Common use of Improvements Etc Clause in Contracts

Improvements Etc. 6.1 Improvements to the Leased Property. Prior to commencing construction of any Capital Addition constituting additions or modifications to any structural elements of the Hotel, the cost of which is reasonably estimated to exceed $250,000 (as adjusted as provided below) (other than any Capital Addition which is reasonably required to be made immediately in order to prevent imminent damage or danger to person or property), Tenant shall submit to Landlord, in writing, a proposal setting forth, in reasonable detail, any such proposed improvement and cost estimate therefor and shall provide to Landlord such plans and specifications, and such permits, licenses, contracts and such other information concerning the same as Landlord may reasonably request. Landlord shall have twenty (20) Business Days to review all materials submitted to Landlord in connection with any such proposal. Failure of Landlord to respond to Tenant's proposal within twenty (20) Business Days after receipt of all information and materials requested by Landlord in connection with the proposed improvement shall be deemed to constitute approval of the same. Landlord's approval shall not be withheld as to any such Capital Addition that is required to comply with the Franchise Agreement. In the event that any dispute shall arise with respect to Landlord's withholding of its approval pursuant to this Section 6.1, such dispute shall be resolved in accordance with the applicable provisions of Article 19. No Capital Addition shall be made which would tie in or connect any Leased Improvement with any other improvements on property adjacent to the Leased Property (and not part of the Land) including, without limitation, tie-ins of buildings or other structures or utilities. Tenant shall not finance the cost of any construction of such improvement by the granting of a lien on or security interest in the Leased Property or such improvement, or Tenant's interest therein, without the prior written consent of Landlord, which consent may be withheld by Landlord in Landlord's sole discretion. Any such improvements shall, upon the expiration or sooner termination of this Agreement, remain or pass to and become the property of Landlord, free and clear of all encumbrances other than Permitted Encumbrances. The $250,000 limit referred to above shall be increased from time to time to an amount equal to $250,000 multiplied by a fraction, the denominator of which shall be the Index for the nearest month prior to the Commencement Date and the numerator of which shall be the Index for the nearest month for which the Index is available prior to the first day of the Accounting Period in which such determination is being made. 6.2 Salvage. Other than Tenant's Personal Property, all materials which are scrapped or removed in connection with the making of either Capital Additions or non-Capital Additions or repairs pursuant to Articles 5 or 6 shall be disposed of by Tenant and the net proceeds thereof, if any, shall be deposited in the Reserve.

Improvements Etc. 6.1 Improvements to the Leased Property. Tenant shall not make, construct ----------------------------------- or install any Capital Additions (other than Capital Additions of the type described in Section 5.1.2(a)(ii) or 5.1.2(a)(iii) and approved pursuant to -------------------- ------------- Section 5.1.2(c)) without, in each instance, obtaining Landlord's prior written ---------------- consent, which consent shall not be unreasonably withheld, delayed or conditioned provided that (a) construction or installation of the same would not adversely affect or violate any material Legal Requirement or Insurance Requirement applicable to the Leased Property and (b) Landlord shall have received an Officer's Certificate certifying as to the satisfaction of the conditions set out in clause (a) above; provided, however, that, no such consent -------- ------- shall be required in the event immediate action is required to prevent imminent harm to person or property. Prior to commencing construction of any Capital Addition constituting additions or modifications to any structural elements of the Hotel, the cost of which is reasonably estimated to exceed $250,000 (as adjusted as provided below) (other than any Capital Addition which is reasonably required to be made immediately in order to prevent imminent damage or danger to person or property)Addition, Tenant shall submit to Landlord, in writing, a proposal setting forth, in reasonable detail, any such proposed improvement and cost estimate therefor and shall provide to Landlord such plans and specifications, and such permits, licenses, contracts and such other information concerning the same as Landlord may reasonably request. Landlord shall have twenty (20) Business Days to review all materials submitted to Landlord in connection with any such proposal. Failure of Landlord to respond to Tenant's proposal within twenty (20) such 20 Business Days after receipt of all information and materials requested by Landlord in connection with the proposed improvement Day period shall be deemed to constitute approval thereof. Without limiting the generality of the same. Landlord's approval shall not be withheld as to any such Capital Addition that is required to comply with the Franchise Agreement. In the event that any dispute shall arise with respect to Landlord's withholding of its approval pursuant to this Section 6.1foregoing, such dispute proposal shall indicate the approximate projected cost of constructing such proposed improvement and the use or uses to which it will be resolved in accordance with the applicable provisions of Article 19put. No Capital Addition shall be made which would tie in or connect any Leased Improvement Improvements with any other improvements on property adjacent to the Leased Property (and not part of the Land) including, without limitation, tie-ins of buildings or other structures or utilities. Except as permitted herein, Tenant shall not finance the cost of any construction of such improvement by the granting of a lien on or security interest in the Leased Property or such improvement, or Tenant's interest therein, without the prior written consent of Landlord, which consent may be withheld by Landlord in Landlord's sole discretion. Any such improvements shall, upon the expiration or sooner termination of this Agreement, remain or pass to and become the property of Landlord, free and clear of all encumbrances other than Permitted Encumbrances. The $250,000 limit referred to above shall be increased from time to time to an amount equal to $250,000 multiplied by a fraction, the denominator of which shall be the Index for the nearest month prior to the Commencement Date and the numerator of which shall be the Index for the nearest month for which the Index is available prior to the first day of the Accounting Period in which such determination is being made. 6.2 Salvage. Other than Tenant's Personal Property, all materials which are scrapped or removed in connection with the making of either Capital Additions or non-Capital Additions or repairs pursuant to Articles 5 or 6 shall be disposed of by Tenant and the net proceeds thereof, if any, shall be deposited in the Reserve.

