Manner of Operations Clause Samples

Manner of Operations. (1) The Company shall— (a) carry out its operations on the leased area in a safe skilful and workmanlike manner; (b) permit an Inspector of Mines or any other person authorized by the Minister free access at all reasonable times to the place where coal won from the leased area is kept or stored and to inspect examine measure or weigh the coal and to determine what quantity or proportion thereof is usable or marketable coal; (c) before commencing to sink any shaft on the leased area or to use any shaft already sunk thereon deposit with the Secretary such sum as the Minister may fix by way of guarantee that before any such shaft is abandoned it will be securely covered to the satisfaction of the Chief Mining Inspector; (d) securely cover as aforesaid any such shaft before abandoning it; (e) during the term of this Agreement effectually drain the parts of the leased area from time to time being worked by the Company and pump out all water likely to cause injury thereto or which would prevent or interfere with the working thereof; (f) make such provision for the disposal of the silt sludge detritus dirt waste or refuse of or from the Company's works on the leased area so that the same will not flow or find its way into any water channel leading into or from the storage works of any public body or so as to injure or interfere with any land set apart for water supply purposes or become an actionable nuisance or obstruction to any roads ways rivers creeks or private or Crown lands; (g) during the term of this Agreement but subject to the provisions of clause 25 hereof pay to the owner occupier or lessee from the Crown of any adjoining land such compensation in respect of any damage sustained by him by reason of the Company's operations on in or under the leased area as may be agreed upon by the Company with such owner occupier or lessee or with the Minister or failing any such agreement as may be determined by arbitration under the provisions hereof; (h) at all times during the operation of this Agreement keep and preserve the Company's works as aforesaid in good repair and condition and at the expiration or sooner determination of the term of this Agreement deliver up peaceable possession of the leased area to some person authorized to receive possession thereof on behalf of the State; (i) permit any person authorized by the Minister with all proper assistants at all reasonable times during the term of this Agreement to enter into and upon every part of the Comp...

Manner of Operations. (1) The Company shall— (a) [omitted]; (b) [omitted]; (c) [omitted]; (d) [omitted]; (e) [omitted]; (f) [omitted]; (g) during the term of this Agreement but subject to the provisions of clause 25 hereof pay to the owner occupier or lessee from the Crown of any adjoining land such compensation in respect of any damage sustained by such owner occupier or lessee by reason of the Company's mining operations on in or under the leased area the freehold land the prior land or the purchased land as may be agreed upon by the Company with such owner occupier or lessee or with the Minister or failing any such agreement as may be determined by arbitration under the provisions hereof; (h) [omitted]; (i) [omitted]; (j) in carrying out its mining operations on the leased area the freehold land the prior land or the purchased land, comply with the Act and all other statutory provisions applicable thereto except to the extent those provisions may be modified or excluded by this Agreement or the Act referred to in clause 3 hereof.

Manner of Operations. The Management Company must operate the Hotel and its activities in accordance with the Operating Standards. The Management Company must perform all its services in a diligent and professional manner in accordance with recognized standards of the hotel management industry. The Management Company agrees to comply with applicable nondiscrimination laws outlined in Exhibit A to this Agreement. The Management Company agrees to operate and manage the Hotel for the Owner in a commercially reasonable, business-like, prudent, and professional manner, in accordance with and pursuant to (a) the requirements of this Agreement, (b) the then-current Budget approved by the Owner, (c) all Requirements (as set forth in Section 3.25 below), and (d) the objectives of expanding, modernizing, and improving the Hotel and services provided to Area visitors, and such other objectives as the Owner may determine from time to time, in the Owner’s sole discretion, and communicate to the Management Company. The Management Company must use its best efforts in the billing and collection of all Gross Revenues. The Management Company must make available to the Owner its knowledge, skills, ideas, experience, and abilities with respect to all matters pertaining to the management, maintenance, use, operation, and marketing of the Hotel, and must be available to consult with, advise, and inform the Owner and the Owner’s consultants, including the Owner’s Asset Manager, at all reasonable times during the Term of this Agreement. During emergency situations, the Management Company must be available to consult with, advise, and inform the Owner at all times.

