Service and Supply Contracts Sample Clauses

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Service and Supply Contracts. (a) Manager shall directly select, supervise and engage all independent contractors, suppliers and vendors, in the development, operation, repair, maintenance, servicing and promotion of, and sale of lots from, the Project, including but not limited to those necessary for (i) the development and construction of new Sections, (ii) the supplying of goods and services related to the operation of LFCA and LFCC, and (iii) the supplying of electricity, gas, water, telephone, cable television, telecommunication services, cleaning, fuel, oil, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Project. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any such contract that (i) requires annual payment(s) which total in excess of $100,000.00, (ii) has a term of more than one (1) year (as expressly approved by Owner in writing), (iii) is with an affiliate of Manager or any individual directly related to any employee of Manager, or (iv) would cause any line item of the approved Budget, other than for utilities or an expense deferred, to be exceeded by more than (1) twenty percent (20%) for each line item of Fifty Thousand Dollars ($50,000.00) or less, or (2) ten percent (10%) for each line item greater than Fifty Thousand Dollars ($50,000.00), shall, unless expressly contemplated by the approved Budget, require the prior written consent of Owner, which consent shall not be unreasonably delayed, withheld or conditioned. Together with Manager's request for consent to any such service contract, Manager shall deliver to Owner a copy of the proposed contract, a statement of the relationship, if any, between Manager (or the person or persons in control of Manager) and the party which will supply such goods or services under the proposed contract, supporting analysis, if any, and competitive bid documentation, if any. (b) In connection with its selection and supervision of contractors, suppliers and other entities pursuant to this Section, Manager, among its other duties, will (i) subject to the emergency provisions of Section 2.4 hereof, negotiate and, when approved by Owner or when consistent with or contemplated by the approved Budget, enter into agreements relating to the development, operation, repair, maintenance, service and/or promotion of the Project, and (ii) directly supervise and inspect the performance under all contra...
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Service and Supply Contracts. (a) Manager shall directly select, supervise and engage all independent contractors, suppliers and vendors, in the operation, repair, maintenance and servicing of the Property, including but not limited to those necessary for the supplying of electricity, gas, steam, water, telephone, cleaning, fuel, oil, elevator maintenance, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Property. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any such contract that (i) requires annual payment(s) which total in excess of $5,000, or (ii) has a term of more than one (1) year (as expressly approved by Owner in writing), or (iii) is with an affiliate of Manager or any individual directly related to any employee of Manager, or (iv) would cause any line item of the approved budget, other than for utilities or an expense deferred for one month, to be exceeded shall require the prior written consent of Owner. Together with Manager's request for consent to any such service contract, Manager shall deliver to Owner a copy of the proposed contract, a statement of the relationship, if any, between Manager (or the person or persons in control of Manager) and the party which will supply such goods or services under the proposed contract, supporting analysis, if any, and competitive bid documentation. (b) In connection with its selection and supervision of contractors, suppliers and other entities pursuant to this Section, Manager, among its other duties, will (i) use its reasonable best efforts in selecting parties to perform work or to provide labor, goods, utilities or services to or at the Property so as to employ only such parties having the expertise and reputation of being fully capable and reliable in efficiently and fully performing their respective obligations under any contract with Manager, and fully performing consistent with the obligations set forth in this Section; (ii) subject to the emergency provisions of Section 2.4 hereof, negotiate and, when approved by Owner or consistent with the approved Budget, enter into agreements relating to the operation, repair, maintenance, service and/or promotion of the Property; (iii) directly supervise and inspect the performance under all contracts and agreements, including without limitation, the supervision, inspection and observation of all servicing, cleaning, security, maintenan...
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Service and Supply Contracts. (a) Manager shall directly select, supervise, and engage in Owner’s name in its capacity as agent of Owner, all independent contractors, suppliers and vendors, in the operation, repair, maintenance and servicing of the Property, including but not limited to those necessary for the supplying of electricity, gas, steam, water, telephone, cleaning, fuel, oil, elevator maintenance, vermin extermination, trash removal, security and other services deemed necessary or advisable by Manager for the operation of the Property. Notwithstanding the foregoing, but subject to the provisions of Section 2.4 above regarding emergency expenditures, any purchase order or contract evidencing such engagement that (i) requires total annual payment(s) in excess of $10,000 and which expense is not included at all in the Approved Budget, copies of which are attached hereto as Exhibit A;
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Service and Supply Contracts. Negotiate and enter into contracts for the provision of services to the Managed Outlet similar to the contracts of other Daily Grill restaurant locations;