Improvements Etc. 6.1 Improvements to the Leased Property. Tenant shall not make, construct ----------------------------------- or install (and shall direct the Manager not to construct or install) any Capital Additions (other than Capital Additions of the type described in Section ------- 5.1.2(a)(ii) and approved pursuant to Section 5.1.2(c)) without, in each ------------ ---------------- instance, obtaining Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned provided that (a) construction or installation of the same would not adversely affect or violate any Legal Requirement or Insurance Requirement applicable to the Leased Property and (b) Landlord shall have received an Officer's Certificate certifying as to the satisfaction of the conditions set out in clause (a) above; provided, however, -------- ------- that no such consent shall be required in the event immediate action is required to prevent imminent danger to person or property. Prior to commencing construction of any Capital Addition constituting additions or modifications to any structural elements of the Hotel, the cost of which is reasonably estimated to exceed $250,000 (as adjusted as provided below) (other than any Capital Addition which is reasonably required to be made immediately in order to prevent imminent damage or danger to person or property)Addition, Tenant shall submit submit, or shall direct the Manager to submit, to Landlord, in writing, a proposal setting forth, in reasonable detail, any such proposed improvement and cost estimate therefor and shall provide to Landlord such plans and specifications, and such permits, licenses, contracts and such other information concerning the same as Landlord may reasonably request. Landlord shall have twenty thirty (2030) Business Days days to review all materials submitted to Landlord in connection with any such proposal. Failure of Landlord to respond to Tenant's or the Manager's proposal within twenty thirty (2030) Business Days days after receipt of all information and materials requested by Landlord in connection with the proposed improvement shall be deemed to constitute approval of the same. Landlord's approval shall not be withheld as to any such Capital Addition that is required to comply with Without limiting the Franchise Agreement. In generality of the event that any dispute shall arise with respect to Landlord's withholding of its approval pursuant to this Section 6.1foregoing, such dispute proposal shall indicate the approximate projected cost of constructing such proposed improvement and the use or uses to which it will be resolved in accordance with the applicable provisions of Article 19put. No Capital Addition shall be made which would tie in or connect any Leased Improvement with any other improvements on property adjacent to the Leased Property (and not part of the Land) including, without limitation, tie-ins of buildings or other structures or utilities. Tenant shall not finance finance, and shall direct the Manager not to finance, the cost of any construction of such improvement by the granting of a lien on or security interest in the Leased Property or such improvement, or Tenant's interest therein, without the prior written consent of Landlord, which consent may be withheld by Landlord in Landlord's sole discretion. Any such improvements shall, upon the expiration or sooner termination of this Agreement, remain or pass to and become the property of Landlord, free and clear of all encumbrances other than Permitted Encumbrances. The $250,000 limit referred to above shall be increased from time to time to an amount equal to $250,000 multiplied by a fraction, the denominator of which shall be the Index for the nearest month prior to the Commencement Date and the numerator of which shall be the Index for the nearest month for which the Index is available prior to the first day of the Accounting Period in which such determination is being made. 6.2 Salvage. Other than Tenant's Personal Property, all materials which are scrapped or removed in connection with the making of either Capital Additions or non-Capital Additions or repairs pursuant to Articles 5 or 6 shall be disposed of by Tenant and the net proceeds thereof, if any, shall be deposited in the Reserve.

