Common use of Liens; Credit Clause in Contracts

Liens; Credit. Manager and Lessee shall use commercially reasonable efforts, Manager shall exercise its rights under the Submanagement Agreement to cause Marriott to use commercially reasonable efforts and Lessee shall exercise its rights under the Lease to cause Owner to use commercially reasonable efforts to prevent any liens from being filed against the Hotel which arise from any maintenance, repairs, alterations, improvements, renewals or replacements in or to the Hotel. Manager and Lessee shall cooperate fully, Manager shall exercise its rights under the Submanagement Agreement to cause Marriott to cooperate fully, and Lessee shall exercise its rights under the Lease to cause Owner to cooperate fully, as applicable) in obtaining the release of any such liens, and the cost thereof, if the lien was not occasioned by the fault of either party, shall be treated the same as the cost of the matter to which it relates. If the lien arises as a result of the fault of either party, then the party at fault shall bear the cost of obtaining the lien release. In no event shall either party borrow money in the name of or pledge the credit of the other.

Appears in 2 contracts

Samples: Management Agreement (Wyndham International Inc), Management Agreement (Interstate Hotels Management Inc)

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Liens; Credit. Submanager and Primary Manager and Lessee shall use commercially reasonable efforts, and Primary Manager shall exercise its rights under the Submanagement Primary Management Agreement to cause Marriott to use commercially reasonable efforts and Lessee shall exercise its rights under the Lease Wyndham (or to cause Owner Wyndham to cause Owner) to use commercially reasonable efforts to prevent any liens from being filed against the Hotel which arise from any maintenance, repairs, alterations, improvements, renewals or replacements in or to the Hotel. Submanager and Primary Manager and Lessee shall cooperate fully, and Primary Manager shall exercise its rights under the Submanagement Primary Management Agreement to cause Marriott Wyndham to cooperate fully, and Lessee shall exercise its rights under the Lease fully (or to cause Owner to cooperate fully, as applicable) in obtaining the release of any such liens, and the cost thereof, if the lien was not occasioned by the fault of either party, shall be treated the same as the cost of the matter to which it relates. If the lien arises as a result of the fault of either party, then the party at fault shall bear the cost of obtaining the lien release. In no event shall either party borrow money in the name of or pledge the credit of the other.

Appears in 2 contracts

Samples: Submanagement Agreement (Interstate Hotels Management Inc), Submanagement Agreement (Wyndham International Inc)

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