Orange County NC Website
Browse       Search
11 <br /> contained in the Owner's Strategic Plan. <br /> 5.4 Right of Use by Manager. The Owner hereby gives Manager the right of access <br /> and use of the Facility for the Term, and Manager accepts such right of use, for the purpose <br /> of performing the services herein specified, including the operation and maintenance of all <br /> physical and mechanical facilities necessary for, and related to, the operation, maintenance <br /> and management of the Facility. <br /> 5.5 Right of Use of Staff by Manager. Manager shall have the right to utilize its <br /> employees as needed to support Manager's organization as a whole, including but not <br /> limited to travel for training and temporary staffing coverage. Manager shall have the <br /> right to utilize the Facility to host events for its employees from time to time for the purpose <br /> of learning and development, at no cost to the operational budget other than that incurred by <br /> the staff who are regularly stationed at the Facility. However, any such utilization of the facility <br /> shall not inhibit or impair use of the Facility by Orange County residents and such use shall <br /> not occur more often than once quarterly. In such event Manager shall provide reasonable <br /> advance written notice to Owner. <br /> 5.6 Observance of Agreements and Policies. The Owner agrees to pay, keep, <br /> observe, and perform all payments, terms, covenants, conditions, and obligations under <br /> any agreements, leases, bonds, debentures, loans and other financing and security <br /> agreements to which Owner is bound in connection with its ownership of the Facility <br /> subject to annual appropriations. Manager agrees to pay, keep, observe, and perform all <br /> payments, terms, covenants, conditions, and obligations under any agreements, leases, <br /> bonds, debentures, loans and other financing and security agreements to which Manager is <br /> bound in connection with management of the Facility. Further Manager shall follow all <br /> policies and guidelines of the Owner existing at the time of the Effective Date or that may be <br /> adopted hereafter, as such policies and guidelines may from time to time be amended, <br /> provided Owner notifies Manager in writing that such policies and guidelines are applicable <br /> to the Facility including, without limitation, any methodology pertaining to the allocation of <br /> any costs and expenses by Owner to the Facility as permitted herein. Upon notification of <br /> the applicability of a policy it is Manager's responsibility to remain knowledgeable and <br /> informed regarding such policy and all amendments thereto. Upon receipt of such notice <br /> Manager shall respond and acknowledge the amendment and applicability of such policy to <br /> the Facility and management thereof. Should Manager fail to respond to the notice and <br /> acknowledge the policy directive, such policy shall become effective three (3) calendar days <br /> after the date the notice is sent. As of the Effective Date such policies are further described <br /> in Exhibit C. <br /> ARTICLE 6 PERSONNEL <br /> 6.1 Generally. All Facility staff and other personnel shall be engaged or hired by <br /> Manager in its sole discretion, and shall be employees, agents, or independent <br /> contractors of Manager, and not of the Owner. Manager shall select employees in its sole <br />