant to this Section 9.8 shall execute and be bound by an operating agreement substantially in the form of the original Operating Agreement entered into by the Partnership, unless the Management Committee otherwise provides for amendment of such form of Operating Agreement. No Limited Partner (or any Affiliate thereof) shall be a successor Operator.
Operation of the Facilities. The initial Operator of the Facilities, which may be a Partner or an Affiliate of a Partner, shall be selected by the Management Committee by a 60% Vote on or prior to the Commitment Date. The Operating Agreement with the Operator shall be consistent with the provisions of this Agreement. The Management Committee may, by 60% Vote, at any time agree to an amendment to such Operating Agreement or, in the event that such Operating Agreement is terminated pursuant to the terms thereof or the Operator is removed, select a new Operator or Operators or otherwise provide for the operation of the Facilities.
Operation of the Facilities. 8.1 Operator.
Operation of the Facilities. 4.1 Subject to the commercially reasonable policies and guidelines established by Owner, RMSC shall be responsiblefor and have complete authority over the day-to-day operation of the Facilities. RMSC shall be responsible for obtaining and maintaining all required licenses and permits for the operation of the Facilities, but Owner shall fully co-operate as requested in the acquisition and maintenance of such licenses and permits.
4.2 RMSC’s operational duties and responsibilities shall include, but not be limited to, opening and closing the Facilities, collecting and depositing all gross revenues generated by the Facilities, hiring, firing and supervising all employees and contractors, food, beverage, vending and pro-shop operations, payroll and accounting services, maintenance and repairs, ticketing, marketing and promotions,and janitorial services, and all other functions necessary to perform to the standards set in Exhibits C, D, and E.
4.3 RMSC shall maintain the current days and hours of operation and all rates and charges for the initial six month transition period. Thereafter, RMSC shall establish and adjust the days and hours of operation and all rates and charges for the use and rental of the Facilities based upon its experience gained and best practices developed by operating similar facilities. Owner may require alteration in the hours of operation and/or rates and charges set by RMSC after consultation with RMSC to include the financial impact of the proposed changes.
4.4 Owner shall provide RMSC with all office space and Facilities access reasonably necessary for the performance of RMSC’s operational duties and responsibilities.
4.5 Subject to Owner’s commercially reasonable approval regarding the number, size and location, RMSC may place one or more signs on or about the Facilities stating that RMSC is the manager for the Facilities.
Operation of the Facilities. The Association owns and shall manage the Facilities. The Association shall determine the hours during which the Facilities shall be available for use and publish the hours of operation in the Rules. The hours of operation may be changed by the Association at any time as it deems necessary or appropriate. The Rules may also include standards of conduct for all members using the Facilities. The Association shall establish a maximum number of members entitled to use the Facilities, or some portion thereof, at a given time. Limit 6 guests per household, per day. If the Facilities, or some portion thereof, are being used at maximum capacity, the Association shall have the authority to deny access to the Facilities, or the applicable portion thereof, to members or guests until such time that use declines below maximum capacity. In those instances, a member who is not allowed to use the Facilities, or some portion thereof, because use is at maximum capacity, will not be entitled to a refund or credit of any portion of the applicable membership fee. All members and guests agree to be bound by and comply with the Rules, as well as all terms and conditions of the applicable membership plan & membership agreement. Each member may be required to sign a document acknowledging the receipt of a copy of the Rules relating to the Facilities.
Operation of the Facilities. The Rova I Facility will, on and after the competition of construction pursuant to the Rova I Turnkey Contract, be able to be operated on a safe and commercially sound basis in compliance with all Governmental Requirements and all Project Documents and without any adverse effect on or from the construction and operation of the Rova II Facility so that the performance and facility guarantees and specifications provided for in the Rova I Turnkey Contract can be substantially met for a period of at least 20 years thereafter and Borrower can duly and punctually meet its obligations under the Project Documents and the Loan Instruments in accordance with the terms thereof. 105 The Rova II Facility will, on and after the completion of construction pursuant to the Rova II Turnkey Contract, be able to be operated on a safe and commercially sound basis in compliance with all Governmental Requirements and all Project Documents and without any adverse affect on or from the construction and operation of the Rova I Facility so that the performance and facility guarantees and specifications provided for in the Rova II Turnkey Contract can be substantially met for a period of at least 20 years thereafter and Borrower can duly and punctually meet its obligations under the Project Documents and the Loan Instruments in accordance with the terms thereof.
Operation of the Facilities. From the date of this Agreement --------------------------- until the Closing Date, the Seller shall operate each Facility in the ordinary course consistent with past practice, use reasonable, diligent efforts to preserve intact the business organizations and relationships of each facility with third parties add, subject to the effect of compliance with any Employment Law in connection with the termination of employment of the Employees contemplated by Section 7.07. keep available the services of the present employees of each Facility. Without limiting the generality of the preceding sentence, until the Closing Date, the Seller:
(a) Will not sell, lease, license or otherwise dispose of any of the Purchased Assets or the Leased Facilities, except (i) pursuant to existing contracts or commitments, the Charlevoix Lease, the Bethesda Sublease, the Sedgwick Sublease or the Subleases, or (ii) in the ordinary course consistent with past practice;
(b) Will maintain the Inventory at customary levels necessary to operate each facility in the ordinary course consistent with past practice;
(c) Will not take, or agree or commit to take, any action that would make any representation or warranty of the Seller under this Agreement inaccurate in any respect on, or as of any time prior to, the Closing Date; and
(d) Will not omit to take, or agree or commit to omit to take, any action necessary to prevent any representation or warranty of the Seller under this Agreement from being inaccurate in any respect on, or as of any time prior to, the Closing Date.
Operation of the Facilities. The planning, design, construction, testing, maintenance, repair, replacement, improvement, expansion and operation of the Facilities, and billing and collection for the Facilities, including performance of the responsibilities of the Operator as set forth in Section 3.1 of this Agreement.
