Common use of Chain Services Clause in Contracts

Chain Services. A. Manager shall, beginning with the Effective Date and thereafter during the Term of this Agreement, cause Chain Services to be furnished to each Hotel. B. Costs and expenses incurred in the providing of Chain Services shall be allocated on a fair and equitable basis among all Courtyard by Marriott hotels owned, leased, operated or managed by Manager in the United States which benefit from these services. Such allocation shall be made without regard to any "caps" or other limitations on the amount which Manager may charge to a given hotel, pursuant to agreements which Manager may have with the owner of such hotel. Any excess of that portion of such costs and expenses which is fairly allocated to a given hotel over the "cap" which may be in effect with regard to that hotel shall be paid by Manager from its own funds and shall not be a Deduction. Manager shall make no profit from amounts paid for Chain Services. In no event will the total charge for all of the Chain Services which are described in the definition of Chain Services in Section 1.01 (exclusive of reservation system services), for any given Fiscal Year, exceed five percent (5%) of Gross Revenues for such Fiscal Year. The parties hereby stipulate that the limitation set forth in the preceding sentence is intended to apply only to the services which are currently listed (as of the Effective Date) in the definition of Chain Services in Section 1.01; accordingly, if there are types of expenditures which were originally treated as Deductions (other than pursuant to Paragraph 9 of the definition of "Operating Profit" in Section 1.01), but which are later determined to be more properly treated as Chain Services, such expenditures shall be treated as Deductions pursuant to said Paragraph 9 of the definition of "Deductions" without regard to the aforesaid limitation. If services currently provided as Chain Services are subsequently determined to be appropriately charged as Deductions, the cost of the services will continue to be considered as a Chain Service cost in determining the total charge allowed under the "cap" of five percent (5%) of Gross Revenues.

Chain Services. A. Manager Tenant shall, beginning with the Effective Date and thereafter during the Term of this Agreement, cause Chain Services to be furnished to each Hotelthe Hotels. B. Costs and expenses incurred in the providing of Chain Services shall be allocated on a fair and equitable basis among all Courtyard by Marriott hotels owned, leased, operated or managed by Manager Tenant or its Affiliates in the United States which benefit from these services. Such allocation shall be made without regard to any "caps" or other limitations on the amount which Manager Tenant or its Affiliates may charge to a given hotel, pursuant to agreements which Manager Tenant (or its Affiliates) may have with the owner of such hotel. Any excess of that portion of such costs and expenses which is fairly allocated to a given hotel over the "cap" which may be in effect with regard to that hotel shall be paid by Manager Tenant from its own funds and shall not be a Deduction. Manager Tenant shall make no profit from amounts paid for Chain Services. In no event will the total charge for all of the Chain Services which are described in the definition of Chain Services in Section 1.01 (exclusive of reservation system services), for any given Fiscal Year, exceed five percent (5%) of Gross Revenues for such Fiscal Year. The parties hereby stipulate that the limitation set forth in the preceding sentence is intended to apply only to the services which are currently listed (as of the Effective Date) in the definition of Chain Services in Section 1.01; accordingly, if there are types of expenditures which were originally treated as Deductions (other than pursuant to Paragraph 9 7 of the definition of "Operating ProfitDeductions" in Section 1.01), but which are later determined to be more properly treated as Chain Services, such expenditures shall be treated as Deductions pursuant to said Paragraph 9 7 of the definition of "Deductions" without regard to the aforesaid limitation. If services currently provided as Chain Services are subsequently determined to be appropriately charged as Deductions, the cost of the services will continue to be considered as a Chain Service cost in determining the total charge allowed under the "cap" of five percent (5%) of Gross Revenues.

