Common use of Facility Manager Clause in Contracts

Facility Manager. No later than one hundred and twenty (120) Days after the Effective Date, pursuant to the Industry Agreement, Concessionaire and the other Concessionaires, at their sole expense and at no expense to County, shall retain a third party manager ("Facility Manager") to ensure full performance of the obligations and responsibilities of Concessionaire under this Agreement and the Concessionaires under their Concession/Lease Agreements, and to serve as a direct liaison with the Contract Administrator regarding the Concessionaires' use and operation of all portions of the Joint-Use Facility and performance in accordance with the Concession/Lease Agreements. The Contract Administrator shall participate in the selection process and must approve, in advance, the proposed scope of duties and obligations of the Facility Manager which shall include, at a minimum, those set forth in this Agreement. Once selected, there shall be no change of the Facility Manager without the Contract Administrator's prior written approval. At least thirty (30) Days prior to engaging a Facility Manager, and at least ninety (90) Days prior to changing the Facility Manager or the terms of any contract with the Facility Manager, unless another timeframe is approved by the Contract Administrator, the Management Committee shall submit to the Contract Administrator for his or her review and approval any such information as the Contract Administrator may reasonably request regarding the experience, financial strength, and operational plan associated with any such Facility Manager, and a complete copy (including all exhibits or attachments) of any proposed contract(s) between the Concessionaires and the Facility Manager. Such contract(s) shall, at a minimum: (a) be consistent with the provisions of this Agreement; (b) be consistent with operating agreements customary at consolidated rental car facilities at large hub airports; (c) require the Facility Manager to defend and indemnify County from any damages, claims, or the like resulting from the Facility Manager's acts or omissions; (d) require the Facility Manager to procure insurance of like kind and amount required of Concessionaire as set forth in this Agreement and cause County to be an additional insured under such policies, and provide to County certificates of insurance naming County as an additional insured; (e) provide that such contracts may not be cancelled or terminated without prior written notice to County; (f) allow for amendments and or extensions of term, if necessary; and (g) require that the Facility Manager perform the duties set forth in the Industry Agreement and approved by County. Unless otherwise agreed by the Contract Administrator, the Facility Manager shall have at least five (5) years of experience in the management and operation of commercial facilities similar to the RCC in a competent and professional manner in accordance with operating standards and policies standard in the industry, and financial strength and management competency, with personnel having appropriate experience to operate, maintain, and manage the RCC. The contract(s) between the Concessionaires and the Facility Manager shall specifically bind the Facility Manager to those obligations to be performed by the Facility Manager under this Agreement, and County shall specifically be a third party beneficiary of any such contract(s). The Facility Manager shall participate in a County orientation within thirty (30) Days after being appointed. The Management Committee shall give County the name and telephone number for the Facility Manager, who shall be available twenty-four (24) hours per Day, seven (7) Days a week for issues related to this Agreement.