No Covenants, Conditions or Restrictions. A. Manager acknowledges and agrees with Owner, and represents and warrants to Owner, that, as of the Effective Date, to the best of Manager’s knowledge, there are no covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements (individually or collectively referred to as “CC&R(s)”) affecting the Hotel, other than those disclosed on Owner’s title insurance commitment which: (i) would prohibit or limit Manager from operating the Hotel in accordance with the System Standards; (ii) would allow the Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the Hotel; (iii) would allow the Hotel facilities to be used for specified charges or rates which have not been approved by Manager; (iv) would subject the Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise; or (v) would impose any financial obligations on Owner or the Landlord or on the Hotel.
No Covenants, Conditions or Restrictions. A. Tenant represents and warrants that, with respect to each Hotel and as of the Effective Date, there are not, and covenants that during the Term of this Agreement Tenant shall not enter into (unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed), any covenants, conditions or restrictions, including reciprocal easement agreements, common area assessments or cost-sharing arrangements (collectively referred to as “Future CC&Rs”) affecting any Site or Hotel that would (i) prohibit or limit Manager from operating such Hotel in accordance with System Standards, including related amenities of such Hotel; (ii) allow such Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of such Hotel; (iii) allow the Hotel facilities to be used for specified charges or rates that have not been approved by Manager; or (iv) subject the Hotel to exclusive arrangements regarding food and beverage operation, retail merchandise or any other operations or part of the Hotel. With respect to each Hotel, Manager hereby consents to (a) any easements, covenants, conditions or restrictions, including without limitation any reciprocal easement agreements or cost-sharing agreements, existing as of the date Landlord acquired title to such Hotel, and (b) any of the foregoing items with respect to such Hotel existing as of the Effective Date and of which Manager has knowledge (all of the foregoing, collectively, the “Existing CC&Rs”).
No Covenants, Conditions or Restrictions. (a) Landlord covenants that after the Initial Commencement Date and during the Term, there will not be (unless Tenant has given its prior consent thereto) any covenants, conditions, or restrictions, including, without limitation, reciprocal easement agreements or cost-sharing arrangements (individually or collectively referred to as “CC&R(s)”) affecting the Leased Property (i) which would prohibit Manager’s operation of the Hotels in accordance with the terms of this Lease and the Management Agreement, including, without limitation, related amenities proposed for the Hotels; (ii) which would allow the Hotels’ facilities (for example, parking spaces) to be used by persons other than guests, invitees, or employees of the Hotels except as approved by Tenant; (iii) which would allow the Hotels’ facilities to be used for specified charges or rates which have not been approved by Manager; or (iv) which would subject the Hotels to exclusive arrangements regarding food and beverage operation or retail merchandise.
No Covenants, Conditions or Restrictions. A. Owner covenants that, as of the Effective Date and during the Term, there will not be (unless Manager has given its prior consent thereto) any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements (individually or collectively referred to as "CC&R(s)") affecting the Site or the Inn which: (i) would prohibit or limit Manager from operating the Inn in accordance with the System Standards; (ii) would allow the Inn facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the Inn; (iii) would allow the Inn facilities to be used for specified charges or rates which have not been approved by Manager; or (iv) would subject the Inn to exclusive arrangements regarding food and beverage operation or retail merchandise.
No Covenants, Conditions or Restrictions. A. Primary Manager covenants that it will exercise its rights under the Primary Management Agreement to cause Wyndham (or to cause Wyndham to cause Owner) to not (unless Submanager has given its prior written consent thereto) enter into any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements (collectively referred to as "CC&R's") affecting the Site or the Hotel (i) which would prohibit or limit in any material respect Submanager from operating the Hotel in accordance with the System Standards, including related amenities proposed for the Hotel pursuant to the Five Year Plan; (ii) which would allow the Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the Hotel; (iii) which would allow the Hotel facilities to be used for specified charges or rates which have not been approved by Submanager; or (iv) which would subject the Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise. To Primary Manager's knowledge, any existing CC&R's affecting the Site or the Hotel are effected in instruments which have been provided by Primary Manager, Owner or Wyndham to Submanager.
No Covenants, Conditions or Restrictions. A. Owner covenants that, from and after the Effective Date and during the Term of this Agreement, Owner shall not (unless Manager has given its prior written consent thereto) create or cause or suffer to be caused any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements (collectively referred to as "CC&Rs") affecting the Site or the Resort (i) which would prohibit or substantially limit Manager from operating the Resort in accordance with the Luxury Spa Resort Standards, including related amenities proposed for the Resort; (ii) which would legally entitle the Resort facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the Resort; (iii) other than leases entered into by Owner, which would allow the Resort facilities to be used for specified charges or rates which have not been approved by Manager; or (iv) which would subject the Resort to exclusive arrangements regarding food and beverage operation or retail merchandise.
No Covenants, Conditions or Restrictions. (a) Landlord covenants that after the Commencement Date and during the Term, there will not be (unless Tenant and Manager have given their prior consent thereto) any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements (individually or collectively referred to as “CC&R’s”) affecting the Leased Property (i) which would prohibit Manager’s operation of the Facility in accordance with the operating standards set forth in this Agreement; (ii) which would allow the Facility or any part thereof (for example, parking spaces) to be used by persons other than residents, patients, invitees or employees of the Facility; (iii) which would allow the Facility to be used for specified charges or rates which have not been approved by Manager; or (iv) which would subject the Facility to exclusive arrangements regarding food and beverage operation or retail merchandise.
No Covenants, Conditions or Restrictions. (a) Landlord covenants that after the Commencement Date and during the Term, there will not be (unless Tenant and Manager have given their prior consent thereto, not to be unreasonably withheld or delayed) any new covenants, conditions, restrictions or Condominium Documents, including reciprocal easement agreements or cost-sharing arrangements (individually or collectively referred to as “CC&Rs”) affecting the Leased Property, other than those in effect on the Commencement Date (the “Existing CC&Rs”).
No Covenants, Conditions or Restrictions. (a) Tenant shall cause the Management Parties to manage and operate the Hotels in compliance with all obligations imposed on Landlord or the Hotels pursuant to any CC&Rs to the extent (i) such obligations are known to the Management Parties (ii) such CC&Rs relate to the management and operation of the Hotels and (iii) the CC&Rs are not inconsistent with the Management Agreement.
No Covenants, Conditions or Restrictions. A. Owner covenants that, as of the Effective Date and during the Term, there will not be (unless Manager has given its prior consent thereto) any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements (individually or collectively referred to as “CC&R(s)”) affecting the Site or the Hotel which: (i) would prohibit or limit Manager from operating the Hotel in accordance with the System Standards; (ii) would allow the Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the Hotel; (iii) would allow the Hotel facilities to be used for specified charges or rates which have not been approved by Manager; or (iv) would subject the Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise. Manager hereby consents to that certain Easement dated July 30, 2001 between SSFW Property, L.P. and YCP U Centre, L.P. and recorded in Volume 15062, page 000, Xxxx Xxxxxxx, Xxxxxxx Xxxxxx, Xxxxx, as amended by that certain First Amendment to Easement dated as of the date hereof, which allows certain parking facilities on the Site to be used by an adjoining property owner.
