Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS.
Restaurant Employees. Restaurant Employees will be hired on the Wage Scale outlined in Section 10.02 and assigned to perform duties in the Restaurant department as determined by mutual agreement of the parties prior to the opening of any Restaurant department.
Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS. Outback Steakhouse of North Georgia-II, L.P. 4
Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS. Outback/West Florida-II, Limited Partnership
Restaurant Employees. Restaurant Employees will be hired on the 2018-2022 Wage Scale outlined in Section
Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS. Carrabba’s/New England, Limited Partnership 4
Restaurant Employees. Troon acknowledges that the obligations of Troon pursuant to Article V shall apply to all employees who are engaged in F&B Operations.
Restaurant Employees. The Partners agree that all persons employed in all positions (the “Restaurant Employees”) at the Restaurants shall be employees of OS Restaurant Services, Inc. (“OSRS”), a Delaware corporation and Affiliate of the Company, for any and all purposes, subject to OSRS’ and the Company’s rules, regulations and requirements, and will not be considered employees, agents or subcontractors of the Partnership for any purpose whatsoever. The parties agree that OSRS shall have the right to control and direct all Restaurant Employees who perform services for the Partnership, not only as to the result to be accomplished by such services, but also as to the detail, manner and means by which that result is to be accomplished. OSRS’ rights hereunder include, but are not limited to: (i) the right to terminate any Restaurant Employee’s services; (ii) the right to increase or decrease the compensation of any Restaurant Employee for such services at any time; (iii) the right to supervise Restaurant Employees in the performance of such services; and (iv) the right to require that all such services provided by Restaurant Employees be performed in accordance with the policies, directions and requirements specified by OSRS. Outback Catering of Pittsburgh, Ltd. 4
Restaurant Employees. In connection with the Restaurant Transition, all of the Hotel Personnel who are employees of Operator and who are primarily employed in connection with the operation of the Restaurant will be transitioned to be employees of CCA or its Affiliate (the “Transitioned Employees”). As of the Effective Date, the Parties have separately agreed upon and identified such Transitioned Employees. In connection with the foregoing, Operator shall, on or before the Effective Date, terminate the employment of all such Transitioned Employees with Operator. Owner shall indemnify, defend and hold harmless Operator for, from and against any claims which result or could result from the termination of such Transitioned Employees, including accrued payroll, accrued bonuses, accrued benefits such as vacation pay and sick days and other employment liabilities (including severance obligations) up to and including the date of such termination, any multi-employer withdrawal liability, obligations under then-existing or subsequently negotiated collective bargaining agreements, and any liabilities or obligations under employment-related Applicable Laws and other requirements applicable to severance or termination of employment (including the W.A.R.N. Act). From and after the Effective Date, all such Transitioned Employees shall be employees of CCA or its Affiliate.
Restaurant Employees. It is the Buyer's intention, but Buyer shall have no obligation, to offer employment as of the Effective Time to the Restaurant Employees, all such offers of employment to be pursuant to Buyer's standard employment practices and policies, but this expression of intent shall not be deemed to create any written contractual right of employment on the part of any such Restaurant Employee. All wages, salaries and benefits owed by Seller to the Restaurant Employees at the Effective Time shall be paid by Seller in compliance with the applicable Laws.
