Retention of Manager. Owner hereby retains Manager to perform the services described below in accordance with the terms and conditions of this Agreement, utilizing trained, experienced personnel and employing professional real estate management practices and techniques. Manager accepts the relationship of trust and confidence established between it and Owner by this Agreement and covenants to use its best skill and prudent business judgment in furthering the interests of Owner. Manager will act in a fiduciary capacity for the benefit of Owner with respect to the proper protection of and accounting for the Property. Manager's duties and responsibilities will commence on the Commencement Date and shall continue until the expiration or earlier termination of this Agreement in accordance with Article 12.
Retention of Manager. General Definitions 3
Retention of Manager. The Company hereby employs the Manager to act as the adviser to the Company and to manage the investment and reinvestment of the Assets (as hereinafter defined) of the Company, subject to the supervision of the board of directors of the Company (the “Board”), for the period and upon the terms set forth herein:
(i) in accordance with the investment objectives, policies and restrictions that are set forth in the Consent Solicitation Statement and Private Placement Memorandum of the Parent, dated as of November 13, 2015 (the “Private Placement Memorandum”)', and
(ii) in accordance with all other applicable federal and state laws, rules and regulations, and the Company’s Articles of Incorporation (the “Articles”) and bylaws (the “Bylaws”), in each case as amended from time to time;
Retention of Manager. Subject to each of the terms, conditions and provisions of this Agreement, the Company hereby retains Lucor and Lucor hereby agrees to be retained by the Company and the Subsidiaries to perform those managerial functions set forth in Section 4 of this Agreement.
Retention of Manager. The Company hereby employs the Manager to act as the manager to the Company and its subsidiaries and to manage the day-to-day operations of the Company and its subsidiaries, subject at all times to the supervision of the Board, for the period and upon the terms herein set forth:
(i) in accordance with the business objectives, policies and restrictions that are (x) set forth in the Company’s Private Placement Memorandum dated June 30, 2017, as amended and/or supplemented from time to time (the “Offering Memorandum”); (y) contemplated by the Company’s Registration Statement (the “Registration Statement”) on Form S-1 to be filed with the Securities and Exchange Commission (the “SEC”), as amended from time to time; and (z) otherwise approved or implemented by the Board;
(ii) during the term of this Agreement in accordance with all other applicable federal and state laws, rules and regulations, and the Company’s certificate of formation and LLC Agreement, in each case as amended from time to time; and
(iii) such business policies, directives, regulatory restrictions as the Company may from time to time establish or issue and communicate to the Manager in writing.
Retention of Manager. (a) MCA hereby retains Manager to manage the operation of the Facility during the Management Term (as hereinafter defined), and Manager hereby accepts such retention and agrees to manage the Facility on behalf of MCA to the extent permitted by applicable law.
Retention of Manager. Owner hereby retains Manager to provide leasing, releasing, leasing related services, and asset management related services in connection with the Facility under the terms and conditions set forth herein.
Retention of Manager. The Company hereby employs the Manager to act as the manager to the Company and its subsidiaries and to manage the day-to-day operations of the Company and its subsidiaries, subject at all times to the supervision of the Board, for the period and upon the terms herein set forth:
(i) in accordance with the business objectives, policies and restrictions that are (x) set forth in the Company’s Private Placement Memorandum dated June 30, 2017, and any such subsequent private placement offering memorandum, as amended and/or supplemented from time to time (the “Offering Memorandum”); (y) contemplated by the Company’s Registration Statement (the “Registration Statement”) on Form S-1 filed with the Securities and Exchange Commission (the “SEC”), as amended from time to time; and (z) otherwise approved or implemented by the Board;
(ii) during the term of this Agreement in accordance with all other applicable federal and state laws, rules and regulations, and the Company’s certificate of formation and LLC Agreement, in each case as amended from time to time; and
(iii) such business policies, directives, regulatory restrictions as the Company may from time to time establish or issue and communicate to the Manager in writing.
Retention of Manager. Owner hereby engages Manager and Manager agrees to operate and manage the Managed Premises under the name "One CPS," for the account of, and on behalf of, Owner on an exclusive basis in accordance with the Operating Standard, the Approved Annual Operating Budget and the other terms of this Agreement. Manager shall not change the name of the Managed Premises without Owner's prior written consent, which shall not be unreasonably withheld. Subject to the provisions of this Agreement, Manager shall have decision-making authority in the day-to-day operation, direction, management and supervision of the Managed Premises. Manager's authority and obligations shall include: -13- <PAGE> (a) hiring, training, compensation, supervision and discharge and determining the size of Restaurant personnel, all in accordance with the Operating Standard and the Approved Annual Operating Budget; (b) the creation of food and beverage menus (each, a "Menu"), wine lists (each, a "Wine List") and the pricing of the same and the setting of the dress codes for the Managed Premises, all of which shall, prior to being implemented by Manager, be approved by Owner, such approval not to be unreasonably withheld or delayed so long as the same are consistent with (x) the Operating Standard and (y) the "Restaurant Concept" as set forth on Exhibit C; (c) maintaining and operating the Managed Premises in accordance with the Operating Standard and the Restaurant Concept. As to matters relating to the operation or management of the Managed Premises which are not provided for in this Agreement, Manager shall consider in good faith Owner's reasonable observations and requests with respect thereto, provided that Owner shall not make any such requests which would be inconsistent with the Operating Standard or the Restaurant Concept. At Owner's request, Manager shall meet with Owner to discuss such observations and requests; (d) establishing and supervising all advertising, public relations and promotional policies with respect to the Managed Premises with the costs thereof not exceeding the applicable amounts set forth in the Annual Approved Operating Budget;
Retention of Manager. Upon the terms and subject to the conditions hereinafter set forth, Owner hereby retains Manager to manage and operate Restaurants, and Manager hereby accepts such position.
