Franchisee Default. If Franchisor declares Franchisee to be in default under the Franchise Agreement, Franchisor may enforce the Franchise Agreement directly against Owner as if Owner were the Franchisee under the Franchise Agreement, and Owner and shall perform, or cause to be performed, the provisions of the Franchise Agreement including, without limitation, Section III on fees, Section VI on operation of the Hotel, Section XIV on insurance and Section XXI on indemnification.
Appears in 5 contracts
Samples: Franchise Agreement, Relicensing Franchise Agreement (Apple REIT Eight, Inc.), Relicensing Franchise Agreement (Apple REIT Eight, Inc.)
Franchisee Default. If Franchisor declares Franchisee to be in default under the Franchise Agreement, Franchisor may (after providing the notice and applicable cure period, if any, required in Section 1 above) enforce the Franchise Agreement directly against Owner as if Owner were the Franchisee under the Franchise Agreement, and Owner and shall will perform, or cause to be performed, the provisions of the Franchise Agreement including, without limitation, Section III 3 on fees, Section VI 9 on operation operations of the Hotel, Section XIV 11.2 on insurance the Reserve, and Section XXI 16 on indemnificationindemnification and insurance.
Appears in 2 contracts
Samples: Relicensing Franchise Agreement (Apple REIT Ten, Inc.), Relicensing Franchise Agreement (Apple REIT Ten, Inc.)
Franchisee Default. If Franchisor declares Franchisee to be in default beyond all applicable notice and cure periods under the Franchise Agreement, Franchisor may enforce the Franchise Agreement directly against Owner as if Owner were the Franchisee under the Franchise Agreement, and Owner and shall will perform, or cause to be performed, the provisions of the Franchise Agreement including, without limitation, Section III 3 on fees, Section VI 9 on operation operations of the Hotel, Section XIV on insurance and Section XXI 16 on indemnificationindemnification and insurance.
Appears in 2 contracts
Samples: Franchise Agreement (American Realty Capital Hospitality Trust, Inc.), Franchise Agreement (American Realty Capital Hospitality Trust, Inc.)
Franchisee Default. If Franchisor declares Franchisee to be in default under the Franchise Agreement, Franchisor may enforce the Franchise Agreement directly against Owner as if Owner were the Franchisee under the Franchise Agreement, and Owner and shall perform, or cause to be performed, the provisions of the Franchise Agreement including, without limitation, Section III on fees, . Section VI on operation of the Hotel, . Section XIV on insurance and Section XXI on indemnification.
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