Common use of Liens; Credit Clause in Contracts

Liens; Credit. Submanager and Primary Manager shall use commercially reasonable efforts, and Primary Manager shall exercise its rights under the Primary Management Agreement to cause Wyndham (or to cause 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 shall cooperate fully, and Primary Manager shall exercise its rights under the Primary Management Agreement to cause Wyndham to cooperate 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 (Wyndham International Inc), Submanagement Agreement (Interstate Hotels Management Inc)

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Liens; Credit. Submanager Manager and Primary Manager Lessee shall use commercially reasonable efforts, and Primary Manager shall exercise its rights under the Primary Management Submanagement Agreement to cause Wyndham (or Marriott to use commercially reasonable efforts and Lessee shall exercise its rights under the Lease to cause Wyndham to cause Owner) 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 Manager and Primary Manager Lessee shall cooperate fully, and Primary Manager shall exercise its rights under the Primary Management Submanagement Agreement to cause Wyndham Marriott to cooperate fully (or 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 (Interstate Hotels Management Inc), Management Agreement (Wyndham International Inc)

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