Common use of Hotel Operations Clause in Contracts

Hotel Operations. Lessee covenants to operate the Facility as a "full service hotel". A full service hotel is a hotel that operates a restaurant and meeting facilities and may have some or all of the following: conference facilities, banquet space, lounge areas, gift shops, recreational facilities (including swimming pool), and guest services (including room service, valet service and laundry). If, during the Term, Lessee desires to provide food and beverage operations at the Facility (other than those that are presently provided at the Facility and complimentary continental breakfast) or to discontinue any such operations which are presently provided (any such action, a "Change in Operations"), Lessee shall give notice of such desire to Lessor. Lessor and Lessee shall then commence negotiations to adjust Rent to reflect the proposed change to the operation of the Facility, each acting reasonably and in good faith. All other terms of this Lease will remain substantially the same. During negotiations, which shall not extend beyond 60 days, Lessee shall not implement the proposed Change in Operations and shall continue fulfilling its obligations under the existing terms of this Lease. If no agreement is reached after such 60-day period, (i) if Lessee in its reasonable judgment believes the failure to accomplish the proposed Change in Operations will have an adverse economic impact on Lessee's operation of the Facility, Lessee may submit the adjustment to Rent to arbitration in accordance with Section 40.1, otherwise, (ii) Lessee shall withdraw such notice and shall not be entitled to implement the proposed Change in Operations, and this Lease shall continue in full force. Lessee further covenants and agrees that, without Lessor's consent (which consent shall not be unreasonably withheld), Lessee will not voluntarily terminate any management agreement with Manager by agreement with Manager or pursuant to a right therein to so terminate.

Hotel Operations. (a) Lessee covenants to operate the Facility as a "full service hotel". A full service hotel is a hotel that operates a restaurant and meeting facilities and may have some or all of the following: conference facilities, banquet space, lounge areas, gift shops, recreational facilities (including swimming pool), and guest services (including room service, valet service and laundry). If, during the Term, Lessee desires to provide food and beverage operations at the Facility (other than those that are presently provided at the Facility and complimentary continental breakfast) or to discontinue any such operations which are presently provided (any such action, a "Change in Operations"), Lessee shall give notice of such desire to Lessor. Lessor and Lessee shall then commence negotiations to adjust Rent to reflect the proposed change to the operation of the Facility, each acting reasonably and in good faith. All other terms of this Lease will remain substantially the same. During negotiations, which shall not extend beyond 60 days, Lessee shall not implement the proposed Change in Operations and shall continue fulfilling its obligations under the existing terms of this Lease. If no agreement is reached after such 60-day period, (i) if Lessee in its reasonable judgment believes the failure to accomplish the proposed Change in Operations will have an adverse economic impact on Lessee's operation of the Facility, Lessee may submit the adjustment to Rent to arbitration in accordance with Section 40.1, otherwise, (ii) Lessee shall withdraw such notice and shall not be entitled to implement the proposed Change in Operations, and this Lease shall continue in full force. Lessee further covenants and agrees thatthat at all times during the Term of this Lease when Manager is managing the Leased Property, Manager shall manage the Leased Property without compensation (except for reimbursement of its actual out-of-pocket expenses incurred on behalf of Lessee), and that Lessee shall not *** [All Leases except Crowne Plaza Las Vegas enter into any management agreement or other similar agreement]*** ***[Crowne Plaza Las Vegas Lease only voluntarily terminate the Management Agreement with Manager or terminate such agreement pursuant to a right to terminate therein, subject to Section 36.1 hereof]*** or otherwise engage any Person or Affiliate to act as manager of the Leased Property, without Lessor's consent (which consent prior written consent. Lessee hereby agrees that Lessee shall not be unreasonably withheld), Lessee will not voluntarily have the right to terminate any management agreement with Manager by agreement with Manager or manager of the Leased Property, including Manager, during the Term of this Lease without Lessor's prior written consent. (b) Notwithstanding anything to the contrary contained herein, no adjustment of Rent pursuant to a right therein Change in Operations described above shall be implemented without the receipt by Lessor of an opinion from its tax counsel, satisfactory to so terminateLessor in form and substance, that such adjustment will not adversely affect the Company's ability to qualify as a real estate investment trust under the applicable provisions of the Code.

Hotel Operations. (a) Lessee covenants to operate the Facility as a "full service hotel". A full service hotel is a hotel that operates a restaurant and meeting facilities and may have some or all of the following: conference facilities, banquet space, lounge areas, gift shops, recreational facilities (including swimming pool), and guest services (including room service, valet service and laundry). If, during the Term, Lessee desires to provide food and beverage operations at the Facility (other than those that are presently provided at the Facility and complimentary continental breakfast) or to discontinue any such operations which are presently provided (any such action, a "Change in Operations"), Lessee shall give notice of such desire to Lessor. Lessor and Lessee shall then commence negotiations to adjust Rent to reflect the proposed change to the operation of the Facility, each acting reasonably and in good faith. All other terms of this Lease will remain substantially the same. During negotiations, which shall not extend beyond 60 days, Lessee shall not implement the proposed Change in Operations and shall continue fulfilling its obligations under the existing terms of this Lease. If no agreement is reached after such 60-day period, (i) if Lessee in its reasonable judgment believes the failure to accomplish the proposed Change in Operations will have an adverse economic impact on Lessee's operation of the Facility, Lessee may submit the adjustment to Rent to arbitration in accordance with Section 40.1, otherwise, (ii) Lessee shall withdraw such notice and shall not be entitled to implement the proposed Change in Operations, and this Lease shall continue in full force. Lessee further covenants and agrees thatthat at all times during the Term of this Lease when Manager is managing the Leased Property, Manager shall manage the Leased Property without compensation (except for reimbursement of its actual out-of-pocket expenses incurred on behalf of Lessee), and that Lessee shall not ***[ALL LEASES EXCEPT CROWNE PLAZA LAS VEGAS enter into any management agreement or other similar agreement]*** ***[CROWNE PLAZA LAS VEGAS LEASE ONLY voluntarily terminate the Management Agreement with Manager or terminate such agreement pursuant to a right to terminate therein, subject to Section 36.1 hereof]*** or otherwise engage any Person or Affiliate to act as manager of the Leased Property, without Lessor's consent (which consent prior written consent. Lessee hereby agrees that Lessee shall not be unreasonably withheld), Lessee will not voluntarily have the right to terminate any management agreement with Manager by agreement with Manager or manager of the Leased Property, including Manager, during the Term of this Lease without Lessor's prior written consent. (b) Notwithstanding anything to the contrary contained herein, no adjustment of Rent pursuant to a right therein Change in Operations described above shall be implemented without the receipt by Lessor of an opinion from its tax counsel, satisfactory to so terminateLessor in form and substance, that such adjustment will not adversely affect the Company's ability to qualify as a real estate investment trust under the applicable provisions of the Code.