Common use of No Covenants, Conditions or Restrictions Clause in Contracts

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.

Appears in 6 contracts

Samples: Management Agreement (Apple REIT Nine, Inc.), Management Agreement (Apple REIT Eight, Inc.), Management Agreement (Apple REIT Nine, Inc.)

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No Covenants, Conditions or Restrictions. A. Manager acknowledges (a) Landlord covenants that after the Commencement Date and agrees with Owner, and represents and warrants to Owner, that, as of during the Effective Date, to the best of Manager’s knowledgeTerm, there are no will not be (unless Tenant has given its prior consent thereto) any covenants, conditions conditions, or restrictions, including including, without limitation, 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: Leased Property (i) which would prohibit or limit Manager from operating Manager’s operation of the Hotel Hotels in accordance with the System Standardsterms of this Lease and the Management Agreement, including, without limitation, related amenities proposed for the Hotels; (ii) which would allow the Hotel Hotels’ facilities (for example, parking spaces) to be used by persons other than guests, invitees invitees, or employees of the HotelHotels except as approved by Tenant; (iii) which would allow the Hotel Hotels’ facilities to be used for specified charges or rates which have not been approved by Manager; or (iv) which would subject the Hotel Hotels 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.

Appears in 4 contracts

Samples: Lease Agreement (ESH Hospitality, Inc.), Lease Agreement (Extended Stay America, Inc.), Lease Agreement (ESH Hospitality LLC)

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 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; (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.

Appears in 3 contracts

Samples: Management Agreement (Apple REIT Nine, Inc.), Management Agreement (Apple REIT Seven, Inc.), Management Agreement (Apple REIT Seven, Inc.)

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, except as disclosed to Owner in writing, 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 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; (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.

Appears in 2 contracts

Samples: Management Agreement (Apple REIT Ten, Inc.), Management Agreement (Apple REIT Ten, Inc.)

No Covenants, Conditions or Restrictions. A. Manager acknowledges and agrees with Owner, and represents and warrants to Owner, Owner covenants that, as of the Effective Date, to Date and during the best of Manager’s knowledgeTerm, there are no 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, other than those disclosed set forth on Owner’s title insurance commitment which: Exhibit G, (i) that would prohibit or limit Manager from operating the Hotel in accordance with the System Standards, including related amenities proposed for the Hotel; (ii) that would allow the Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the Hotel; (iii) that would allow the Hotel facilities to be used for specified charges or rates which that have not been approved by Manager; or (iv) that 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.

Appears in 1 contract

Samples: Management Agreement (Gaylord Entertainment Co /De)

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No Covenants, Conditions or Restrictions. A. Manager acknowledges and agrees with Owner, and represents and warrants to Owner, that, as Owner covenants that during the Term of the Effective Date, to the best of Manager’s knowledgethis Agreement, there are no will not be (unless Manager has given its prior written consent thereto) any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements (individually or collectively referred to as “CC&R(sCC&R’s”)”) , affecting the Hotel, other than those disclosed on Owner’s title insurance commitment which: Site or the Hotel (i) which would prohibit or limit Manager from operating the Hotel in accordance with the System Standardsrequirements of the Franchise Agreement and this Agreement, including related amenities proposed for the Hotel; (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 ManagerManager in writing; or (iv) which 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.

Appears in 1 contract

Samples: Management Agreement (RLJ Lodging Trust)

No Covenants, Conditions or Restrictions. A. Manager acknowledges (a) Landlord covenants that after the Commencement Date and agrees with Owner, and represents and warrants to Owner, that, as of during the Effective Date, to the best of Manager’s knowledgeTerm, there are no 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 "Future CC&R(s)") affecting the Hotel, other than those disclosed on Owner’s title insurance commitment which: Leased Property (i) which would prohibit or materially limit Manager from operating the Hotel in accordance with the System Standards, including related amenities proposed for the Hotel; (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 Manager; or (iv) which 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.

Appears in 1 contract

Samples: Lease Agreement (CNL Hospitality Properties Inc)

No Covenants, Conditions or Restrictions. A. Manager acknowledges and agrees with Owner, and represents and warrants to Owner, Owner covenants that, as of the Effective Date, to Opening Date and during the best of Manager’s knowledgeTerm, there are no 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, other than those disclosed on Owner’s title insurance commitment which: (i) which would prohibit or limit Manager from operating the Hotel in accordance with the System Standards, including related amenities proposed for the Hotel; (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 Manager; or (iv) which 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.

Appears in 1 contract

Samples: Management Agreement (Apple Reit Six Inc)

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