Manner of Operations. Tenant shall conduct its business on the Premises at all times during the Term of this Lease in a professional, first-class manner in keeping with the overall quality and prestige of the Building, and Tenant acknowledges that this covenant represents material consideration for Landlord’s agreeing to enter into this Lease in light of the prominent ground floor location of the Premises. Tenant shall not do any act tending to injure the reputation or image of the Building. Tenant shall not install or operate any radio, television, loudspeaker or other similar device in the Premises which can be heard outside the Premises or which will disturb another tenant of the Building. Tenant shall not solicit business nor distribute any handbills or other advertising matters in any part of the Building. Tenant shall not obstruct the sidewalk, entrances, passages, elevators, stairways or corridors in or about the Building or use such areas for any purpose other than ingress and egress from the Premises. All deliveries to the Premises (other than deliveries during ordinary business hours by UPS and similar delivery services) shall take place at times designated by Landlord and Tenant’s use of the loading dock shall be in accordance with all existing rules and regulations and any reasonable rules and regulations as Landlord may from time to time establish after the date hereof.

Manner of Operations. (1) The Company shall— (a) [omitted]; (b) [omitted];

Manner of Operations. Concessionaire shall staff, conduct and operate its business on the Premises in a first class and reputable manner, and shall assure the transaction of a reasonable volume of business on and at the Premises. The City reserves the right to prohibit or modify the sale or rental of any item or service for public safety and/or to ensure that the public receives, in the City’s view, fair pricing, proper service, and appropriate quality. City also reserves the right to prohibit the sale or use of non-recyclable containers or plastics. Concessionaire shall ensure that a competent person shall be on Premises at all times during the operation of Premises.

Manner of Operations. 28 5.2 Management Committee................................................................................ 28 5.3 Committees of the Management Committee................................................... 29 5.4 Meetings of Management Committee............................................................. 30 5.5 Action by Unanimous Written Consent........................................................... 31 5.6 Major Decisions............................................................................................ 31 5.7 Budget and Business Plan; Investment Policies............................................... 31 5.8 Officers......................................................................................................... 32 5.9 Exculpation and Indemnification..................................................................... 32 5.10 Fiduciary Duty; Exculpation........................................................................... 33 5.11 Interparty Matters......................................................................................... 34 5.12 Capacity Improvement Projects..................................................................... 34 5.13 Construction of the J▇▇▇▇▇▇ Flyover.............................................................. 35

Manner of Operations. During the Term, Operator shall operate the Hotel and all of its facilities and all other activities pursuant to the Operating Standards and the Major Agreements and in the same manner as is customary and usual in the operation of other hotels operated by Operator in markets similar to the geographic area of the Hotel, to the extent consistent with the Budget. Upon written request by Owner, Operator shall provide Owner with all reasonably requested information regarding convention, group and transient reservation bookings at the Hotel. Notwithstanding anything to the contrary contained herein, (i) during the first two (2) full Fiscal Years of the Initial Term of this Agreement, Operator shall not own, lease, manage, operate, license or franchise another hotel or transient lodging facility within the Area of Protection that has (a) at least 125 guest rooms and (b) an average daily rate per guest room that is within twenty-five percent (25%) of the average daily rate for the Hotel (a “Competitive Property”), and (ii) from and after the expiration of the first two (2) full Fiscal Years of the Initial Term through the expiration of the Initial Term, Operator shall not, without the consent of Owner (which approval shall not be unreasonably withheld, conditioned or delayed), own, lease, manage, operate, license or franchise another Competitive Property (collectively, the “AOP Restriction”); provided, however, in the event Owner withholds its consent to Operator’s ability to own, lease, manage, operate, license or franchise a Competitive Property, Operator shall have the right, without payment by either party of any Termination Fee, penalty or other damages, upon sixty (60) days’ prior written notice to Owner (which notice shall be given no later than fifteen (15) days following Owner’s written disapproval of Operator’s request to own, lease, license, franchise, operate or manage a Competitive Property), to terminate this Agreement. Notwithstanding the foregoing, Owner agrees and acknowledges that Operator may, own, lease, manage, operate, license or franchise (a) the ▇▇▇▇-▇▇▇▇▇▇▇ Coconut Grove, Miami, (b) the Residence Inn by Marriott Miami Coconut Grove, (c) the to-be-developed hotel located on or about ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ and (d) the Exempt Hotels (as defined below). If the Opening Date has not occurred by December 31, 2020, then the AOP Restriction shall automatically be null and void and Operator may, prior to the Opening Date, enter in...

Manner of Operations. Subject to the provisions of this Agreement, -------------------- including Section 6.4, the Members each agree to act in good faith to operate the Company in a manner designed to maximize the long-term value of the Company as a whole.