Common use of Staff and Management Clause in Contracts

Staff and Management. Licensee is at all times responsible for the management of the Hotel's business. Licensee may fulfill this responsibility by retaining a third party management company ("MANAGER"); provided, however, Licensee shall not enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part thereof with any entity without the prior written consent of Licensor in Licensor's sole discretion (there being no obligation on the part of Licensor to approve a third party management company). Licensee understands that Licensor will not normally approve a Competitor to manage the Hotel, or any entity that (through itself or an affiliate) is the exclusive manager for a Competitor. If a Manager becomes a Competitor at any time during the term of the Agreement, Licensee shall have 90 days to retain a substitute manager suitable to Licensor. As a prerequisite for Licensor's approval of a Manager, the proposed management agreement must provide (1) that the Manager has authority for the day-to-day management of the Hotel; (2) that the Manager has the authority to perform the obligations of the Licensee under this Agreement; and (3) that in the case of any conflict between this Agreement and the management agreement, this Agreement prevails.

Appears in 5 contracts

Samples: License Agreement (Apple Suites Inc), Homewood Suites License Agreement (Apple Suites Inc), License Agreement (Apple Suites Inc)

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Staff and Management. Licensee is at all times responsible for the management of the Hotel's business. Licensee may fulfill this responsibility by retaining a third party management company ("MANAGER"); provided, however, Licensee shall not enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part thereof with any entity without the prior written consent of Licensor in Licensor's sole discretion (there being no obligation on the part of Licensor to approve a third party management company). Licensee understands that Licensor will not normally approve a Competitor to manage the Hotel, or any entity that (through itself or an affiliate) is the exclusive manager for a Competitor. If a Manager becomes a Competitor at any time during the term of the Agreement, Licensee shall have 90 days to retain a substitute manager suitable to Licensor. As a prerequisite for Licensor's approval of a Manager, the proposed management agreement must provide (1) that the Manager has authority for the day-to-day management of the Hotel; (2) that the Manager has the authority to perform the obligations of the Licensee under this Agreement; and (3) that in the case of any conflict between this Agreement and the management agreement, this Agreement prevails.

Appears in 1 contract

Samples: License Agreement (Apple Suites Inc)

Staff and Management. Licensee is at all times responsible for the management of the Hotel's business. Licensee may fulfill this responsibility by retaining a third party management company ("MANAGER"( MANAGER ); provided, however, Licensee shall not enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part thereof with any entity without the prior written consent of Licensor in Licensor's Licensor s sole discretion (there being no obligation on the part of Licensor to approve a third party management company). Licensee understands that Licensor will not normally approve a Competitor to manage the Hotel, or any entity that (through itself or an affiliate) is the exclusive manager for a Competitor. If a Manager becomes a Competitor at any time during the term of the Agreement, Licensee shall have 90 days to retain a substitute manager suitable to Licensor. As a prerequisite for Licensor's Licensor s approval of a Manager, the proposed management agreement must provide (1) that the Manager has authority for the day-to-day management of the Hotel; (2) that the Manager has the authority to perform the obligations of the Licensee under this Agreement; and (3) that in the case of any conflict between this Agreement and the management agreement, this Agreement prevails.

Appears in 1 contract

Samples: License Agreement (Apple Suites Inc)

Staff and Management. Licensee is at all times responsible for the management of the Hotel's business. Licensee may fulfill this responsibility by retaining a third party management company ("MANAGERManager"); provided, however, Licensee shall not enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part thereof with any entity without the prior written consent of Licensor in Licensor's Licensor s sole discretion (there being no obligation on the part of Licensor to approve a third party management company). Licensee understands that Licensor will not normally approve a Competitor to manage the Hotel, or any entity that (through itself or an affiliate) is the exclusive manager for a Competitor. If a Manager becomes a Competitor at any time during the term of the Agreement, Licensee shall have 90 days to retain a substitute manager suitable to Licensor. As a prerequisite for Licensor's Licensor s approval of a Manager, the proposed management agreement must provide (1) that the Manager has authority for the day-to-day management of the Hotel; (2) that the Manager has the authority to perform the obligations of the Licensee under this Agreement; and (3) that in the case of any conflict between this Agreement and the management agreement, this Agreement prevails.

Appears in 1 contract

Samples: Homewood Suites License Agreement (Apple Suites Inc)

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Staff and Management. Licensee is at all times responsible for the management of the Hotel's business. Licensee may fulfill this responsibility by retaining a third party management company ("MANAGER"); provided, however, Licensee shall not enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part thereof with any entity without the prior written consent of Licensor in Licensor's Licensors sole discretion (there being no obligation on the part of Licensor to approve a third party management company). Licensee understands that Licensor will not normally approve a Competitor to manage the Hotel, or any entity that (through itself or an affiliate) is the exclusive manager for a Competitor. If a Manager becomes a Competitor at any time during the term of the Agreement, Licensee shall have 90 days to retain a substitute manager suitable to Licensor. As a prerequisite for Licensor's approval of a Manager, the proposed management agreement must provide (1) that the Manager has authority for the day-to-day management of the Hotel; (2) that the Manager has the authority to perform the obligations of the Licensee under this Agreement; and (3) that in the case of any conflict between this Agreement and the management agreement, this Agreement prevails.

Appears in 1 contract

Samples: License Agreement (Apple Suites Inc)

Staff and Management. Licensee is at all times responsible for the management of the Hotel's business. Licensee may fulfill this responsibility by retaining a third party management company ("MANAGERManager"); provided, however, Licensee shall not enter into any lease, management agreement or other similar arrangement for the operation of the Hotel or any part thereof with any entity without the prior written consent of Licensor in Licensor's sole discretion (there being no obligation on the part of Licensor to approve a third party management company). Licensee understands that Licensor will not normally approve a Competitor to manage the Hotel, or any entity that (through itself or an affiliate) is the exclusive manager for a Competitor. If a Manager becomes a Competitor at any time during the term of the Agreement, Licensee shall have 90 days to retain a substitute manager suitable to Licensor. As a prerequisite for Licensor's approval of a Manager, the proposed management agreement must provide (1) that the Manager has authority for the day-to-day management of the Hotel; (2) that the Manager has the authority to perform the obligations of the Licensee under this Agreement; and (3) that in the case of any conflict between this Agreement and the management agreement, this Agreement prevails.

Appears in 1 contract

Samples: License Agreement (Apple Suites Inc)

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