Common use of Enterprise Evaluation Clause in Contracts

Enterprise Evaluation. (a) Manager shall perform the following services in accordance with the applicable Annual Plan: (i) Manager shall undertake and perform all due diligence and other services required with respect to the evaluation, economic and otherwise, of the Enterprise pursuant to the applicable Annual Plan; (ii) Manager shall manage, administer, coordinate and supervise the due diligence and evaluation activities relating to the Enterprise; (iii) Manager shall diligently pursue the development of the Enterprise. (b) Manager acknowledges that it will not have authority once executed, absent the approval of STWCSV, to make any change to the Annual Plan unless specifically set forth in STWCSV's operating agreement. (c) Based on established procedures, the Manager shall use diligent efforts to timely ▇▇▇▇ and collect all charges and other fees which may become due at any time from any customer for services provided in connection with or for the use of the Enterprise. All monies so collected shall be deposited in the applicable Operating Account designated by the STWCSV. Manager will not terminate any vendor contract for products or services or institute a suit for collection or other proceedings without the prior approval of STWCSV. STWCSV shall be responsible for the payment of all reasonable expenses incurred by Manager or the Enterprise in connection with the prosecution of any suits or proceedings authorized by STWCSV, including reasonable legal fees. Manager shall monitor the progress of such legal suits or proceedings and shall keep STWCSV appraised of the status of such legal suits or proceedings. (d) Any legal notices, summonses, complaints, liens, levies, subpoenas, etc. (or copies thereof), received by or served upon Manager relating or pertaining to (i) STWCSV, (ii) the collection of income by STWCSV, or (iii) any other aspect of the management, operation, or operation and maintenance of the Enterprise, or any portion thereof, shall be immediately delivered to STWCSV by Manager.

Appears in 2 contracts

Sources: Master Services Agreement (STWC. Holdings, Inc.), Trademark License Agreement (STWC. Holdings, Inc.)

Enterprise Evaluation. (a) Manager shall perform the following services in accordance with the applicable Annual Plan: (i) Manager shall undertake and perform all due diligence and other services required with respect to the evaluation, economic and otherwise, of the Enterprise pursuant to the applicable Annual Plan; (ii) Manager shall manage, administer, coordinate and supervise the due diligence and evaluation activities relating to the Enterprise; (iii) Manager shall diligently pursue the development of the Enterprise. (b) Manager acknowledges that it will not have authority once executed, absent the approval of STWCSVCOPR, to make any change to the Annual Plan unless specifically set forth in STWCSVCOPR's operating agreement. (c) Based on established procedures, the Manager shall use diligent efforts to timely ▇▇▇▇ and collect all charges and other fees which may become due at any time from any customer for services provided in connection with or for the use of the Enterprise. All monies so collected shall be deposited in the applicable Operating Account designated by the STWCSVCOPR. Manager will not terminate any vendor contract for products or services or institute a suit for collection or other proceedings without the prior approval of STWCSVCOPR. STWCSV COPR shall be responsible for the payment of all reasonable expenses incurred by Manager or the Enterprise in connection with the prosecution of any suits or proceedings authorized by STWCSVCOPR, including reasonable legal fees. Manager shall monitor the progress of such legal suits or proceedings and shall keep STWCSV COPR appraised of the status of such legal suits or proceedings. (d) Any legal notices, summonses, complaints, liens, levies, subpoenas, etc. (or copies thereof), received by or served upon Manager relating or pertaining to (i) STWCSVCOPR, (ii) the collection of income by STWCSVCOPR, or (iii) any other aspect of the management, operation, or operation and maintenance of the Enterprise, or any portion thereof, shall be immediately delivered to STWCSV COPR by Manager.

Appears in 2 contracts

Sources: Management Agreement (STWC. Holdings, Inc.), Master Services Agreement (STWC. Holdings, Inc.)

Enterprise Evaluation. (a) Manager shall perform the following services in accordance with the applicable Annual Plan: (i) Manager shall undertake and perform all due diligence and other services required with respect to the evaluation, economic and otherwise, of the Enterprise pursuant to the applicable Annual Plan; (ii) Manager shall manage, administer, coordinate and supervise the due diligence and evaluation activities relating to the Enterprise; (iii) Manager shall diligently pursue the development of the Enterprise. (b) Manager acknowledges that it will not have authority once executed, absent the approval of STWCSVTBD, to make any change to the Annual Plan unless specifically set forth in STWCSVTBD's operating agreement. (c) Based on established procedures, the Manager shall use diligent efforts to timely ▇▇▇▇ and collect all charges and other fees which may become due at any time from any customer for services provided in connection with or for the use of the Enterprise. All monies so collected shall be deposited in the applicable Operating Account designated by the STWCSVTBD. Manager will not terminate any vendor contract for products or services or institute a suit for collection or other proceedings without the prior approval of STWCSVTBD. STWCSV shall TBDshall be responsible for the payment of all reasonable expenses incurred by Manager or the Enterprise in connection with the prosecution of any suits or proceedings authorized by STWCSVTBD, including reasonable legal fees. Manager shall monitor the progress of such legal suits or proceedings and shall keep STWCSV appraised TBDappraised of the status of such legal suits or proceedings. (d) Any legal notices, summonses, complaints, liens, levies, subpoenas, etc. (or copies thereof), received by or served upon Manager relating or pertaining to (i) STWCSVTBD, (ii) the collection of income by STWCSV▇▇▇, or ▇▇ (iii) any other aspect of the management, operation, or operation and maintenance of the Enterprise, or any portion thereof, shall be immediately delivered to STWCSV by TBDby Manager.

Appears in 1 contract

Sources: Master Services Agreement (STWC. Holdings, Inc.)

Enterprise Evaluation. (a) Manager shall perform the following services in accordance with the applicable Annual Plan: (i) Manager shall undertake and perform all due diligence and other services required with respect to the evaluation, economic and otherwise, of the Enterprise pursuant to the applicable Annual Plan; (ii) Manager shall manage, administer, coordinate and supervise the due diligence and evaluation activities relating to the Enterprise; (iii) Manager shall diligently pursue the development of the Enterprise. (b) Manager acknowledges that it will not have authority once executed, absent the approval of STWCSVHWH, to make any change to the Annual Plan unless specifically set forth in STWCSVHWH's operating agreement. (c) Based on established procedures, the Manager shall use diligent efforts to timely ▇▇▇▇ and collect all charges and other fees which may become due at any time from any customer for services provided in connection with or for the use of the Enterprise. All monies so collected shall be deposited in the applicable Operating Account designated by the STWCSVHWH. Manager will not terminate any vendor contract for products or services or institute a suit for collection or other proceedings without the prior approval of STWCSVHWH. STWCSV HWH shall be responsible for the payment of all reasonable expenses incurred by Manager or the Enterprise in connection with the prosecution of any suits or proceedings authorized by STWCSVHWH, including reasonable legal fees. Manager shall monitor the progress of such legal suits or proceedings and shall keep STWCSV HWH appraised of the status of such legal suits or proceedings. (d) Any legal notices, summonses, complaints, liens, levies, subpoenas, etc. (or copies thereof), received by or served upon Manager relating or pertaining to (i) STWCSVHWH, (ii) the collection of income by STWCSVHWH, or (iii) any other aspect of the management, operation, or operation and maintenance of the Enterprise, or any portion thereof, shall be immediately delivered to STWCSV HWH by Manager.

Appears in 1 contract

Sources: Master Services Agreement (STWC. Holdings, Inc.)