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

No Covenants, Conditions or Restrictions. A. Owner and Landlord agree that during the Term, any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements affecting the Site or Hotel (collectively “Future CC&Rs”) which would (i) prohibit or limit Manager from operating the Hotel in accordance with System Standards, including related amenities of the Hotel; (ii) allow the Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the 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 or retail merchandise, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. Manager hereby consents to any easements, covenants, conditions or restrictions, including without limitation any reciprocal easement agreements or cost-sharing agreements, existing as of the date of this Agreement (collectively, the “Existing CC&Rs”). B. All financial obligations imposed on Owner or on the Hotel pursuant to any Future CC&Rs for which Manager’s consent was required under Section 8.02.A, but not obtained, shall be paid by Owner. C. Manager shall manage, operate, maintain and repair the Hotel in compliance with all obligations imposed on Owner, Landlord or the Hotel pursuant to any Existing CC&Rs or Future CC&Rs (unless Manager’s consent was required under Section 8.02.A, but not obtained) to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair of the Hotel.

Appears in 5 contracts

Samples: Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust)

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No Covenants, Conditions or Restrictions. A. Owner Tenant represents and Landlord agree warrants that, with respect to each Hotel and as of the Effective Date, there are not, and covenants that during the TermTerm 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 agreements, common area assessments or cost-sharing arrangements affecting the Site or Hotel (collectively referred to as “Future CC&Rs”) which affecting any Site or Hotel that would (i) prohibit or limit Manager from operating the such Hotel in accordance with System Standards, including related amenities of the such Hotel; (ii) allow the such Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the 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 operation, retail merchandise or retail merchandiseany other operations or part of the Hotel. With respect to each Hotel, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. 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 this Agreement 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”). B. All financial obligations imposed on Owner Tenant or on the a Hotel pursuant to any Future CC&Rs for which Manager’s consent was is required under Section 8.02.A, but not obtained, 8.04.A above shall be paid by Owner.Tenant from its own funds, and not from Gross Revenues of a Hotel or from the Reserve of a Hotel, unless Manager has given its prior written consent to such Future CC&Rs as required under Section 8.04.A. C. Manager shall manage, operate, maintain and repair the each Hotel in compliance with all obligations imposed on OwnerTenant, Landlord or the such Hotel pursuant to any Existing CC&Rs or Future CC&Rs (unless Manager’s consent was is required under Section 8.02.A, but for such Future CC&Rs and Manager does not obtainedconsent to such Future CC&Rs) to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair of the such Hotel.

Appears in 5 contracts

Samples: Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust)

No Covenants, Conditions or Restrictions. A. Owner and Landlord agree Primary Manager covenants that during it will exercise its rights under the Term, 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 (collectively “Future CC&Rs”i) which would (i) prohibit or limit Manager in any material respect Submanager from operating the Hotel in accordance with the System Standards, including related amenities of proposed for the HotelHotel 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 that which have not been approved by ManagerSubmanager; or (iv) which would subject the Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise. To Primary Manager's knowledge, will not be entered into unless Manager has given its prior written consent theretoany existing CC&R's affecting the Site or the Hotel are effected in instruments which have been provided by Primary Manager, which consent shall not be unreasonably withheld, conditioned Owner or delayed. Manager hereby consents Wyndham to any easements, covenants, conditions or restrictions, including without limitation any reciprocal easement agreements or cost-sharing agreements, existing as of the date of this Agreement (collectively, the “Existing CC&Rs”)Submanager. B. All Unless otherwise agreed by both Primary Manager and Submanager, all financial obligations imposed on Owner Owner, Wyndham or Primary Manager or on the Hotel pursuant to any Future CC&Rs for which Manager’s consent was required under Section 8.02.A, but not obtained, CC&R's shall be paid by Owner. C. Primary Manager (or Primary Manager shall managecause to be paid by Primary Manager or Wyndham) from its own funds, operate, maintain and repair not from Gross Revenues or from the Hotel in compliance with all obligations imposed on Owner, Landlord or the Hotel pursuant FF&E Reserve. Submanager's consent to any Existing CC&Rs or Future CC&Rs such CC&R's shall be conditioned (unless Manager’s consent was required under Section 8.02.A, but not obtainedamong other things) on satisfactory evidence that: (i) the CC&R in question provides a reasonable and cost-effective benefit to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair operation of the Hotel; (ii) the costs incurred (including administrative expenses) pursuant to such CC&R will be both reasonable and allocated to the Hotel on a reasonable basis; and (iii) no capital expenditures incurred pursuant to said CC&R will be paid as a Deduction (but rather, such capital expenditures will be paid separately by Primary Manager or by Owner or Wyndham).

