Property Employees. To the extent that Purchaser or Purchaser’s hotel manager or operator elects to employ any personnel of Manager engaged in the operation of the Property subsequent to the Closing Date, all compensation payable to such employees (including the costs of fringe benefits, discretionary awards specifically granted and awarded by Seller prior to Closing, and earned vacation, sick, and all other benefit pay), worker’s compensation, employee withholding, and COBRA benefits, which accrued or are related to periods of employment prior to the Closing Date will be paid and provided by Seller; provided, however, that Seller will not be responsible or liable for compensation payable to such employees or for any portion of any discretionary awards granted or awarded by Purchaser on or after the Closing Date. All regular compensation payable to such employees (including the costs of fringe benefits and earned vacation, sick, and all other benefit pay) which accrues on or after the Closing Date will be paid by Purchaser. Purchaser will be responsible for, and indemnify Seller with respect to, compliance with the Worker Adjustment and Retraining Notification Act or other similar state or federal laws as a result of the transactions contemplated by this Agreement. Purchaser acknowledges that Seller does not have any employees at the Hotel, all Hotel personnel being employees of the Manager.
Property Employees. Manager shall be solely responsible and liable for hiring, training, paying, supervising, and discharging the work of the Property Employees. Prior to hiring any individual, Manager shall conduct a background check on such individual as permitted by law. The Property Employees shall be employees of Manager and not of Owner and Manager shall be solely responsible for legal compliance concerning the foregoing activities. All compensation including salary and fringe benefits payable with respect to the Property Employees shall be solely
Property Employees. Manager shall be solely responsible and liable for hiring, training, paying, supervising, and discharging the work of the Property Employees. Prior to hiring any individual, Manager shall conduct a background check on such individual as permitted by law. The Property Employees shall be employees of Manager and not of Owner and Manager shall be solely responsible for legal compliance concerning the foregoing activities. All compensation including salary and fringe benefits payable with respect to the Property Employees shall be solely the responsibility of the Manager. Manager shall prepare and submit all forms, reports and returns required by all federal, state, or local laws in connection with unemployment insurance, workers’ compensation insurance, disability benefits, social security, and other similar taxes now in effect or hereafter imposed with respect to the Property Employees.
Property Employees. Seller shall not retain any Hotel employee. With respect to all Continuing Employees (as defined in Section 7.5 of this Agreement), Seller or Manager shall pay or cause to be paid on or before the Closing Date, all costs and expenses associated with accrued but unpaid salary, wages and bonuses, accrued but unpaid profit sharing and pension, health and welfare benefits, worker's compensation, employee withholding, accrued but unpaid fringe benefits, accrued but unpaid employee severance payments, and other accrued but unpaid compensation and fringe benefits, including earned vacation pay, and, to the extent employees are entitled to a cash payment for accrued sick leave, the amount of such cash payments. All compensation payable to Continuing Employees (including the costs of fringe benefits and earned vacation, sick, and all other benefit pay) which accrues after the Closing Date will be paid by Purchaser. Purchaser will be responsible for compliance with the Worker Adjustment and Retraining Notification Act (the "WARN Act") or other similar state or federal laws as a result of the transactions contemplated by this Agreement. Purchaser acknowledges that Seller does not have any employees at the Hotel, all Hotel personnel being employees of the Manager.
