Pre-Opening Services. On behalf of Owner, Manager shall perform the “Pre-Opening Services” necessary for operation of the Hotel prior to the Opening Date, including, but not limited to, the following activities, which Manager shall perform in a manner consistent with the line items for the Pre-Opening Services in the Budget:
a. Identify, appoint, instruct and supervise the general manager, director of sales and marketing, controller, food and beverage manager and such other Hotel employees and management team members as are necessary or advisable for proper staffing of the Hotels. Manager acknowledges that all employees directly hired and employed by Manager shall be in the sole employee of Manager (or an Affiliate of Manager). All wages, salaries, other compensation paid or payable to or with respect to such employees, and all fringe benefits and taxes payable to or with respect to such employees, including payroll taxes, unemployment insurance taxes and/or benefits, social security taxes and worker’s compensation and disability benefits now or hereafter imposed by law, any other agreement or in union agreements entered into by Manager, shall be paid by Manager. The payments required by this Section shall be the sole responsibility of Manager.
b. Recruit and train all Hotel employees so that such employees can perform their duties at the Hotels from and after the Opening Date, including the development of a training program to assist employees with carrying out the Brand Standard.
c. Conduct a minimum of one job fair in each of at least four (4) Socio- Economically Disadvantaged Areas, as designated by the City, to xxxxxx hiring employees from such areas, with at least two job fairs occurring prior to the opening of each Hotel. The job fairs are to be held no later than ninety (90) days prior to the openings of each Hotel, or as otherwise agreed by the City. The Manager must also participate in any City-sponsored job fairs or similar outreach events as reasonably requested by the City, including but not limited to job fairs for veterans. Nothing in this section prohibits the Manager from conducting additional job fairs in other locations or at other times. Manager shall provide job postings or employment listings to area workforce development groups or agencies as identified by the City, assist agencies, and the City’s Office of Veterans Affairs. Manager shall designate and identify a member of its team as an Employment Services Coordinator who will be assigned to assist emplo...
Pre-Opening Services. The term “Pre-Opening Services” shall have the meaning set forth in Section 2.02.
Pre-Opening Services. Owner acknowledges and agrees that various pre-opening activities for the Operator have commenced as of the Effective Date and are continuing, and will continue to ensure that the Condo-Hotel is ready to accept guests by the Opening Date. These pre-opening services are being performed pursuant to and in accordance with the pre-opening budget established as part of the construction budget approved in connection with the execution of the Joint Venture Agreement, or, if not previously provided, shall comprise a portion of the Annual Budget (as defined in the Joint Venture Agreement) to be prepared and approved as required by the Joint Venture Agreement (the “Pre-Opening Budget”). These services (collectively, the “Pre-Opening Services”) include, without limitation:
4.1.1 subject to Section 8.1, hiring and training of all Personnel;
4.1.2 pre-marketing and marketing programs, including pre-opening promotion and opening celebrations, and the preparation of a pre-opening marketing plan which shall include, without limitation: (a) public relations and communications activities, (b) implementation of a marketing, advertising and reservations program, and (c) representation of the Condo-Hotel by regional sales and corporate marketing personnel of Operator and its Affiliates to position the Condo-Hotel in accordance with the Operating Standards;
4.1.3 administering and coordinating with Owner applications for or transfers of licenses, permits, approvals, and/or other instruments necessary for the management and operation of the Condo-Hotel as contemplated by this Agreement;
Pre-Opening Services. Prior to the Opening Date, the Operator, as agent of Owner, shall use its diligent good faith efforts to perform or cause others to perform all such services as the Operator deems necessary to facilitate the opening of the Facilities on behalf of and for the account of Owner (the “Pre-Opening Services”), subject to compliance by Owner with its reimbursement and funding obligations set forth in this Agreement, including the following.
