Use and Standard of Operation Sample Clauses

Use and Standard of Operation. (a) Owner hereby grants to Hyatt Gaming the sole and exclusive right to manage and operate the Casino pursuant to the terms of this Agreement and Hyatt Gaming agrees that, except to the extent excused as hereinafter provided, Hyatt Gaming will, as the agent of Owner, operate the Casino during the Term in conformity with the First Class Casino Standard and in a businesslike and efficient manner consistent with the First Class Casino Standard; and Hyatt Gaming shall use the Casino solely for the operation of a casino business conforming to the First Class Casino Standard and for other activities which are customary and usual in connection with such an operation. Except as otherwise specifically limited under this Agreement, Hyatt Gaming, as sole and exclusive agent of Owner, shall (subject to compliance with the provisions of Section 6.2 hereof) control the operation of the Casino in its discretion including, without limitation, the right and power to negotiate and enter into such reasonable contracts (including, without limitation, collective bargaining agreements or labor contracts) in the name and at the expense of Owner as may be reasonably necessary or advisable in connection with the operation of the Casino; subject, however, to Owner"s right to approve contracts with a Hyatt Gaming Affiliate or contracts (or series of related contracts, excluding purchase orders) (other than HC national contracts and other than employee-related contracts or contracts reasonably required in cases of emergency or casualty) with a value in excess of Fifty Thousand Dollars ($50,000) (increased (but not decreased) annually at the beginning of each Fiscal Year by the percentage increase in the CPI from the CPI as of December 31, 1999) or with a term of greater than one year (excluding employee related matters) and the right to determine the terms of admittance, charges for rooms, charges for entertainment, food and beverages, the nature of the games and gaming devices, hours of operation and credit policies utilized in the Casino, labor policies (including wage rates, the hiring and discharging of employees, and the installation of employee retirement or other benefit plans), and all phases of promotion and publicity relating to the Casino. For purposes of this Section 3.1(a): (i) Subject to the other terms of this Agreement, the rights of Owner to receive an amount based on the financial returns from the operation of the Casino shall not be deemed to give Owner control or ...
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Use and Standard of Operation. (a) Except to the extent excused as hereinafter provided, Tenant shall use the Premises solely for the operation of a gaming casino (the "Business") in accordance with all applicable rules and regulations of the Nevada Gaming Authorities utilizing the name "The Resort at Summxxxxx" xx a non-exclusive basis or such other name as may be mutually agreed by Landlord and Tenant and shall operate the Business in a first-class high quality manner (the "Operating Standard"). Except as otherwise specifically set forth in this Lease, Tenant shall have absolute control and discretion in the operation of the Business including, without limitation, the right to determine the terms of admittance and labor policies (including wage rates, and the hiring and discharging of employees. (b) Notwithstanding anything in this Section 4.1 or elsewhere contained in this Lease, Tenant shall be excused from its obligation to operate the Business in conformity with the Operating Standard to the extent and whenever Tenant shall be prevented from compliance with the Operating Standard by events beyond Tenant's reasonable control as set forth in Section 16.7 below.
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Use and Standard of Operation 
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Related to Use and Standard of Operation

  • Conduct of Operations The Board of Directors and the General Partner shall use commercially reasonable efforts to conduct the business of the Partnership and its Affiliates in a manner that does not require a holder of Common Units to file a tax return in any jurisdiction with which the holder has no contact other than through ownership of Common Units.

  • CONTINUITY OF OPERATION Section 1: No Strikes, Work Stoppages or Lockouts

  • Co-operation Each Party acknowledges that this ESA must be approved by the Department and agree that they shall use Commercially Reasonable efforts to cooperate in seeking to secure such approval.

  • SUSPENSION OF OPERATIONS Concessionaire shall, at the direction of Department, immediately suspend, delay or interrupt Concessionaire’s operation of all or any part of the Concession Premises for such period of time as Department may determine to be appropriate to protect the Concession Premises and/or public health, safety, and welfare due to the occurrence of hazardous work conditions, emergency conditions, and/or any other cause including, but not limited to, Concessionaire's failure to perform any of the covenants, agreements, and conditions contained in this Agreement on its part to be performed. Concessionaire hereby waives any claim, and Department shall not be liable to any party claiming through Concessionaire, for damages, payment abatement, or compensation as a result of Department's actions under this Paragraph or this Agreement. Department's suspension of Concessionaire's operations shall be in addition to any other right or remedy available by law or in equity.

  • Duties of Operator Operator shall perform all required testing of Manufacturer’s Bus in accordance with the FTA Regulations and the established testing procedures used at the bus testing facility and provided to Manufacturer which procedures are attached hereto marked Exhibit “A” and incorporated herein by this reference.

  • Continuity of Operations Engage in any business activities substantially different than those in which Borrower is presently engaged, (2) cease operations, liquidate, merge, transfer, acquire or consolidate with any other entity, change its name, dissolve or transfer or sell Collateral out of the ordinary course of business, or (3) pay any dividends on Borrower's stock (other than dividends payable in its stock), provided, however that notwithstanding the foregoing, but only so long as no Event of Default has occurred and is continuing or would result from the payment of dividends, if Borrower is a "Subchapter S Corporation" (as defined in the Internal Revenue Code of 1986, as amended), Borrower may pay cash dividends on its stock to its shareholders from time to time in amounts necessary to enable the shareholders to pay income taxes and make estimated income tax payments to satisfy their liabilities under federal and state law which arise solely from their status as Shareholders of a Subchapter S Corporation because of their ownership of shares of Borrower's stock, or purchase or retire any of Borrower's outstanding shares or alter or amend Borrower's capital structure.

  • Commencement of Operations The Partnership shall not begin operations on its Leases unless the Managing General Partner is satisfied that necessary title requirements have been satisfied.

  • Maintenance of Operations The Company shall maintain operations at the Project for a minimum of ten (10) years beginning on the date the Project is Placed in Service. In addition to any other rights the Department may have under the terms of this Agreement, in the event that the Company discontinues of operations at the Project, such discontinuation may subject the Company to certain statutory provisions, including: 1. Pursuant to the Corporate Accountability for Tax Expenditures Act, 20 ILCS 715, et seq., a discontinuance of operations at the Project during the five-year period after the beginning of the first Taxable Year for which the Department issues a Certificate of Verification shall result in all Credits taken by the Company during such five-year period being deemed Wrongfully Exempted Illinois State Income Taxes and shall subject said Wrongfully Exempted Illinois State Income Taxes to the forfeiture provisions of Section VIII.D hereof. 2. Pursuant to Section 5-65 of the Act, discontinuance by the Company of operations at the Project during the term of this Agreement with the intent to terminate operations in the State of Illinois shall result in all Credits taken by the Company being deemed Wrongfully Exempted Illinois State Income Taxes and shall subject said Wrongfully Exempted Illinois State Income Taxes to the forfeiture provisions of Section VIII.D hereof.

  • TRANSFER OF OPERATIONS Purchaser shall be entitled to immediate possession of, and to exercise all rights arising under, the Assets from and after the time that the Restaurants open for business on the Closing Date, and operation of the Restaurants shall transfer at such time (the "Effective Time"). Except as expressly provided in this Agreement, all profits, losses, liabilities, claims, or injuries arising before the Effective Time shall be solely to the benefit or the risk of Seller. All such occurrences after the Effective Time shall be solely to the benefit or the risk of Purchaser. The risk of loss or damage by fire, storm, flood, theft, or other casualty or cause shall be in all respects upon Seller prior to the Effective Time and upon the Purchaser thereafter.

  • Statement of Operations Statement of Changes in Net Assets.

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