Common use of AGENCY; HOTEL EMPLOYEES Clause in Contracts

AGENCY; HOTEL EMPLOYEES. 4.1. In the performance of its duties as Operator of the Hotels, Operator shall act solely as agent of Owner. Nothing in this Agreement shall constitute or be construed to be or create a partnership or joint venture between Owner and Operator. Except as otherwise provided in this Agreement, (a) all debts and liabilities to third persons incurred by Operator in the course of its operation and management of the Hotels in accordance with the provisions of this Agreement shall be the debts and liabilities of Owner only and (b) except to the extent provided in Section 23.1, Operator shall not be liable for any such obligations by reason of its management, supervision, direction and operation of the Hotel as agent for Owner. Operator may so inform third parties with whom it deals on behalf of Owner and may take any other reasonable steps to carry out the intent of this paragraph.

Appears in 3 contracts

Samples: Hotel Management Agreement (Summit Hotel Properties, Inc.), Hotel Management Agreement (Summit Hotel Properties, Inc.), Hotel Management Agreement (Summit Hotel OP, LP)

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AGENCY; HOTEL EMPLOYEES. 4.1. In the performance of its duties as Operator of the HotelsHotel, Operator shall act solely as agent of OwnerOwner in a fiduciary capacity. Nothing in this Agreement shall constitute or be construed to be or create a partnership or joint venture between Owner and OperatorOperator or create any interest in, lease of real estate or a lien or security interest of any nature against the Hotel or any portion thereof. Except as otherwise provided in this Agreement, (a) all debts and liabilities to third persons incurred by Operator in the course of its operation and management of the Hotels Hotel in accordance with the provisions of this Agreement shall be the debts and liabilities of Owner only and (b) except to the extent provided in Section 23.1, Operator shall not be liable for any such obligations by reason of its management, supervision, direction and operation of the Hotel as agent for Owner. Operator may so inform third parties with whom it deals on behalf of Owner and may take any other reasonable steps to carry out the intent of this paragraph.

Appears in 2 contracts

Samples: Hotel Management Agreement, Hotel Management Agreement (Sunstone Hotel Investors, Inc.)

AGENCY; HOTEL EMPLOYEES. 4.15.1. In the performance of its duties as Operator of the HotelsHotel, Operator shall act solely as agent of OwnerLessee. Nothing in this Agreement shall constitute or be construed to be or create a partnership or joint venture between Owner Lessee and Operator. Except as otherwise provided in this Agreement, (a) all debts and liabilities to third persons incurred by Operator in the course of its operation and management of the Hotels Hotel in accordance with the provisions of this Agreement shall be the debts and liabilities of Owner Lessee only and (b) except to the extent provided in Section 23.1, Operator shall not be liable for any such obligations by reason of its management, supervision, direction and operation of the Hotel as agent for OwnerLessee. Operator may so inform third parties with whom it deals on behalf of Owner Lessee and may take any other reasonable steps to carry out the intent of this paragraph.

Appears in 1 contract

Samples: Agreement (Winston Hotels Inc)

AGENCY; HOTEL EMPLOYEES. 4.15.1. In the performance of its duties as Operator of the HotelsHotel, Operator shall act solely as agent of Owner. Nothing in this Agreement shall constitute or be construed to be or create a partnership or joint venture between Owner and Operator. Except as otherwise provided in this AgreementAgreement (including without limitation Article 21 below), (a) all debts and liabilities to third persons incurred by Operator in the course of its operation and management of the Hotels Hotel in accordance with the provisions of this Agreement shall be the debts and liabilities of Owner only and (b) except to the extent provided in Section 23.1, Operator shall not be liable for any such obligations by reason of its management, supervision, direction and operation of the Hotel as agent for Owner. Operator may so inform third parties with whom it deals on behalf of Owner and may take any other reasonable steps to carry out the intent of this paragraph.

Appears in 1 contract

Samples: Hotel Management Agreement (Boykin Lodging Co)

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AGENCY; HOTEL EMPLOYEES. 4.15.1. In the performance of its duties as Operator of the HotelsHotel, Operator shall act solely as agent of Owner. Nothing in this Agreement shall constitute or be construed to be or create a partnership or joint venture between Owner and Operator. Except as otherwise provided in this Agreement, (a) all debts and liabilities to third persons incurred by Operator in the course of its operation and management of the Hotels Hotel in accordance with the provisions of this Agreement shall be the debts and liabilities of Owner only and (b) except to the extent provided in Section 23.1, Operator shall not be liable for any such obligations by reason of its management, supervision, direction and operation of the Hotel as agent for Owner. Operator may so inform third parties with whom it deals on behalf of Owner and may take any other reasonable steps to carry out the intent of this paragraph.

Appears in 1 contract

Samples: Stock Purchase Agreement (Keystone Inc Et Al)

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