Appears in 2 contracts

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

No Covenants, Conditions or Restrictions. A. Each Owner and Landlord agree that agrees that, during the Term, any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements affecting the Site or any Hotel (collectively “Future CC&Rs”) which would (i) prohibit or limit Manager from operating the such Hotel in accordance with System Standards, including related amenities of the such Hotel; (ii) allow the Hotel such Hotel’s facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the such Hotel; (iii) allow the Hotel such Hotel’s facilities to be used for specified charges or rates that have not been approved by Manager; or (iv) subject the such Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. Manager hereby consents to any easements, covenants, conditions or restrictions, including including, without limitation limitation, any reciprocal easement agreements or cost-sharing agreements, agreements existing as of the date of this Agreement Effective Date (collectively, the “Existing CC&Rs”). B. All financial obligations imposed on any Owner or on the any Hotel pursuant to any Future CC&Rs for which Manager’s consent was required under Section 8.02.A, but not obtained, shall be paid by such Owner. C. Manager shall manage, operate, maintain and repair the each Hotel in compliance with all obligations imposed on the applicable Owner, Landlord or the Hotel pursuant to any Existing CC&Rs or Future CC&Rs (unless Manager’s consent was required under Section 8.02.A, but not obtained) to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair of the such Hotel.

Appears in 2 contracts

Samples: Master Management Agreement (Service Properties Trust), Master Management Agreement (Service Properties Trust)

No Covenants, Conditions or Restrictions. A. Lessee covenants that it will not and that it will exercise its rights under the Lease to cause Owner and Landlord agree that during the Term, to not (unless Manager 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 (collectively “Future CC&Rs”i) which would (i) prohibit or limit in any material respect Manager or Marriott from operating the Hotel in accordance with the System Standards, including related amenities of proposed for the HotelHotel 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 that 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. To Lessee's knowledge, will not be entered into unless Manager has given its prior written consent thereto, any existing CC&R's affecting the Site or the Hotel are effected in instruments which consent shall not be unreasonably withheld, conditioned have been provided by Owner or delayed. Manager hereby consents Lessee to any easements, covenants, conditions or restrictions, including without limitation any reciprocal easement agreements or cost-sharing agreements, existing as of the date of this Agreement (collectively, the “Existing CC&Rs”)Manager. B. All Unless otherwise agreed by both Lessee and Manager, all financial obligations imposed on Owner or Lessee or on the Hotel pursuant to any Future CC&Rs for which Manager’s consent was required under Section 8.02.A, but not obtained, CC&R's shall be paid by Lessee (or Lessee shall cause to be paid by Owner. C. Manager shall manage) from its own funds, operate, maintain and repair not from Gross Revenues or from the Hotel in compliance with all obligations imposed on Owner, Landlord or the Hotel pursuant FF&E Reserve. Manager's consent to any Existing CC&Rs or Future CC&Rs such CC&R's shall be conditioned (unless Manager’s consent was required under Section 8.02.A, but not obtainedamong other things) on satisfactory evidence that: (i) the CC&R in question provides a reasonable and cost-effective benefit to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair operation of the Hotel; (ii) the costs incurred (including administrative expenses) pursuant to such CC&R will be both reasonable and allocated to the Hotel on a reasonable basis; and (iii) no capital expenditures incurred pursuant to said CC&R will be paid as a Deduction (but rather, such capital expenditures will be paid separately by Owner or Lessee).

