Agenda - Council - 04/23/2024 - Laserfiche WebLink

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F. Supervise and purchase, in Owner's name, all inventories, provisions, and operating supplies, which, in the normal course of business, are necessary, desirable, or appropriate to maintain and operate the Facility. G. Take such action at law or in equity, in the name of either Manager or Owner, which Manager shall deem necessary, desirable, or appropriate in connection with routine matters, such as, but not limited to, proceedings for collection of amounts due the Facility for services rendered, arising out of the normal course of the operation of the Facility. Manager may not bring any action or proceeding in connection with matters which are not routine or which do not arise during the normal course of the operation of the Facility without the prior consent of Owner. Owner shall have the right to join in all legal action or proceedings in which it is a named party or in which it either has a legal interest or would ultimately be responsible for payment of all or part of any damages claimed whether or not Owner has been named a party. Any of the matters with respect to which Manager has been granted authority by this Agreement may, at Manager's sole and absolute discretion, be subcontracted to other entities or persons, including, without limitation, Manager's Affiliates. SECTION 3.3— LIMITATION ON MANAGER'S AUTHORITY: Except as permitted by the Annual Operating Budget, Manager may not, without the prior written consent of Owner, enter into any written contract or agreement on behalf of Owner which is to last for more than one (1) year from its commencement date or obligate Owner to an expenditure of more than Ten Thousand Dollars ($10,000). SECTION 3.4 - OPERATION: Manager shall operate the Facility and activities in such manner as is customary and usual in the operation of a First-Class Facility, including Supervisory Services, and shall provide such facilities and services at the Facility as are normally provided by managers of First-class Facilities. Manager shall have the right to operate the Facility or grant concessions with respect to any services customarily offered at First-class Facilities. SECTION 3.5- BUDGETS: Manager shall submit to Owner a proposed Annual Operating Budget for each Fiscal Year. The proposed Annual Operating Budget shall include estimates of revenues and any and all amounts needed for Capital Expenditures, Group Services, Operating Expenses, and Ownership Costs for the Fiscal Year in the format of the monthly operating statements referred to in Article Nine. Manager and Owner shall use their best reasonable efforts to promptly discuss, negotiate and approve the proposed Operating Budget. Manager shall not be liable to Owner for reasonable expenditures made by Manager in excess of any budgeted amounts in the Annual Operating Budget, provided that, such expenditures are made by Manager in good faith and within the exercise of its best professional judgment. ARTICLE FOUR ADVERTISING AND SALES PROMOTION Manager shall be responsible for all day-to-day decisions related to the marketing program for the Facility, including without limitation all day-to-day decisions regarding advertising, rates, discounts, sales promotions, and the like. All costs and expenses of the marketing program shall be borne by Owner. Manager shall arrange for all advertising and promotion that Manager reasonably deems necessary, desirable, and appropriate for the successful operation of the Facility. 3