(a) preparation of a pre-opening marketing plan;
(b) hiring of personnel in accordance with the provisions of this Agreement;
(c) coordination of initial inventories purchases;
(d) establishment of operating policies and procedures;
(e) establishment of security systems for assets, personnel and patrons;
(f) establishment of data processing hardware and software requirements and systems;
(g) establishment of accounting and internal control systems and procedures;
(h) establishment of a preventive maintenance program;
(i) establishment of risk management policies and procedures;
(j) training of all initial staff;
(k) engage and retain such architects, engineers, contractors, designers and other specialists (the “Project Architects”) as the Operator deems necessary to prepare all site plans, grading plans, construction drawings, surveys, materials, specifications, architectural plans and drawings, elevations, construction models, engineering plans and drawings, approved plats and all other plans, drawings, studies or reports required for the construction and/or outfitting of the Facilities (the “Plans and Specifications”) and for the purchase and installation of the FF&E thereat (the “FF&E Specifications”);
(l) purchase all pre-opening gaming supplies and equipment;
(m) provide specific operational and functional criteria for the Facilities for use by the Project Architects in the preparation of the Plans and Specifications and the FF&E Specifications;
(n) advise and consult with the Project Architects in the development of schematic, preliminary and working Plans and Specifications and in the selection and specifications of FF&E, wall and floor coverings, design and color, wall hangings, signage, art, accouterments, space planning requirements and functional design criteria and all other aesthetic and operational elements of design and other nonstructural elements of the Facilities;
(o) advise and consult with the Project Architects regarding various key systems, including without limitation, mechanical, electrical, plumbing, l...
Pre-Opening Services. From commencement of the Term until the Commencement Date, each party will provide such of the services to be provided by the relevant party under this Agreement as are reasonably required in order to have the Casino ready for operation when construction is complete (“Pre-Opening Services”). MSC shall keep Operator reasonably apprised of the construction progress and the anticipated Commencement Date. MSC will provide reasonable access to the Casino during construction to allow Operator to provide its Pre-Opening Services. As part of the provision of Pre-Opening Services, Operator shall:
(a) Provide reasonable assistance to MSC and its advisors and consultants in connection with the development, design, and construction of the Casino if reasonably requested by MSC and without any requirement for Operator to incur material non-reimbursable obligations or liabilities, and without derogating from MSC having the sole responsibility or authority with respect to the design, engineering, development and construction of the Casino, and any refurbishments related thereto, under Section 3.3; provided, however, Operator shall advise MSC with respect to any design, engineering, development or construction requirements which must be complied with in order to cause such work to be conducted in a manner that could not reasonably be expected to have a material adverse impact on Operator’s Gaming License;
(b) Cooperate with MSC in connection with the creation and implementation by MSC of a marketing program for the Casino and the Project, which, at the discretion of MSC, may include without limitation sales, advertising, promotion, publicity and public relations, including opening celebrations and related activities, in order to attract patrons to the Casino on and after the Commencement Date;
(c) In accordance with the Pre-Opening Budget, Section 4.11 and Section 5.1, and subject to MSC providing sufficient funds prior to Operator being under an obligation to pay for the relevant Gaming Assets and related Licenses (but not Gaming Licenses which shall be the sole responsibility of, and at the sole cost of, Operator) and subject also to availability, obtain initial inventories of Gaming Assets and related Licenses (but not Gaming Licenses which shall be the sole responsibility of, and at the sole cost of, Operator) as requested by MSC or as otherwise appropriate for the Casino, unless the parties determine otherwise pursuant to Section 5.1;
(d) In coordination with MSC, app...
Pre-Opening Services. Operator, as agent and for the account of Owner, shall have the exclusive right to engage in Pre-Opening Services, which shall include, but shall not be limited to, the following:
(i) recruiting, training, directing and employing all Hotel personnel;
(ii) conducting sales and marketing activities and engaging in all other like programs designed to attract guests to the Hotel including, but not limited to, presale of or contracting for the rental of rooms and use of other facilities of the Hotel, advertising promotion and publicity of the Hotel, and public relations activities;
(iii) negotiating on behalf of Owner leases, licenses and concession agreements for store, office space and lobby space at the Hotel;
(iv) taking all necessary steps to assist Owner to apply for and obtaining all Licenses (in Owner's or Operator's name or both as may be required by the issuing authority), as well as visas, residence and work permits for Expatriates;
(v) purchasing all initial Operating Supplies, and food and beverages, to be paid for out of the working capital furnished by Owner pursuant to Article X;
(vi) implementing ITTSC's operating policies and procedures;
(vii) enrolling the Hotel in the Sheraton Reservations System in accordance with the Reservation Services Contract;
(viii) setting up administrative offices;
(ix) doing such other things as are necessary for the proper opening of the Hotel.