Appears in 2 contracts

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

No Covenants, Conditions or Restrictions. A. Owner Tenant represents and Landlord agree warrants that, as of the Effective Date, there are not, and covenants that during the TermTerm of this Agreement, Tenant shall not enter into (unless Manager has given its prior written consent thereto including as to any amendment, which consent shall not be unreasonably withheld, conditioned or delayed), any covenants, conditions or restrictions, including reciprocal easement agreements agreements, common area assessments or cost-sharing arrangements (collectively referred to as “Future CC&Rs”) affecting the Site or Hotel (collectively “Future CC&Rs”) which that would (i) prohibit or limit Manager from operating the Hotel in accordance with System Standards, including related amenities of the Hotel; (ii) allow the Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the 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 operation, retail merchandise or retail merchandise, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned any other operations or delayedpart of the 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 the Hotel, and (b) any of this Agreement the foregoing items with respect to the Hotel existing as of the Effective Date and of which Manager has knowledge (all of the foregoing, collectively, the “Existing CC&Rs”). Tenant further covenants and agrees that for the duration of this Agreement, in the event Tenant receives any written notice or correspondence relating to any Existing CC&Rs or the Condominium Declaration, Tenant covenants that it shall forward such notice or correspondence to Manager within five (5) Business Days of receipt thereof by Landlord or Tenant. B. All financial obligations imposed on Owner Tenant or on the Hotel pursuant to any Future CC&Rs for which Manager’s consent was is required under Section 8.02.A, but not obtained, 8.04.A above shall be paid by Owner.Tenant from its own funds, and not from Gross Revenues of the Hotel or from the Reserve of the Hotel, unless Manager has given its prior written consent to such Future CC&Rs as required under Section 8.04.A. C. Manager shall manage, operate, maintain and repair the Hotel in compliance with all obligations imposed on OwnerTenant, Landlord or the Hotel pursuant to any Existing CC&Rs or Future CC&Rs (unless Manager’s consent was is required under Section 8.02.A, but for such Future CC&Rs and Manager does not obtainedconsent to such Future CC&Rs) to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair of the Hotel.

Appears in 1 contract

Samples: Management Agreement (Service Properties Trust)

No Covenants, Conditions or Restrictions. A. Owner and Landlord agree that during the Term, any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing cost‑sharing arrangements affecting the Site or Hotel (collectively “Future CC&Rs”) which would (i) prohibit or limit Manager from operating the Hotel in accordance with System Standards, including related amenities of the Hotel; (ii) allow the Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the 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 or retail merchandise, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. Manager hereby consents to any easements, covenants, conditions or restrictions, including without limitation any reciprocal easement agreements or cost-sharing agreements, existing as of the date of this Agreement Initial Effective Date (collectively, the “Existing CC&Rs”). B. All financial obligations imposed on Owner or on the Hotel pursuant to any Future CC&Rs for which Manager’s consent was required under Section 8.02.A, but not obtained, shall be paid by Owner. C. Manager shall manage, operate, maintain and repair the Hotel in compliance with all obligations imposed on Owner, Landlord or the Hotel pursuant to any Existing CC&Rs or Future CC&Rs (unless Manager’s consent was required under Section 8.02.A, but not obtained) to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair of the Hotel.

Appears in 1 contract

Samples: Transaction Agreement (Service Properties Trust)

No Covenants, Conditions or Restrictions. A. Owner Tenant covenants that, as of the Effective Date and Landlord agree that during the TermTerm of this Agreement with respect to each Hotel, Tenant will 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 or cost-sharing arrangements (collectively referred to as “Future CC&R’s”) affecting the any Site or Hotel (collectively “Future CC&Rs”) which would (i) prohibit or limit Manager from operating the such Hotel in accordance with System Standards, including related amenities of the such Hotel; (ii) allow the such Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the 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 or retail merchandise. With respect to each Hotel, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. 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 this Agreement the foregoing items with respect to such Hotel existing as of the date hereof and of which Manager has knowledge (all of the foregoing, collectively, the “Existing CC&RsCC&R’s”). B. All financial obligations imposed on Owner Tenant or on the a Hotel pursuant to any Future CC&Rs CC&R’s for which Manager’s consent was is required under Section 8.02.A, but not obtained, 8.02.A above shall be paid by Owner.Tenant from its own funds, and not from Gross Revenues of a Hotel or from the Reserve of a Hotel, unless Manager has given its prior written consent to such Future CC&R’s as required under Section 8.02.A. C. Manager shall manage, operate, maintain and repair the each Hotel in compliance with all obligations imposed on OwnerTenant, Landlord or the such Hotel pursuant to any Existing CC&Rs CC&R’s or Future CC&Rs CC&R’s (unless the Manager’s consent was is required under Section 8.02.A, but for such Future CC&R’s and Manager does not obtainedconsent to such Future CC&R’s) to the extent such Existing CC&Rs CC&R’s and Future CC&Rs CC&R’s relate to the management, operation, maintenance and repair of the such Hotel.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