Chain Services. A. Manager shallHyatt shall provide, beginning or shall cause its affiliates to provide, in connection with the Effective Date operation end for the benefit of the Hotel, those group benefits, services and thereafter facilities (hereinafter referred to collectively at “Chain Services”) generally made available by Hyatt from time to time during the Term of this Agreementto hotels (which term, cause as used herein, dots not include Hyatt Lodges or any hotel not operated under a name which includes the word “Hyatt”) operated by Hyatt or its affiliates. Chain Services presently consist of (i) convention, business and sales promotion services (including the maintenance and staffing of Hyatt’s home office sales force and of regional sales offices in various parts of the United States and the world), (ii) advertising, publicity and public relations services, (iii) food and beverage, personnel and other operational departmental supervision and control services, (iv) centralized reservations services in Omaha, Nebreska, and (v) the making available of qualified personnel through the Hyatt employee training program. Neither Hyatt nor any of its affiliates shall charge or receive any profit in respect of any such Chain Services. Hyatt shall, however, be entitled to charge the operation of the Hotel and to be furnished to each reimbursed for the Hotel’s prorate share of “Allocable Chain Expense. B. Costs and expenses ” “Chain Expense” for any period shall include all costs incurred during such period by Hyatt or by any of its affiliates in the providing respect of Chain Services other than the costs of food and beverage, personnel and other operational departmental supervision and control services. “Allocable Chain Expense” for any period shall mean all chain Expense incurred during such period, reduced by any amounts which Hyatt or any of its affiliates shall be allocated on a fair and equitable basis among all Courtyard by Marriott entitled to be paid in respect of Chain Services furnished during such period to hotels owned, leased, operated which are situated outside of the United States (whether or managed by Manager not opened to the public) or which are situated in the United States which benefit from these servicesbut are not opened to the public (for the reason that they are under construction or are otherwise being prepared for opening). Such allocation The Hotel’s prorata share of Allocable Chain Expense for any period shall be made without regard bear the same ratio to any "caps" the Allocable Chain Expense for such period as the number of guest rooms in the Building bears to the average number of guest rooms in all hotels in the United States opened to the public and operated during such period by Hyatt or other limitations on its affiliates. Each time the amount which Manager may Hyatt shall charge to a given hotel, pursuant to agreements which Manager may have with the owner of such hotel. Any excess of that portion of such costs and expenses which is fairly allocated to a given hotel over the "cap" which may be in effect with regard to that hotel shall be paid by Manager from its own funds and shall not be a Deduction. Manager shall make no profit from amounts paid for Chain Services. In no event will the total charge for all operation of the Hotel for its prorata share of Allocable Chain Services which are described in the definition of Chain Services in Section 1.01 (exclusive of reservation system services), Expense for any given Fiscal Yearperiod, exceed five percent (5%) of Gross Revenues for it shall furnish to Owner a statement in reasonably sufficient detail to provide Owner with data supporting such Fiscal Year. The parties hereby stipulate that the limitation set forth in the preceding sentence is intended to apply only to the services which are currently listed (as of the Effective Date) in the definition of Chain Services in Section 1.01; accordingly, if there are types of expenditures which were originally treated as Deductions (other than pursuant to Paragraph 9 of the definition of "Operating Profit" in Section 1.01), but which are later determined to be more properly treated as Chain Services, such expenditures shall be treated as Deductions pursuant to said Paragraph 9 of the definition of "Deductions" without regard to the aforesaid limitation. If services currently provided as Chain Services are subsequently determined to be appropriately charged as Deductions, the cost of the services will continue to be considered as a Chain Service cost in determining the total charge allowed under the "cap" of five percent (5%) of Gross Revenuescharge.

Chain Services. A. Manager Tenant shall, beginning with the Effective Date and thereafter during the Term of this Agreement, cause Chain Services to be furnished to each the Hotel. B. Costs and expenses incurred in the providing of Chain Services shall be allocated on a fair and equitable basis among all Courtyard by Marriott hotels owned, leased, operated or managed by Manager Tenant or its Affiliates in the United States which benefit from these services. Such allocation shall be made without regard to any "caps" or other limitations on the amount which Manager Tenant or its Affiliates may charge to a given hotel, pursuant to agreements which Manager Tenant (or its Affiliates) may have with the owner of such hotel. Any excess of that portion of such costs and expenses which is fairly allocated to a given hotel over the "cap" which may be in effect with regard to that hotel shall be paid by Manager Tenant from its own funds and shall not be a Deduction. Manager Tenant shall make no profit from amounts paid for Chain Services. In no event will the total charge for all of the Chain Services which are described in the definition of Chain Services in Section 1.01 (exclusive of reservation system services), for any given Fiscal Year, exceed five percent (5%) of Gross Revenues for such Fiscal Year. The parties hereby stipulate that the limitation set forth in the preceding sentence is intended to apply only to the services which are currently listed (as of the Effective Date) in the definition of Chain Services in Section 1.01; accordingly, if there are types of expenditures which were originally treated as Deductions (other than pursuant to Paragraph 9 7 of the definition of "Operating ProfitDeductions" in Section 1.01), but which are later determined to be more properly treated as Chain Services, such expenditures shall be treated as Deductions pursuant to said Paragraph 9 7 of the definition of "Deductions" without regard to the aforesaid limitation. If services currently provided as Chain Services are subsequently determined to be appropriately charged as Deductions, the cost of the services will continue to be considered as a Chain Service cost in determining the total charge allowed under the "cap" of five percent (5%) of Gross Revenues.