Service or Product Contracts. Manager shall direct and supervise the maintenance and operation of the Enterprise as approved by COPR in the applicable Annual Plan. In connection therewith Manager may, on COPR's behalf and at COPR's expense, solicit bids with respect to the negotiation of contracts for services ("Service or Product Contracts"). Manager shall have the authority to execute Service or Product Contracts on behalf of COPR. Manager shall deliver fully executed originals of such Service or Product Contracts to COPR promptly following Manager's receipt thereof. Subject to Section 3.4 and provided such contracts comply with the applicable Budget, the Service or Product Contracts shall contain terms and provisions acceptable to COPR. Manager shall cause all warranties and guaranties relating to all material services and products obtained at the expense of COPR for the Enterprise to be in the name of COPR. Subject to Section 3.4, COPR agrees that Manager may negotiate and execute Service or Product Contracts with persons that are affiliated with Manager, provided the cost of any such Service Contract is no greater than, and the terms of such Service Contract are substantially similar to, those which Manager or COPR would receive in an arm's length transaction. Manager shall exercise good faith efforts to negotiate provisions for all Service or Product Contracts that will be substantially in the form provided by COPR (if provided previously by COPR to Manager) or provided by Manager and approved in advance by COPR. Notwithstanding the foregoing, Managers execution of a Service Contract shall be deemed an approval of all the terms and conditions contained in such Service Contract.
Appears in 2 contracts
Samples: Management Agreement (STWC. Holdings, Inc.), Management Agreement (STWC. Holdings, Inc.)
Service or Product Contracts. Manager shall direct and supervise the maintenance and operation of the Enterprise as approved by COPR STWCSV in the applicable Annual Plan. In connection therewith Manager may, on COPRSTWCSV's behalf and at COPRSTWCSV's expense, solicit bids with respect to the negotiation of contracts for services ("Service or Product Contracts"). Manager shall have the authority to execute Service or Product Contracts on behalf of COPRSTWCSV. Manager shall deliver fully executed originals of such Service or Product Contracts to COPR STWCSV promptly following Manager's receipt thereof. Subject to Section 3.4 and provided such contracts comply with the applicable Budget, the Service or Product Contracts shall contain terms and provisions acceptable to COPRSTWCSV. Manager shall cause all warranties and guaranties relating to all material services and products obtained at the expense of COPR STWCSV for the Enterprise to be in the name of COPRSTWCSV. Subject to Section 3.4, COPR STWCSV agrees that Manager may negotiate and execute Service or Product Contracts with persons that are affiliated with Manager, provided the cost of any such Service Contract is no greater than, and the terms of such Service Contract are substantially similar to, those which Manager or COPR STWCSV would receive in an arm's length transaction. Manager shall exercise good faith efforts to negotiate provisions for all Service or Product Contracts that will be substantially in the form provided by COPR STWCSV (if provided previously by COPR STWCSV to Manager) or provided by Manager and approved in advance by COPRSTWCSV. Notwithstanding the foregoing, Managers execution of a Service Contract shall be deemed an approval of all the terms and conditions contained in such Service Contract.
Appears in 2 contracts
Samples: Management Agreement (STWC. Holdings, Inc.), Trademark License Agreement (STWC. Holdings, Inc.)
Service or Product Contracts. Manager shall direct and supervise the maintenance and operation of the Enterprise as approved by COPR in TBDin the applicable Annual Plan. In connection therewith Manager may, on COPRTBD's behalf and at COPRTBD's expense, solicit bids with respect to the negotiation of contracts for services ("Service or Product Contracts"). Manager shall have the authority to execute Service or Product Contracts on behalf of COPRTBD. Manager shall deliver fully executed originals of such Service or Product Contracts to COPR promptly TBDpromptly following Manager's receipt thereof. Subject to Section 3.4 and provided such contracts comply with the applicable Budget, the Service or Product Contracts shall contain terms and provisions acceptable to COPRTBD. Manager shall cause all warranties and guaranties relating to all material services and products obtained at the expense of COPR for TBDfor the Enterprise to be in the name of COPRTBD. Subject to Section 3.4, COPR agrees TBDagrees that Manager may negotiate and execute Service or Product Contracts with persons that are affiliated with Manager, provided the cost of any such Service Contract is no greater than, and the terms of such Service Contract are substantially similar to, those which Manager or COPR would TBDwould receive in an arm's length transaction. Manager shall exercise good faith efforts to negotiate provisions for all Service or Product Contracts that will be substantially in the form provided by COPR (if TBD(if provided previously by COPR to TBDto Manager) or provided by Manager and approved in advance by COPRTBD. Notwithstanding the foregoing, Managers execution of a Service Contract shall be deemed an approval of all the terms and conditions contained in such Service Contract.
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