Competing Facilities. Neither this Agreement nor anything implied by the relationship between Landlord and Tenant shall prohibit Tenant, from constructing, operating, promoting, and/or authorizing others to construct, operate, or promote one or more assisted living facilities or any other business operations of any type, at any location, including a location proximate to the Land. Landlord acknowledges, accepts and agrees further that Tenant and Tenant's Affiliates retain the right, from time to time, to construct or operate, or both, or promote or acquire, or authorize or otherwise license others to construct or operate, or both, or promote or acquire any assisted living facilities or other business operations of any type whatsoever, including, but not by way of limitation, those listed above, at any location including one or more sites which may be adjacent, adjoining or proximate to the Land, which business operations may be in direct competition with the Leased Improvements and that any such exercise may adversely affect the operation of the Leased Improvements. [SIGNATURES BEGIN ON THE NEXT PAGE.]
Competing Facilities. Neither this Agreement nor anything implied by the relationship between Landlord and Tenant shall prohibit Tenant or its Manager, or any of their Affiliated Persons, from constructing, operating, promoting, and/or authorizing others to construct, operate, or promote one or more hotels (including without limitation Marriott Hotels, Marriott Resorts, Marriott Suites Hotels, Ritz Carlton Hotels, Courtyard by Marriott Hotels, Fairfield Inns, Fairfield Suites, SpringHill Suites Hotels, TownePlace Suites by Marriott), or any other lodging concepts, time share facilities, restaurants or other business operations of any type, at any location, including a location proximate to the Land. Landlord acknowledges, accepts and agrees further that Tenant, Manager and their Affiliated Persons retain the right, from time to time, to construct or operate, or both, or promote or acquire, or authorize or otherwise license others to construct or operate, or both, or promote or acquire any hotels, lodging concepts or products, restaurants or other business operations of any type whatsoever, including, but not by way of limitation, those listed above, at any location including one or more sites which may be adjacent, adjoining or proximate to the Land, which business operations may be in direct competition with the Leased Improvements and that any such exercise may adversely affect the operation of the Leased Improvements. [Signatures appear on the following page.]
Competing Facilities. A. Neither Manager nor any of its Affiliates shall open for business, or permit any other person to open for business, any Restricted Hotel within the Restricted Area during the period from the Effective Date to the fifth (5th) anniversary of the Effective Date.
Competing Facilities. Neither this Agreement nor anything implied by the relationship between Manager and Tenant shall prohibit any of the Marriott Companies from constructing, operating, promoting, and/or authorizing others to construct, operate, or promote one or more Other Marriott Products, or any other lodging concepts, Vacation Club Products, residential units, restaurants, or other business operations of any type, at any location, including a location proximate to the Sites. Tenant acknowledges, accepts and agrees further that the Marriott Companies retain the right, from time to time, to construct or operate, or both, or promote or acquire, or authorize or otherwise license others to construct or operate, or both, or promote or acquire any hotels, lodging concepts or products, Vacation Club Products, restaurants or other business operations of any type whatsoever, including, but not by way of limitation, those listed above, at any location including one or more sites that may be adjacent, adjoining or proximate to the Sites, which business operations may be in direct competition with the Hotels and that any such exercise may adversely affect the operation of the Hotels.
Competing Facilities. 39 11.21 Expert Decisions..................................................40 11.22 Restrictions On Operating the Inn in Accordance With System Standards......................................................40 11.23 Waiver of Jury Trial and Consequential and Punitive Damages.......41 11.24 Counterparts......................................................41 11.25
Competing Facilities. 72 EXHIBITS A - Minimum Rent B - Other Leases C - The Land D - Property Expenses E - Proforma Revenue LEASE AGREEMENT THIS LEASE AGREEMENT is entered into as of this 18th day of August, 2000, by and between CNL HOSPITALITY PARTNERS, LP, a Delaware limited partnership, as landlord ("Landlord"), and CCCL LEASING LLC, a Delaware limited liability company, as tenant ("Tenant").
Competing Facilities. The Concessioning Authority shall not operationalise any additional facility within Port Limits for handling dry bulk cargo either on its own or through any other Person until the earlier of (i) 5 (five) years from the Scheduled Project Completion Date; or (ii) the average annual volume of cargohandled at the Project Facilities and Services reaches a level of 70% of Project Capacity for 2 (two)consecutive years (“Exclusivity Period”). Provided, this restriction shall not apply to the additional facility envisaged below;
Competing Facilities. Subject to the parties' rights of termination set forth in Section 11.22, neither this Agreement nor anything implied by the relationship between Submanager and Primary Manager shall prohibit Submanager or any of the Marriott Companies from developing, constructing, operating, promoting, and/or authorizing others to develop, construct, operate, or promote one or more hotels, or any other lodging products, time-share facilities, restaurants, or other business operations of any type, using any brand name available to the Marriott Companies, at any location, including a location proximate to the Site, and Primary Manager hereby acknowledges and agrees that Submanager and any of the Marriott Companies have the unconditional right to engage in such activities.
Competing Facilities. 4 EXHIBITS
Competing Facilities. Except as set forth in Section 3.40 of the Partnership Disclosure Schedule, attached hereto, the Sellers are not aware of, or otherwise have any knowledge of, any ambulatory surgery center, specialty hospital, hospital or other facility that will provide ambulatory surgery center or outpatient surgical services within a 25 mile radius of the Ambulatory Surgical Center.
