VESTED WITH ABSOLUTE DISCRETION IN THE HIRING, SUPERVISING, DIRECTING,
DISCHARGING AND DETERMINING THE COMPENSATION, OTHER BENEFITS AND TERMS OF
EMPLOYMENT OF SUCH PERSONNEL.
IN SUCH DISCRETION, MANAGER MAY ELECT TO STAFF
CERTAIN FUNCTIONS AT OFFSITE OR REGIONAL LOCATIONS, OR TO PROVIDE EMPLOYEE
BENEFITS ON A BRAND-WIDE OR OTHER MULTI-LOCATION BASIS AND SHALL EQUITABLY
ALLOCATE THE EMPLOYEE COSTS AMONG THE HOTELS PARTICIPATING IN SUCH STAFFING OR
BENEFITS. SUBJECT TO MANAGER'S RIGHTS TO APPLY GROSS REVENUES TO OPERATING
COSTS, THE MANAGER SHALL BE RESPONSIBLE FOR (I) THE PAYMENT OF ALL COMPENSATION
OWING TO ITS EMPLOYEES, (II) THE PROVISION OF ANY BENEFITS, STATUTORY OR
OTHERWISE, EARNED, INCURRED OR ACCRUED BY ANY OF ITS EMPLOYEES, AND (III) THE
PAYMENT OR THE DEDUCTION FROM THE COMPENSATION AND/OR BENEFITS OF ITS EMPLOYEES,
AS THE CASE MAY BE, AND THE REMITTANCE TO THE APPROPRIATE GOVERNMENT AGENCIES OF
SUCH SUMS AS MAY BE REQUIRED TO BE PAID BY AN EMPLOYER OR WITHHELD FROM THE
EMPLOYEES' COMPENSATION AND/OR BENEFITS UNDER THE PROVISION OF ANY LEGAL
REQUIREMENTS.
OWNER SHALL NOT INTERFERE WITH THE PERFORMANCE OF EMPLOYMENT
DUTIES OF, OR GIVE ORDERS OR INSTRUCTIONS TO, ANY PERSONNEL EMPLOYED AT THE
HOTEL.
EXCEPT AS OTHERWISE PROVIDED HEREIN, OPERATING COSTS WILL INCLUDE ALL
EXPENSES, COSTS OR CHARGES WHICH ARE ALLOCABLE TO THE TERM AND ARE RELATED TO OR
INCIDENTAL TO ANY ON-SITE PERSONNEL EMPLOYED IN THE OPERATION OF THE HOTELS
(INCLUDING, WITHOUT LIMITATION, SALARIES, WAGES, OTHER COMPENSATION, BENEFIT
CONTRIBUTIONS AND PREMIUMS, NET OF AMOUNTS PAID BY HOTEL EMPLOYEES; STOP-LOSS
INSURANCE PREMIUMS; GROUP HEALTH PLAN BENEFIT PAYMENTS IN EXCESS OF CONTRIBUTION
AND PREMIUM AMOUNTS PAID BY HOTEL EMPLOYEES; PAY FOR VACATION, HOLIDAYS, SICK
LEAVE AND OTHER LEAVES OF ABSENCE; WORKERS' COMPENSATION PREMIUMS; WORKERS
COMPENSATION BENEFIT PAYMENTS PAID BY MANAGER; REASONABLE AND CUSTOMARY
ADMINISTRATIVE FEES AND TAXES; AND SEVERANCE BENEFITS APPLICABLE UNDER MANAGER'S
THEN CURRENT HUMAN RESOURCES POLICIES).
(B)
MANAGER SHALL COMPLY WITH ALL LEGAL REQUIREMENTS PERTAINING TO
LABOR RELATIONS, THE PERSONNEL EMPLOYED BY IT PURSUANT TO THIS AGREEMENT AND
THEIR EMPLOYMENT.
MANAGER SHALL NOT ENTER INTO ANY WRITTEN EMPLOYMENT
AGREEMENTS (EXCEPT FOR COLLECTIVE BARGAINING AGREEMENTS AS SET FORTH BELOW) WITH
ANY PERSON WHICH PURPORT TO BIND THE OWNER WITHOUT OBTAINING OWNER'S CONSENT,
WHICH CONSENT MAY BE WITHHELD IN OWNER'S SOLE AND ABSOLUTE DISCRETION.
IF
EITHER MANAGER OR OWNER SHALL BE REQUIRED, PURSUANT TO ANY SUCH LEGAL
REQUIREMENT, TO RECOGNIZE A LABOR UNION OR TO ENTER INTO COLLECTIVE BARGAINING
WITH A LABOR UNION, THE PARTY SO REQUIRED SHALL PROMPTLY NOTIFY THE OTHER.
46
IF APPLICABLE, MANAGER SHALL HAVE THE AUTHORITY TO NEGOTIATE AND SETTLE LABOR
UNION CONTRACTS WITH UNION EMPLOYEES AND UNION REPRESENTATIVES AND MANAGER IS
AUTHORIZED TO SETTLE LABOR DISPUTES AND ADMINISTRATIVE CLAIMS AS MAY BE
ROUTINELY NECESSARY IN THE DAILY MANAGEMENT OF THE HOTELS.
THE TERMS OF THIS
SECTION 7.3(B) SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS
AGREEMENT.
(C)
NO EMPLOYEE OF THE HOTELS SHALL RESIDE AT THE HOTELS WITHOUT THE
PRIOR WRITTEN APPROVAL OF OWNER.
NO PERSON SHALL BE GIVEN GRATUITOUS
ACCOMMODATIONS OR SERVICES WITHOUT PRIOR APPROVAL OF OWNER