System Standards. Subject to the availability of adequate funds, Manager shall take such actions consistent with this Agreement as are necessary for the Hotel to comply with the System Standards, and Manager shall operate the Hotel so that the Hotel will at all times comply with System Standards.
System Standards. Owner shall take such actions consistent with this Agreement as are necessary to enable the Inn to comply with the System Standards, and Manager shall have discretion in operating the Inn in order that the Inn will comply with System Standards.
System Standards. Licensee acknowledges and agrees that the operation of the Mrs. Fields Stores in accordance xxxx xxx xxecifications, standards, operating procedures and rules Licensor prescribes from time to time for the operation of Mrs. Fields Stores (the "System Xxxxxxxxx") is the essence of this Agreement and essential to preserve the goodwill of the Licensed Names and Marks. Therefore, Licensee will maintain and operate each Mrs. Fields Store in accordance xxxx xxxx and every System Standard, as periodically modified and supplemented by Licensor in its discretion during the term of this Agreement. System Standards may regulate any one or more of the following with respect to a Mrs. Fields Store:
(x) within the confines of the Mrs. Fields Store within a Licensed Location, the design, layout, decor, appearance and lighting; periodic and daily maintenance, cleaning and sanitation; replacement of obsolete or worn-out fixtures, furnishings, equipment and signs; use of interior and exterior signs, emblems, lettering and logos and the illumination thereof;
(ii) types, models, brands, maintenance and replacement of required equipment, fixtures, furnishings and signs;
(iii) approved, disapproved and required Licensed Products;
(iv) designated and approved suppliers (including Licensor and/or its affiliates) of equipment, fixtures, furnishings, signs, products, raw materials and supplies;
(v) use and operation of a point of sale register which accurately accounts for gross sales;
(vi) marketing, advertising and promotional activities and materials authorized for use,
(vii) use of the Licensed Names and Marks;
(viii) qualifications, training, dress, appearance and staffing of employees;
(ix) participation in reasonable market research and testing of new products and service development programs prescribed by Licensor;
(x) management by managers who have successfully completed Licensor's training program; communication to Licensor of the identities of such managers; replacement of managers whom Licensor determines to be unqualified to manage a Mrs. Fields Store; and other matters relating to the management of the Mrs. Fxxxxx Xxxxxx xxx xxxxx xxxxxxxxxx xxxxonnel;
(xi) with respect to each Mrs. Fields Store, the bookkeeping, reporting formats and content of reports to Licensor of sales, revenues, and related financial information;
(xii) compliance with applicable laws; obtaining required licenses and permits; and notification of Licensor in the event any action, suit or proceedin...
System Standards. Subject to Article X, Franchisee must operate the Hotel twenty-four (24) hours a day, every day, and use the Hotel premises solely for the business franchised under this Agreement. Franchisee may not operate, or allow any third party to operate, a time share office or desk or any other area from which time share interests, similar interests, or rights relating to any other property or service are offered or sold on or from any part of the Hotel premises. Franchisee must at all times ensure that the Hotel is operated in compliance with the Hotel System, the Manual (other than any personnel and security-related policies and procedures contained in the Manual, which are for Franchisee's optional use), and all other mandatory System Standards and other policies and procedures Hyatt periodically communicates to Franchisee, as Hyatt may periodically modify them. System Standards may regulate, among other things:
(a) Franchisee's obligation to maintain the Hotel in first class condition and in a clean, safe, and orderly manner, including periodic cleaning, repainting and redecorating of the Hotel and repair and replacement of FF&E;
(b) the provision of efficient, courteous, competent, prompt, and high-quality service to the public;
(c) quality standards and the types of services, concessions, operating supplies, amenities and other items that Franchisee may use, promote, or offer at the Hotel;
(d) Franchisee's use of the Proprietary Marks and display, style, location, and type of signage;
(e) directory and reservation service listings of the Hotel and methods for using required and authorized GDS and ADS;
(f) creating a favorable response to the name "Hyatt Place" and the names of any brand extensions, other Proprietary Marks and brand-specific programs bearing the "Hyatt" name;
(g) honoring all nationally recognized credit cards and other payment mechanisms that Hyatt periodically designates and entering into all necessary credit card and other agreements with the issuers of those cards and other applicable parties;
(h) mystery shopper programs, guest relations programs, and guest complaints and resolution programs, including reimbursing dissatisfied guests for their costs of staying at the Hotel and participating in other guest satisfaction programs in the manner Hyatt periodically specifies;
(i) delivering to Hyatt or otherwise providing Hyatt access to the names of Hotel customers and guests and Franchisee's sales and customer database; record retention polic...