Improvements Etc. 6.1 Improvements to the Leased Property. Prior to commencing construction of any Capital Addition constituting additions or modifications to any structural elements of the Hotel, the cost of which is reasonably estimated to exceed [For CY, RI and TP: $250,000 250,000] [For FS: $1,000,000] (as adjusted as provided below) (other than any Capital Addition which is reasonably required to be made immediately in order to prevent imminent damage or danger to person or property), Tenant shall submit to Landlord, in writing, a proposal setting forth, in reasonable detail, any such proposed improvement and cost estimate therefor and shall provide to Landlord such plans and specifications, and such permits, licenses, contracts and such other information concerning the same as Landlord may reasonably request. Landlord shall have twenty (20) Business Days to review all materials submitted to Landlord in connection with any such proposal. Failure of Landlord to respond to Tenant's proposal within twenty (20) Business Days after receipt of all information and materials requested by Landlord in connection with the proposed improvement shall be deemed to constitute approval of the same. Landlord's approval shall not be withheld as to any such Capital Addition that is required to comply with the Franchise Agreement. In the event that any dispute shall arise with respect to Landlord's withholding of its approval pursuant to this Section 6.1, such dispute shall be resolved in accordance with the applicable provisions of Article 19. No Capital Addition Addi tion shall be made which would tie in or connect any Leased Improvement with any other improvements on property adjacent to the Leased Property (and not part of the Land) including, without limitation, tie-ins of buildings or other structures or utilities (other than connections to public utilities). Tenant shall not finance the cost of any construction of such improvement by the granting of a lien on or security interest in the Leased Property or such improvement, or Tenant's interest therein, without the prior written consent of Landlord, which consent may be withheld by Landlord in Landlord's sole discretion. Any such improvements shall, upon the expiration or sooner termination of this Agreement, remain or pass to and become the property of Landlord, free and clear of all encumbrances other than Permitted Encumbrances. The $250,000 limit referred to above shall be increased from time to time to an amount equal to $250,000 multiplied by a fraction, the denominator of which shall be the Index for the nearest month prior to the Commencement Date and the numerator of which shall be the Index for the nearest month for which the Index is available prior to the first day of the Accounting Period in which such determination is being made. 6.2 Salvage. Other than Tenant's Personal Property, all materials which are scrapped or removed in connection with the making of either Capital Additions or non-Capital Additions or repairs pursuant to Articles 5 or 6 shall be disposed of by Tenant and the net proceeds thereof, if any, shall be deposited in the Reserve.Permitted

Improvements Etc. 6.1 Improvements to the Leased Property. Tenant shall not make, construct ----------------------------------- or install (and shall direct the Manager not to construct or install) any Capital Additions without, in each instance, obtaining Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned provided that (a) construction or installation of the same would not adversely affect or violate any Legal Requirement or Insurance Requirement applicable to the Leased Property and (b) Landlord shall have received an Officer's Certificate certifying as to the satisfaction of the conditions set out in clause (a) above; provided, however, that no such consent shall be -------- ------- required in the event immediate action is required to prevent imminent danger to person or property. Prior to commencing construction of any Capital Addition constituting additions or modifications to any structural elements of the Hotel, the cost of which is reasonably estimated to exceed $250,000 (as adjusted as provided below) (other than any Capital Addition which is reasonably required to be made immediately in order to prevent imminent damage or danger to person or property)Addition, Tenant shall submit submit, or shall direct the Manager to submit, to Landlord, in writing, a proposal setting forth, in reasonable detail, any such proposed improvement and cost estimate therefor and shall provide to Landlord such plans and specifications, and such permits, licenses, contracts and such other information concerning the same as Landlord may reasonably request. Landlord shall have twenty thirty (2030) Business Days days to review all materials submitted to Landlord in connection with any such proposal. Failure of Landlord to respond to Tenant's or the Manager's proposal within twenty thirty (2030) Business Days days after receipt of all information and materials requested by Landlord in connection with the proposed improvement shall be deemed to constitute approval of the same. Landlord's approval shall not be withheld as to any such Capital Addition that is required to comply with Without limiting the Franchise Agreement. In generality of the event that any dispute shall arise with respect to Landlord's withholding of its approval pursuant to this Section 6.1foregoing, such dispute proposal shall indicate the approximate projected cost of constructing such proposed improvement and the use or uses to which it will be resolved in accordance with the applicable provisions of Article 19put. No Capital Addition shall be made which would tie in or connect any Leased Improvement with any other improvements on property adjacent to the Leased Property (and not part of the Land) including, without limitation, tie-ins of buildings or other structures or utilities. Tenant shall not finance finance, and shall direct the Manager not to finance, the cost of any construction of such improvement by the granting of a lien on or security interest in the Leased Property or such improvement, or Tenant's interest therein, without the prior written consent of Landlord, which consent may be withheld by Landlord in Landlord's sole discretion. Any such improvements shall, upon the expiration or sooner termination of this Agreement, remain or pass to and become the property of Landlord, free and clear of all encumbrances other than Permitted Encumbrances. The $250,000 limit referred to above shall be increased from time to time to an amount equal to $250,000 multiplied by a fraction, the denominator of which shall be the Index for the nearest month prior to the Commencement Date and the numerator of which shall be the Index for the nearest month for which the Index is available prior to the first day of the Accounting Period in which such determination is being made. 6.2 Salvage. Other than Tenant's Personal Property, all materials which are scrapped or removed in connection with the making of either Capital Additions or non-Capital Additions or repairs pursuant to Articles 5 or 6 shall be disposed of by Tenant and the net proceeds thereof, if any, shall be deposited in the Reserve.