Common use of Fixtures and Tangible Personal Property Clause in Contracts

Fixtures and Tangible Personal Property. All fixtures, furniture, furnishings, fittings, equipment, cars, trucks, machinery, apparatus, signage, appliances, draperies, art work, carpeting, keys, and other articles of personal property now located on or about the Real Property and used or usable in connection with any part of the Hotel, subject to such depletions, resupplies, substitutions, and replacements as shall occur and be made in the normal course of business, excluding, however: (i) Consumables and Inventory; (ii) Operating Equipment; (iii) equipment subject to Equipment Leases; (iv) property owned or leased by Space Lessees, Manager, guests, employees, or other persons furnishing goods or services to the Hotel (other than Seller, unless denominated as an Excluded Asset); (v) Improvements; and (vi) Excluded Assets. Franchise Agreement: That certain Conversion License Agreement, dated as of December 14, 2012 by and between Seller and Franchisor, as amended.

Fixtures and Tangible Personal Property. All fixtures, furniture, furnishings, fittings, equipment, cars, trucks, machinery, apparatus, signage, appliances, draperies, art work, carpeting, keys, and other articles of personal property now located on or about the Real Property and used or usable in connection with any part of the Hotel, subject to such depletions, resupplies, substitutions, and replacements as shall occur and be made in the normal course of business, excluding, however: (i) Consumables and Inventory; (ii) Operating Equipment; (iiiii) equipment subject to Equipment Leases; (iv) property owned or leased by Space Lessees, Manager, guests, employees, or other persons furnishing goods or services to the Hotel (other than Seller, unless denominated as an Excluded Asset); (v) Improvements; and (vi) Excluded Assets. Franchise Agreement: That certain Conversion Franchise License Agreement, dated as of December 14August 1, 2012 2011 by and between Seller and Franchisor, as amended. Franchisor: Westin Hotel Management, L.P., a Delaware limited partnership.

Fixtures and Tangible Personal Property. All fixtures, furniture, furnishings, fittings, equipment, cars, trucks, machinery, apparatus, signage, appliances, draperies, art work, carpeting, keys, and other articles of personal property now located on or about the Real Property and used or usable in connection with any part of the Hotel, subject to such depletions, resupplies, substitutions, and replacements as shall occur and be made in the normal course of business, excluding, however: (i) Consumables and Inventory; (ii) Operating Equipment; (iii) equipment subject to Equipment Leases; (iv) property owned or leased by Space Lessees, Manager, guests, employees, or other persons furnishing goods or services to the Hotel (other than Seller, unless denominated as an Excluded Asset); (v) Improvements; and (vi) Excluded Assets. Franchise Agreement: That certain Conversion License Franchise Agreement, dated as of December 14July 21, 2012 2011 by and between Seller and Franchisor, as amended.. Franchisor: Marriott International, Inc., a Delaware corporation. GAAP: Shall have the meaning given to it in Section 4.10. ACTIVE/85506504.17 LEGAL_US_W # 85494519.11