Common use of Exceptions to Liquidated Damages Clause in Contracts

Exceptions to Liquidated Damages. 48 EXHIBITS* Exhibit B Legal Description of the Premises Exhibit D Franchise Agreement Exhibit E-1 Form of Franchisor Comfort Letter in favor of Purchaser Exhibit E-2 Form of Franchisor Comfort Letter in favor of Mortgagee Exhibit H Form of Operating Lease Exhibit I List of Personal Property and Equipment Subject to UCC Financing Statements Exhibit K List of Space Leases and Security Deposits Exhibit L Form of Subordination, Non-Disturbance and Attornment Agreement Exhibit O Form of Representation Letter in favor of Accountants Exhibit R Form of Xxxx of Sale and Assignment Agreement Exhibit S Form of Assignment and Assumption of Space Leases Exhibit T List of Leased FF&E Exhibit U List of Employment Agreements and Union Contracts ------------------ * The following Exhibits have been deemed non-material for investment purposes however, a copy of any Exhibit will be furnished to the Securities and Exchange Commission upon request.

Exceptions to Liquidated Damages. 48 50 EXHIBITS* Exhibit B Legal Description of the Premises Property Exhibit D Franchise Agreement Exhibit E-1 Form of Franchisor Comfort Letter in favor of Purchaser Exhibit E-2 Form of Franchisor Comfort Letter in favor of Mortgagee Exhibit H Form of Operating Lease Exhibit I List of Personal Property and Equipment Subject to UCC Financing Statements Exhibit K List of Space Leases Lease and Security Deposits Exhibit L Form of Subordination, Non-Disturbance and Attornment Agreement Exhibit O Form of Representation Letter in favor of Accountants Exhibit R Form of Xxxx of Sale and Assignment Agreement Exhibit S Form of Assignment and Assumption of Space Leases Exhibit T List of Leased FF&E Exhibit U List of Employment Agreements and Union Contracts ------------------ ------------------------------ * The following Exhibits have been deemed non-material for investment purposes however, a copy of any Exhibit will be furnished to the Securities and Exchange Commission upon request.

Exceptions to Liquidated Damages. 48 50 EXHIBITS* Exhibit B Legal Description of the Premises Property Exhibit D Franchise Agreement Exhibit E-1 Form of Franchisor Comfort Letter in favor of Purchaser Exhibit E-2 Form of Franchisor Comfort Letter in favor of Mortgagee Exhibit H Form of Operating Lease Exhibit I List of Personal Property and Equipment Subject to UCC Financing Statements Exhibit K List of Space Leases Lease and Security Deposits Exhibit L Form of Subordination, Non-Disturbance and Attornment Agreement Exhibit O Form of Representation Letter in favor of Accountants Exhibit R Form of Xxxx of Sale and Assignment Agreement Exhibit S Form of Assignment and Assumption of Space Leases Exhibit T List of Leased FF&E Exhibit U List of Employment Agreements and Union Contracts ------------------ ------------------------------- * The following Exhibits have been deemed non-material for investment purposes however, a copy of any Exhibit will be furnished to the Securities and Exchange Commission upon request.

Exceptions to Liquidated Damages. 48 EXHIBITS* Exhibit B Legal Description of the Premises Exhibit D Franchise Agreement Exhibit E-1 Form of Franchisor Comfort Letter in favor of Purchaser Exhibit E-2 Form of Franchisor Comfort Letter in favor of Mortgagee Exhibit H Form of Operating Lease Exhibit I List of Personal Property and Equipment Subject to UCC Financing Statements Exhibit K List of Space Leases and Security Deposits Exhibit L Form of Subordination, Non-Disturbance and Attornment Agreement Exhibit O Form of Representation Letter in favor of Accountants Exhibit R Form of Xxxx of Sale and Assignment Agreement Exhibit S Form of Assignment and Assumption of Space Leases Exhibit T List of Leased FF&E Exhibit U List of Employment Agreements and Union Contracts ------------------ * The following Exhibits have been deemed non-material for investment purposes however, a copy of any Exhibit will be furnished to the Securities and Exchange Commission upon request.

Exceptions to Liquidated Damages. 48 55 (iv) EXHIBITS* Exhibit B Legal Description of the Premises Property Exhibit C Form of Exchange Rights Agreement Exhibit D Franchise Agreement Exhibit E-1 Form of Franchisor Comfort Letter in favor of Purchaser Exhibit E-2 Form of Franchisor Comfort Letter in favor of Mortgagee Exhibit G Form of Lock-Up Agreement Exhibit H Form of Operating Lease Exhibit I List of Personal Property and Equipment Subject to UCC Financing Statements Exhibit J Form of Registration Rights Agreement Exhibit K List of Space Leases Lease and Security Deposits Exhibit L Form of Subordination, Non-Disturbance and Attornment Agreement Exhibit O Form of Representation Letter in favor of to Accountants Exhibit R Form of Xxxx of Sale and Assignment Agreement Exhibit S Form of Assignment and Assumption of Space Leases Exhibit T List of Leased FF&E Exhibit U List of Employment Agreements and Union Contracts ------------------ Exhibit V Exclusions to Representations Regarding Compliance with Applicable Laws Exhibit W Form of Assignment and Assumption of Contracts (from Seller to Operating Lessee) Exhibit X Environmental Report -------------------- * The following Exhibits have been deemed non-material for investment purposes however, a copy of any Exhibit will be furnished to the Securities and Exchange Commission upon request.

Exceptions to Liquidated Damages. 48 49 EXHIBITS* Exhibit B Legal Description of the Premises Exhibit D Franchise Agreement Exhibit E-1 Form of Franchisor Comfort Letter in favor of Purchaser Exhibit E-2 Form of Franchisor Comfort Letter in favor of Mortgagee Exhibit H Form of Operating Lease Exhibit I List of Personal Property and Equipment Subject to UCC Financing Statements Exhibit K List of Space Leases and Security Deposits Exhibit L Form of Subordination, Non-Disturbance and Attornment Agreement Exhibit O Form of Representation Letter in favor of Accountants Exhibit R Form of Xxxx of Sale and Assignment Agreement Exhibit S Form of Assignment and Assumption of Space Leases Exhibit T List of Leased FF&E Exhibit U List of Employment Agreements and Union Contracts ------------------ ---------------- * The following Exhibits have been deemed non-material for investment purposes however, a copy of any Exhibit will be furnished to the Securities and Exchange Commission upon request.