formofhotelmastermanagementagreement酒店管理合同范本全英文:总结计划汇报设计纯word可编辑内容摘要:
related to the operation and/or ownership of the Premises。 (i) Franchise fees, royalties, license fees, or pensation or consideration paid or payable to the Franchisor (as hereinafter defined), or any successor Franchisor, pursuant to a Franchise Agreement (as hereinafter defined)。 (j) The Premises’ allocable share of the actual costs and expenses incurred by Manager in providing Group Services as provided in Section hereof。 (k) The Management Fee。 (l) Rental payments made under equipment leases。 and (m) Other expenses incurred in connection with the maintenance or operation of the Premises not expressly set forth above and authorized pursuant to this Agreement. Deductions shall not include: (a) depreciation and amortization, (b) Debt Service, or (c) Ground Lease Payments。 “Effective Date” shall mean the date this Agreement is fully executed and delivered. “Eligible Independent Contractor” shall have the meaning as set forth in Section . “Emergency Expenses” shall mean any expenses, regardless of amount, which, in Manager’s reasonable judgment, are immediately necessary to protect the physical integrity or lawful operation of the Hotels or the health or safety of its occupants. “Employee Claims” shall mean any claims (including all fines, judgments, penalties, costs, litigation and/or arbitration expenses, attorneys’ fees and expenses, and costs of settlement with respect to any such claim) made by or in respect of an employee or potential hire of Manager against Manager and/or Lessee which are based on a violation or alleged violation of the Employment Laws or alleged contractual obligations. “Employee Costs and Expenses” shall have the meaning as set forth in Section . “Employee Related Termination Costs” shall have the meaning as set forth in Section . “Employment Laws” shall mean all applicable federal, state and local laws (including, without limitation, any statutes, regulations, ordinances or mon laws) regarding the employment, hiring or discharge of persons. 4 “Event(s) of Default” shall have the meaning set forth in Article XIX. “Excluded Employee Claims” shall mean any Employee Claims (a) to the extent attributable to a substantial violation by Manager of Employment Laws, or (b) which do not arise from an isolated act of an individual employee but rather is the direct result of corporate policies of Manager which either encourage or fail to discourage the conduct from which such Employee Claim arises. “Executive Employees” shall mean the senior executives of the Manager. “Expiration Date” shall have the meaning as set forth in Section . “FFamp。 E” shall have the meaning as set forth in Section . “Fiscal Year” shall mean the twelve (12) month calendar year ending December 31, except that the first Fiscal Year and last Fiscal Year of the term of this Agreement may not be full calendar years. “Fixed Asset Supplies” shall mean supply items included within “Property and Equipment” under the Uniform System of Accounts, including linen, china, glassware, silver, uniforms, and similar items. “Force Majeure” shall mean any act of God (including adverse weather conditions)。 act of the state or federal government in its sovereign or contractual capacity。 war。 civil disturbance, riot or mob violence。 terrorism。 earthquake, flood, fire or other casualty。 epidemic。 quarantine restriction。 labor strikes or lock out。 freight embargo。 civil disturbance。 or similar causes beyond the reasonable control of Manager. “Franchisor” shall mean those certain franchisors and any successor franchisors selected by Lessee (subject to the terms of the Leases) identified on Exhibit “C” attached hereto (as modified from time to time). “Franchise Agreement” shall mean those certain license agreements between a Franchisor and Lessee as such license agreements are amended from time to time, and any other contract hereafter entered into between Lessee and such Franchisor pertaining to the name and operating procedures, systems and standards for the Hotels, as described on Exhibit “C” attached hereto (as modified from time to time). “Full Replacement Cost” shall have the meaning as set forth in Section . “Future Hotels” shall mean any hotel or motel properties leased after the date hereof by Lessee from Affiliates of the Partnership as more particularly described in Article XXVI hereof. “GAAP” shall mean generally accepted accounting principles consistently applied as recognized by the accounting industry and standards within the United States. 5 “General Manager” or “General Managers” shall have the meanings as set forth in Section . “Gross Operating Profit” shall mean the actual gross operating profit of the Premises determined generally in accordance with the Uniform System of Accounts, consistently applied and consistent with the determination thereof in the Annual Operating Budget. “Gross Operating Profit Margin” shall mean for any applicable Fiscal Year, the quotient expressed as a percentage, (i) the numerator of which is the Gross Operating Profit, and (ii) the denominator of which is Gross Revenues. “Gross Revenues” shall mean all revenues and receipts of every kind received from operating the Premises and all departments and parts thereof, including but not limited to, ine from both cash and credit transactions, ine from the rental of rooms, stores, offices, banquet rooms, conference rooms, exhibits or sale space of every kind, license, lease and concession fees and rentals (not including gross receipts of licensees, lessees and concessionaires), vending machines, health club membership fees, food and beverage sales, wholesale and retail sales of merchandise, service charges, and proceeds, if any, from business interruption or other loss of ine insurance。 provided, however, Gross Revenues shall not include (a) gratuities to。formofhotelmastermanagementagreement酒店管理合同范本全英文:总结计划汇报设计纯word可编辑
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