Pre-Opening Services. During the Pre-Opening Period, Manager shall perform all of the following services on behalf of Owner:
(a) Manager shall perform all of the services set forth in the Pre-Opening Plan, as approved by Owner.
(b) Manager shall prepare and submit to Owner the initial Annual Business Plan (as described in Article X below) for the first Fiscal Year after the Opening Date.
(c) Manager, in accordance with Section 5.3, shall (i) select a general manager for the Hotel and such other personnel as Manager in its sole discretion deems necessary or appropriate for proper implementation of the Pre-Opening Plan and for the proper staffing of the Hotel on and after the Opening Date, and (ii) train all such personnel as Manager in its sole discretion deems necessary or appropriate.
(d) Manager shall (i) plan and implement a marketing program consisting of advertising, public relations, and related activities for the purpose of promoting vigorously the name and business of the Hotel, and (ii) arrange programs to secure bookings and business, for periods from and after the Opening Date. The specific activities for such program shall be selected as Manager in its sole discretion deems necessary or appropriate.
(e) Manager shall procure and maintain the insurance required under Article XII hereof.
(f) Manager shall coordinate the procurement of all Operating Equipment and Operating Supplies necessary to open the Hotel.
Pre-Opening Services. Manager shall provide the following services to Owner commencing as of the date construction of the Facility started and continuing throughout construction up to opening of the Facility (the "Pre-Opening Services"):
a. Prepare and submit to Owner for Owner's approval (i) a budget for the period from the execution hereof until the opening of the Facility to the public (the "Pre-Opening Budget"), including all costs to be incurred in connection with the development, design and construction management services under the Development Agreement, the Pre-Opening Services and the Marketing Services and the sources of funds and (ii) operating and capital budgets and financial projections for the operation of the Facility upon opening.
b. Review state licensing issues and obtain on Owner's behalf (and in Owner's name, to the extent permissible under applicable law) all necessary licenses for the Facility.
c. Determine appropriate staffing, prepare job descriptions and locate, hire as employees of Manager (but at Owner's expense), and train administrative, resident services and food service staffs. Owner acknowledges that certain employees will be hired prior to the Commencement of Management Services.
d. Prepare the Facility for occupancy, including causing the Facility to be equipped with all FF&E, case goods and systems necessary for its operation as a state-of-the-art, prototypical Sunrise Facility.
e. Prepare and submit to Owner for Owner's approval appropriate procedures manuals and policies relative to all aspects of management and operation of the Facility as an assisted living community.
f. Obtain all necessary approvals to operate the Facility. Manager shall provide, at no additional cost to Owner, all required preparation of documents, records and filings necessary to maintain a State license for the Facility. Any fees due for the filing of applicable licenses shall be Facility Expenses.
g. Prepare and submit to Owner for Owner's approval a system of accounts and records.
h. Prepare and submit to Owner on a weekly basis a leasing status and progress report, setting forth such information as Owner may reasonably request, including, without limitation, a leasing traffic report, a summary of deposits received and of nonrefundable deposits and a summary of resident agreements signed during such week.
Pre-Opening Services. SECTION 6.1 Pre-Opening Services. Between the date of the casino license --------------------- and the Opening Date, Manager, as agent of Owner, shall perform or arrange for others to perform the following services (in addition to the services described in Article V herein) on behalf of and for the account of Owner but subject to the Pre-Opening Budget contained in the Development Budget (the "Pre-Opening Services"):
(a) Pre-Opening Marketing. Manager shall implement the marketing portion of --------------------- the approved Development Plan, including, but not limited to, direct sales, media and direct mail advertising, promotion, publicity and public relations designed to attract customers to the Casino from and after the Opening Date in accordance with the provisions of Section 7.24.
Pre-Opening Services. Manager shall provide the following Pre-Opening Services to Tenant prior to the opening of the Facility (the “Pre-Opening Services”):”
