Common use of Multi-Property Exception Clause in Contracts

Multi-Property Exception. Notwithstanding anything to ------------------------ the contrary contained herein, if Seller at any time (including during the Restricted Period), (i) has the opportunity to own, lease, acquire, construct or manage five (5) or more Full Service Hotels (other than the Hotel and the hotels subject to the Other Agreements or the Group Two Sale Agreement) as a result of a single transaction and (ii) twenty-five percent (25%) or less of such Full Service Hotels would violate the restrictions set forth in Section 13.2 above, ------------ then Seller, in its sole discretion, may own, lease, acquire, construct or manage such Full Service Hotels, which Full Service Hotels shall not be subject to the provisions of Section 13.2 and there shall be no default of this ------------ Agreement by reason of Seller owning, leasing, acquiring, developing or managing such Full Service Hotels.

Multi-Property Exception. Notwithstanding anything ------------------------ to ------------------------ the contrary contained herein, if Seller at any time (including during the Restricted Period), (i) has the opportunity to own, lease, acquire, construct or manage five (5) or more Full Service Hotels (other than the Hotel and the hotels subject to the Other Agreements or the Group Two Sale Agreement) as a result of a single transaction and (ii) twenty-five percent (25%) or less of such Full Service Hotels would violate the restrictions set forth in Section 13.2 above, ------------ then Seller, in its sole discretion, may own, lease, acquire, construct or manage such Full Service Hotels, which Full Service Hotels shall not be subject to the provisions of Section 13.2 and there shall be no default of this ------------ Agreement by reason of Seller owning, leasing, acquiring, developing or managing such Full Service Hotels.