Property Employees. On or prior to the applicable Settlement, Public Parent or any affiliate thereof designated by it (the “Property Employer”) shall offer employment to each person providing services exclusively to one or more of the Lighthouse Acquisition Properties (each, a “Property Employee”) subject to and in accordance with Public Parent’s customary employment practices, including without limitation a national background check and drug test, which offers of employment, subject to the foregoing, shall be effective, and contingent, upon the applicable Settlement. Each Property Employee who accepts such an offer of employment is referred to herein as a “Transferred Employee.” The Property Employer shall provide each Transferred Employee with full credit for purposes of eligibility to participate and vesting under the employee benefit plans or arrangements maintained by the Property Employer in which such Transferred Employees participate following the applicable Settlement for such Transferred Employees’ service with the Lighthouse Parties to the same extent recognized by comparable plans of the Lighthouse Parties immediately prior to the applicable Settlement, provided that no such credit will result in a duplication of benefits or require any retroactive contributions. Notwithstanding the foregoing, with respect to any welfare benefit plans maintained by the Property Employer for the benefit of Transferred Employees on and after the applicable Settlement, the Property Employer shall use reasonable best efforts to (i) cause there to be waived any eligibility requirements or pre-existing condition limitations to the same extent waived under comparable plans of the Lighthouse Parties immediately prior to the applicable Settlement and (ii) give effect, in determining any deductible and maximum out-of-pocket limitations, to amounts paid by such Transferred Employees in the year of the applicable Settlement with respect to similar plans maintained by the Lighthouse Parties; provided that, for the avoidance of doubt, in no event shall the Property Employer be obligated to purchase new insurance policies in order to comply with this Section 10.01. The Property Employer shall not assume or be responsible for any obligations of Contributor with respect to the Property Employees, including without limitation any obligations for any claims for salary, severance pay, vacation, or any pension, profit sharing, option, deferred compensation or other incentive pay, or any other type of ...
Property Employees. Consistent with Policy and Procedures, Manager shall hire, discharge, supervise, and screen (including criminal background checks and drug testing to the extent deemed appropriate by Manager) all employees required for the operation and maintenance of the Property in the name of Manager ("Property Employees"), it being agreed that all such operations and maintenance personnel whose regular daily work station is (in whole or in part) at the Property shall be employees of Manager. Manager agrees to identify in the Approved Budget all positions whose salaries or wages may from time to time be charged as employed for direct services rendered to the Property. The total of all employee wages and benefits-shall be billed to and paid to Manager out of the Operating Account, including without limitation (i) all wages, bonuses and benefits (which shall include any contributions made by or on behalf of Manager to a pension or profit sharing plan for the benefit of such Property Employees); and (ii) any training services provided to the Property Employees and from such payment Manager shall then be responsible for paying each such employee directly (no such payments to individual employees shall be made by checks from the Operating Account). Notwithstanding anything in the foregoing to the contrary, it is agreed that Manager shall be required to bear the costs of all salaries of Manager's executive personnel from the compensation to be paid Manager pursuant to the terms of this Agreement. No general, administrative or overhead costs of Manager's executive personnel shall be passed through to Owner. If any costs of the Property Employees, including off-site employees providing services for the Manager in connection with the Project, are incurred in part for the Property and in part for other properties (e.g. the salary of a Portfolio Manager, Maintenance Director, or Property Accountant), such cost shall be prorated between the Property and such other properties, using a method reasonably selected by Manager and subject to the reasonable review and approval by Owner.
Property Employees. Those persons employed by Manager, and/or by an affiliate of Manager, as a management staff (i.e. Manager, Assistant Managers, Leasing Agents, Maintenance Personnel, and other personnel necessary to be employed in order to maintain and operate the property).
Property Employees. 12.9.1 The MARC Principals shall cause MARC Realty and the Property Owners to do criminal background reports on all Persons who will be employed as on-site employees at a Property. No Person who has been convicted of a felony shall be employed in any such capacity without the prior written consent of First Union.
12.9.2 Within 180 days of the Initial Closing Date, the MARC Principals shall cause MARC Realty and the Property Owners to require that all on-site employees at a Property to visibly display photograph ID badges at all times while at a Property.
Property Employees. Purchaser shall endeavor to notify Seller as to each employee at the Property, not less than ten (10) days prior to Closing, whether Purchaser intends to continue or terminate such employee’s employment at the Property from and after Closing, and the terms under which such employee’s employment will continue, if Purchaser elects to continue such employment, which election shall be at Purchaser’s sole discretion. Purchaser’s failure to so notify the Seller regarding the Property employees shall not constitute a default by Purchaser hereunder.
Property Employees. Xxxxxx(s) employed by MANAGER on-site at the PROPERTY on a full- time, part-time or temporary basis. OWNER shall have limited right of approval to Property Employees in cases where Property Employee screening may provide objective reason to disapprove Property Employee. MANAGER abides by all federal, state and local employment law and does not discriminate based upon protected class, and/or race, creed, age, sex, national origin, religion, sexual orientation or identity, pregnancy, parenthood, marital status, mental or physical disability, or skin color.