System Standards. You acknowledge and agree that the operation of your Store in accordance with the System Standards is the essence of this Agreement and is essential to preserve the goodwill of the Marks and all Pretzelmaker Stores. Therefore, you agree that, at all times during the term of this Agreement, you will maintain and operate your Store in accordance with each of the System Standards. You agree that we have the right to modify the System Standards from time to time and acknowledge that the modifications may obligate you to invest additional capital in your Store and to incur higher operating costs. We agree not to obligate you to invest additional capital at a time when the investment cannot in our reasonable judgment be amortized during the remaining term of this Agreement, unless required by the lease or sublease for the Premises or applicable law.
System Standards. In the event of either (i) a Legal Requirement, including an order, judgment or directive by a court or administrative body which is issued in connection with any Litigation involving Owner or Lessee, or (ii) any action taken by a Mortgagee in connection with a Foreclosure, which in either case restricts or prevents Manager, in a material and adverse manner, from operating the Hotel in accordance with System Standards (including without limitation, any restrictions on expenditures by Manager from the Operating Accounts or from the FF&E Reserve, other than restrictions which are set forth in this Agreement), Manager shall be entitled, at its option, to terminate this Agreement upon sixty (60) days' written notice to Lessee, but only if Marriott has terminated the Submanagement Agreement pursuant to the comparable provision of the Submanagement Agreement. The foregoing shall not reduce or otherwise affect the rights of the parties under either Article IX or Section 11.11.I.
System Standards. In the event of either (i) a Legal Requirement, including an order, judgment or directive by a court or administrative body which is issued in connection with any Litigation involving Primary Manager, Owner or Wyndham, or (ii) any action taken by a Mortgagee in connection with a Foreclosure, which in either case restricts or prevents Submanager, in a material and adverse manner, from operating the Hotel in accordance with System Standards (including without limitation, any restrictions on expenditures by Submanager from the Operating Accounts or from the FF&E Reserve, other than restrictions which are set forth in this Agreement), Submanager shall be entitled, at its option, to terminate this Agreement upon sixty (60) days' written notice to Primary Manager. The foregoing shall not reduce or otherwise affect the rights of the parties under either Article IX or Section 11.11.I.
System Standards. (1) In the event that a Business Unit’s System XXXXX or XXXXX exceeds the allowable limit of 105% of the 36-month standard described above; TNMP will credit the remaining guarantees proportionately among all customers in the Business Unit.
(2) XXXXX: The guarantee will be the numerical difference between the actual and the allowable XXXXX values multiplied by 1 million, up to a maximum of one-half of the total remaining guarantee for the Business Unit.
(3) SAIDI: The guarantee will be the numerical difference between the actual and the allowable SAIDI values multiplied by 10,000, up to a maximum of one-half of the total remaining guarantee for the Business Unit.
System Standards. 47 11.21 Arbitration..................................................
System Standards. MANUALS
6.1 SYSTEM STANDARDS AND DEVELOPMENT OF TERRITORY SYSTEM STANDARDS -------------------------------------------------------------- MANUAL.
(a) Master Licensee covenants that it shall comply with all System ------ Standards applicable to master licensees of Company and all Territory System Standards. Within fifteen (15) days after execution of this Agreement, Company shall furnish to Master Licensee a copy of the Travelodge U.S. System Standards manuals and other materials which are typically furnished to U.S. Travelodge System franchisees to familiarize such franchisees with the Travelodge System. Company may designate mandatory life safety, technology and other design features in System Standards even if not commonly found in lodging facilities in the Territory having the same rating. Master Licensee shall submit for review and approval by Company, at least ninety (90) days prior to the execution of the first Franchise Agreement for a Unit, and within one hundred and eighty (180) days after the Agreement Date proposed Territory System Standards. Master Licensee shall also submit simultaneously therewith for Company's review and approval a written quality assurance inspection and enforcement program. Company will notify Master Licensee in writing of Company's acceptance or rejection of such proposed Territory System Standards and programs, specifying the reasons for any rejections. Master Licensee shall make such changes specified by Company and resubmit the Territory System Standards and programs until approved by Company.
(b) The Travelodge System, modified as hereinabove provided, shall be reflected in a development and operations manual (which may consist of one or more volumes) for the Territory containing Territory System Standards for the development and operation of Units (the "Territory System Standards Manual"). To the extent that Company modifies or enhances the System Standards as it deems appropriate from time to time, Master Licensee will modify the Territory System Standards and the Territory System Standards Manual to conform to such modifications and enhancements. Company from time to time may establish minimum standards for Units based on the System Standards and such other standards as Company deems appropriate for the commercial success of Units. These minimum standards may be enhanced by Master Licensee and Master Licensee shall develop and specify its own standards, provided that such standards shall be subject to Company's rev...