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Service and Supply Contracts. Attached hereto as Exhibit C is a list of all contracts or agreements to which Seller is a party for the providing of services or supplies to or management of the Project, including (without limitation) a list of all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof with the consent of Purchaser pursuant to Section 6 below, are herein referred to collectively as the “Service and Supply Contracts”). Seller shall make available to Purchaser true and correct copies of the Service and Supply Contracts within five (5) days from the date hereof. Except as may be shown in said exhibit, all of the Service and Supply Contracts are in full force and effect; and to Seller’s knowledge Seller has received no written notice of any defaults, disputes, claims or rights of set-off under the Service and Supply Contracts.
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Service and Supply Contracts. Attached hereto as Exhibit C is a list of all contracts or agreements to which Seller is a party for the providing of services or supplies to or management of the Project, including (without limitation) a list of all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into by Seller with respect to the Project after the date hereof in accordance with the terms of this Agreement, are herein referred to collectively as the "Service and Supply Contracts"). Seller has hereto delivered to Purchaser true and correct copies of the Service and Supply Contracts. Except as may be shown in said exhibit, all of the Service and Supply Contracts are in full force and effect and free from material default by Seller and, to Seller's Knowledge, free from material default by the other party or parties thereto and there is no existing event which, with the passage of time or giving of notice, or both, would become a material default under the Service and Supply Contracts by Seller and, to Seller's Knowledge, there is no event which, with the passage of time or giving of notice, or both, would become a material default under the Service and Supply Contracts by the other party or parties thereto, and, to Seller's Knowledge, there are no disputes, claims or rights of set-off under the Service and Supply Contracts. All charges under the Service and Supply Contracts have been paid through the dates shown on Exhibit C.
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Service and Supply Contracts. Attached hereto as Schedule 3.1(l) is a list of all contracts or agreements to which the Company (acting on its own) or, to the Knowledge of the Transferors, the Operator or the Company (where the Operator has acted as agent for the Company), is a party for the providing of services or supplies solely to, or management solely of, the Project, including all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof with the consent of the Partnership pursuant to Article 6 below, are herein referred to collectively as the “Service and Supply Contracts”). The Transferors have delivered to the Partnership true and correct copies of the Service and Supply Contracts. Except as may be shown in Schedule 3.1(l), all of the Service and Supply Contracts are, to the Knowledge of the Transferors, in full force and effect and, to the Knowledge of the Transferors, there is no default under any of the Service and Supply Contracts which could reasonably be expected to have a Project Material Adverse Effect.
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Service and Supply Contracts. Attached hereto as Exhibit E is a list of all contracts or agreements to which Seller is a party for the providing of services or supplies to or management of the Project, including (without limitation) a list of all amendments and modifications thereto and assignments thereof (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof with the consent of Purchaser pursuant to Section 6 below, are herein referred to collectively as the "Service and Supply Contracts"). Seller has hereto delivered to Purchaser true and correct copies of the Service and Supply Contracts. Except as may be shown in said exhibit, all of the Service and Supply Contracts are in full force and effect and free from default and there is no existing event which, with the passage of time or giving of notice, or both, could become a default under the Service and Supply Contracts, and there are no disputes, claims or rights of set-off under the Service and Supply Contracts.
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Service and Supply Contracts. Manager has informed Seller that Exhibit C attached hereto is a list of all contracts or agreements (including all amendments and modifications thereto) to which Seller and/or Manager is a party for the providing of services or supplies to or management of the Project or otherwise with respect to the operation or maintenance of the Project (other than the Property Agreements, Tenant Leases, Equipment Leases and Loan Documents), including, without limitation, any franchise agreements, employment agreements and union contracts to which Seller and/or Manager is a party (which contracts and agreements, together with the contracts and agreements entered into with respect to the Project after the date hereof (other than any tenant leases or equipments leases) pursuant to Section 5 below, are herein referred to collectively as the “Service and Supply Contracts”); and, to Seller’s actual knowledge, such Exhibit C is accurate in all material respects. To Seller’s actual knowledge, Manager has provided Purchaser with access to true, correct and complete copies of the Service and Supply Contracts. Except as set forth on such Exhibit C, to Seller’s actual knowledge, (a) all of the Service and Supply Contracts are in full force and effect and free from material default and (b) there is no existing condition that, with notice or the passage of time or both, would constitute a material default under any of the Service and Supply Contracts.
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Related to Service and Supply Contracts

