Common use of Management by Third-Party Operator Clause in Contracts

Management by Third-Party Operator. Developer shall have the right to directly operate the Courses. Developer, subject to the City’s prior written approval, has the right to subcontract operation of the Courses to firms affiliated, owned or under common control with Developer and/or any of its joint venture partners or to unrelated third parties (“Third-Party Operators”). Any such subcontracting shall not relieve Developer of its primary responsibility for performance of its duties and obligations under this agreement. To the extent allowed by Texas law, the City shall be deemed to be a third party beneficiary to each contract and subcontract by the Developer for operation or maintenance of the Courses. A. All contracts and subcontracts for the maintenance and operation of the Courses must require at a minimum strict compliance with the provisions of this agreement and a provision providing for the assignment of the contract or subcontract to the City in the event of Developer’s default hereunder and the termination of this agreement prior to its Expiration Date, without consent of the contractor, upon request of the City. Developer assumes ultimate responsibility for all work, acts or omissions of any contractor made in connection with this agreement. The above provision shall apply with equal force to any assignment proposed by Developer. B. Developer agrees that it is responsible for the performance of its contractors, and joint venture partners, if any, under this agreement. Developer agrees to initiate and take all corrective action should a Contractor or joint venture partner fail to comply with its contract with Developer or any provision of this agreement. The failure of a contractor or joint venture partner to comply with the provisions of this agreement shall constitute a default by Developer under this agreement entitling the City to exercise its remedies pursuant to Article 18 of this agreement.

Management by Third-Party Operator. Developer shall have the right to directly operate the Courses. Developer, subject to the City’s prior written approval, has the right to subcontract operation of the Courses to firms affiliated, owned or under common control with Developer and/or any of its joint venture partners or to unrelated third parties (“Third-Party Operators”). Any such subcontracting shall not relieve Developer of its primary responsibility for performance of its duties and obligations under this agreement. To the extent allowed by Texas law, the City shall be deemed to be a third party beneficiary to each contract and subcontract by the Developer for operation or maintenance of the Courses. A. All contracts and subcontracts for the maintenance and operation of the Courses must require at a minimum strict compliance with the provisions of this agreement and a provision providing for the assignment of the contract or subcontract to the City in the event of Developer’s default hereunder and the termination of this agreement prior to its Expiration Date, without consent of the contractor, upon request of the City. Developer assumes ultimate responsibility for all work, acts or omissions of any contractor made in connection with this agreement. The above provision shall apply with equal force to any assignment proposed by Developer▇▇▇▇▇▇▇▇▇. B. Developer ▇. ▇▇▇▇▇▇▇▇▇ agrees that it is responsible for the performance of its contractors, and joint venture partners, if any, under this agreement. Developer ▇▇▇▇▇▇▇▇▇ agrees to initiate and take all corrective action should a Contractor or joint venture partner fail to comply with its contract with Developer or any provision of this agreement. The failure of a contractor or joint venture partner to comply with the provisions of this agreement shall constitute a default by Developer under this agreement entitling the City to exercise its remedies pursuant to Article 18 of this agreement.

Management by Third-Party Operator. Developer shall have the right to directly operate the Courses. Developer, subject to the City’s prior written approval, has the right to subcontract operation of the Courses to firms affiliated, owned or under common control with Developer and/or any of its joint venture partners or to unrelated third parties (“Third-Party Operators”). Any such subcontracting shall not relieve Developer of its primary responsibility for performance of its duties and obligations under this agreement. To the extent allowed by Texas law, the City shall be deemed to be a third party beneficiary to each contract and subcontract by the Developer for operation or maintenance of the Courses. A. All contracts and subcontracts for the maintenance and operation of the Courses must require at a minimum strict compliance with the provisions of this agreement and a provision providing for the assignment of the contract or subcontract to the City in the event of Developer’s default hereunder and the termination of this agreement prior to its Expiration Date, without consent of the contractor, upon request of the City. Developer assumes ultimate responsibility for all work, acts or omissions of any contractor made in connection with this agreement. The above provision shall apply with equal force to any assignment proposed by Developer▇▇▇▇▇▇▇▇▇. B. Developer ▇▇▇▇▇▇▇▇▇ agrees that it is responsible for the performance of its contractors, and joint venture partners, if any, under this agreement. Developer ▇▇▇▇▇▇▇▇▇ agrees to initiate and take all corrective action should a Contractor or joint venture partner fail to comply with its contract with Developer or any provision of this agreement. The failure of a contractor or joint venture partner to comply with the provisions of this agreement shall constitute a default by Developer under this agreement entitling the City to exercise its remedies pursuant to Article 18 of this agreement.