Landlord’s Notice Obligation. Landlord shall give prompt Notice to Tenant and the Manager of any materially adverse matters affecting the Leased Property of which Landlord receives written notice or actual, conscious, present knowledge, and, to the extent Tenant and/or Manager otherwise has no notice or actual knowledge thereof, Landlord shall be liable for any liabilities, costs, damages, or claims (including, without limitation, reasonable attorneys’ fees) arising from the failure to deliver such Notice to Tenant. As used in this Lease, “Landlord’s knowledge” or words of similar import shall mean the actual (and not constructive or imputed), conscious, present knowledge, without independent investigation or inquiry of Xxxxxxx X. Xxxx, Xxxxx Xxxxxxx, X.X. Xxxxxxx, Xxxxx Xxxxxxxx, Xxxxxxx Xxxx, and Xxxxxx Xxxxxxxx.
Appears in 4 contracts
Samples: Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (Extended Stay America, Inc.), Lease Agreement (ESH Hospitality LLC)
Landlord’s Notice Obligation. Landlord shall give prompt Notice to Tenant and the Manager of any materially adverse matters affecting the Leased Property of which Landlord receives written notice or actual, conscious, present knowledge, and, to the extent Tenant and/or Manager otherwise has no notice or actual knowledge thereof, Landlord shall be liable for any liabilities, costs, damages, or claims (including, without limitation, reasonable attorneys’ fees) arising from the failure to deliver such Notice to Tenant. As used in this Lease, “Landlord’s knowledge” or words of similar import shall mean the actual (and not constructive or imputed), conscious, present knowledge, without independent investigation or inquiry of Xxxxxxx Xxxxxxxxxxx X. Xxxx, Xxxxx Xxxxxxx, X.X. Xxxxxxx, or Xxxxx Xxxxxxxx, Xxxxxxx Xxxx, and Xxxxxx X. Xxxxxxxx.
Appears in 3 contracts
Samples: Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality, Inc.)
Landlord’s Notice Obligation. Landlord shall give prompt Notice to Tenant and the Manager Management Parties of any materially adverse matters affecting the Leased Property of which Landlord receives written notice or actual, conscious, present knowledge, and, to the extent Tenant and/or Manager the Management Parties otherwise has no notice or actual knowledge thereof, Landlord shall be liable for any liabilities, costs, damages, or claims (including, without limitation, reasonable attorneys’ fees) arising from the failure to deliver such Notice to Tenant. As used in this Lease, “Landlord’s knowledge” or words of similar import shall mean the actual (and not constructive or imputed), conscious, present knowledge, without independent investigation or inquiry of Xxxxxxx X. Xxxx, Xxxxx Xxxxxxx, X.X. Xxxxxxx, Xxxxx Xxxxxxxx, Xxxxxxx Xxxx, and Xxxxxx Xxxxxxxx.
Appears in 3 contracts
Samples: Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (ESH Hospitality LLC)