  • Customer Contracts 6.2.1 The Redistributor should ensure that its contracts with its Customers give it all necessary rights to control and monitor Data use. 6.2.2 The Redistributor is obliged to make the contents of this Schedule available to its customers.

  • Project Contracts Prior to the delivery of this Lease, the Company may have entered into a contract or contracts with respect to the acquisition and/or construction of the Improvements. Those contracts, and any such contracts entered into by the Company after delivery of this Lease are hereinafter referred to as the “Project Contracts.” Prior to the delivery hereof, certain work has been or may have been performed on the Improvements pursuant to said Project Contracts or otherwise. Subject to the Lender’s rights in the Project Contracts, the Company hereby conveys, transfers and assigns to the Issuer all of the Company’s rights in, but not its obligations under the Project Contracts and the Issuer hereby designates the Company as Issuer’s agent for the purpose of executing and performing the Project Contracts. After the execution hereof, the Company shall cause the Project Contracts to be fully performed by the contractor(s), subcontractor(s) and supplier(s) thereunder in accordance with the terms thereof, and the Company covenants to cause the Improvements to be acquired, constructed and/or completed in accordance with the Project Contracts. Any and all amounts received by the Issuer, the Trustee or the Company from any of the contractors or other suppliers by way of breach of contract, refunds or adjustments shall become a part of and be deposited in the Project Fund.

  • Vendor Contracts (a) ASO Contracts, Group Insurance Policies, HMO Agreements, and Letters of Understanding (1) Before the Distribution Date, Acuity shall, in its sole discretion, take such steps as are necessary under each ASO Contract, Group Insurance Policy, HMO Agreement, letter of understanding, and arrangement in existence as of the date of this Agreement to permit SpinCo to participate in the terms and conditions of such ASO Contract, Group Insurance Policy, HMO Agreement, letter of understanding, or arrangement from Immediately after the Distribution Date through August 31, 2008. The methodology used to allocate costs between SpinCo and Acuity under such policies and arrangements prior to the Distribution Date shall remain the same after the Distribution Date. The participation by SpinCo in such policy or arrangement shall relate to the SpinCo Health and Welfare Plan and SpinCo shall have all fiduciary responsibilities under ERISA with respect to the participation by the SpinCo Health and Welfare Plan in such policies or arrangements. Alternatively, with respect to any of such policies or arrangements, Acuity may take such steps as are necessary to arrange for an ASO Contract, Group Insurance Policy, HMO Agreement, letter of understanding, or arrangement EMPLOYEE BENEFITS AGREEMENT covering SpinCo that mirrors substantively that covering Acuity. This mirror arrangement shall apply for all or a portion of such period, as necessary under the circumstances. Acuity, in its sole discretion, may cause one or more of its ASO Contracts, Group Insurance Policies, HMO Agreements, letters of understanding, and arrangements into which Acuity enters after the date of this Agreement to allow SpinCo to participate in the terms and conditions thereof. Nothing contained in this Section 5.2(a) shall preclude Acuity from choosing to enter into ASO Contracts, Group Insurance Policies, HMO Agreements, letters of understanding, or other arrangements with new or different vendors; provided, until August 31, 2008, Acuity shall give SpinCo advance notice of any decision to change or add vendors. Furthermore, nothing contained in this paragraph (1) shall require Acuity to use more than its reasonable best efforts in complying with the provisions of the first four sentences of this paragraph (1). (2) Acuity shall have the right to determine, and shall promptly notify SpinCo of, the manner in which SpinCo’s participation in the terms and conditions of ASO Contracts, Group Insurance Policies, HMO Agreements, letters of understanding and arrangements as set forth above shall be effectuated; provided, however, Acuity shall use its best efforts to accommodate any reasonable needs communicated to Acuity by SpinCo that relate thereto. Such terms and conditions shall include the financial and termination provisions, performance standards, methodologies, auditing policies, quality measures, reporting requirements, and target claims. SpinCo hereby authorizes Acuity to act on its behalf to extend to SpinCo the terms and conditions of the ASO Contracts, Group Insurance Policies, HMO Agreements, and letters of understanding and arrangements. SpinCo shall fully cooperate with Acuity in such efforts, and, for periods through August 31, 2008, SpinCo shall not perform any act or fail to take any action that would prejudice Acuity’s efforts and financial arrangements under the Health and Welfare Plans (other than taking reasonable steps to enter into replacement ASO Contracts, Group Insurance Policies, HMO Agreements, and letters of understanding and arrangements for periods after August 31, 2008).

  • Supply Agreements For a period of three years from the consummation of the IPO, Odetics shall not unilaterally terminate or assign its guarantee obligation with respect to any supply agreement pursuant to which it has guaranteed the performance by ATL of ATL's obligations, unless such suppliers have consented to the termination or assignment of such guarantee.

  • Covered Contracts and Contractors If the Contract exceeds $100,000 and the Contractor employed more than 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, then the Contractor must comply with the requirements of Minn. Stat. § 363A.36 and Minn. R. 5000.3400-5000.3600. General. Minn. R. 5000.3400-5000.3600 implements Minn. Stat. § 363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of compliance and criteria for determining a contractor’s compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, Minn. R. 5000.3420-5000.3500 and 5000.3552-5000.3559.