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No Covenants, Conditions or Restrictions. A. Owner covenants that, as of the Effective Date and Landlord agree that 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 (collectively “Future CC&Rs”) which would which: (i) would prohibit or limit Manager from operating the Hotel in accordance with the System Standards, including related amenities of the Hotel; (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 that which have not been approved by Manager; or (iv) would subject the Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. Manager hereby consents to any easementsthat certain Easement dated July 30, covenants2001 between SSFW Property, conditions or restrictionsL.P. and YCP U Centre, including without limitation any reciprocal easement agreements or cost-sharing agreementsL.P. and recorded in Volume 15062, existing page 000, Xxxx Xxxxxxx, Xxxxxxx Xxxxxx, Xxxxx, as amended by that certain First Amendment to Easement dated as of the date of this Agreement (collectivelyhereof, which allows certain parking facilities on the “Existing CC&Rs”)Site to be used by an adjoining property owner. B. All Unless otherwise agreed by both Owner and Manager, all financial obligations imposed on Owner or on the Hotel pursuant to any Future CC&Rs for which Manager’s consent was required under Section 8.02.A, but not obtained, hereafter affecting the Hotel shall be paid by Owner. C. Manager shall manageOwner from its own funds, operate, maintain and repair not from Gross Revenues or from the Hotel in compliance with all obligations imposed on Owner, Landlord or the Hotel pursuant to any Existing CC&Rs or Future CC&Rs (unless Reserve. Manager’s consent was required under Section 8.02.A, but not obtainedto any such CC&R shall be conditioned (among other things) on satisfactory evidence that: (i) the CC&R in question provides a reasonable and cost-effective benefit to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair operation of the Hotel; (ii) the costs incurred (including administrative expenses) pursuant to such CC&R will be both reasonable and allocated to the Hotel on a reasonable basis; and (iii) no capital expenditures incurred pursuant to said CC&R will be paid from Gross Revenues or from the Reserve (but rather, such capital expenditures will be paid separately by Owner).

Appears in 1 contract

Samples: Management Agreement (Apple Reit Six Inc)

No Covenants, Conditions or Restrictions. A. Owner and Landlord agree agrees that during the Term, any covenants, conditions or restrictions, including reciprocal easement agreements or cost-sharing arrangements affecting the Site or Hotel (collectively “Future CC&Rs”) which would (i) prohibit or limit Manager from operating the Hotel in accordance with System Standards, including related amenities of the Hotel; (ii) allow the Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the 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 or retail merchandise, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. Manager hereby consents to any easements, covenants, conditions or restrictions, including without limitation any reciprocal easement agreements or cost-sharing agreements, existing as of the date of this Agreement (collectively, the “Existing CC&Rs”). B. All financial obligations imposed on Owner or on the Hotel pursuant to any Future CC&Rs for which Manager’s consent was required under Section 8.02.A, but not obtained, shall be paid by Owner. C. Manager shall manage, operate, maintain and repair the Hotel in compliance with all obligations imposed on Owner, Landlord Owner or the Hotel pursuant to any Existing CC&Rs or Future CC&Rs (unless Manager’s consent was required under Section 8.02.A, but not obtained) to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair of the Hotel.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

No Covenants, Conditions or Restrictions. A. Owner Tenant covenants that, as of the Effective Date and Landlord agree that during the TermTerm of this Agreement with respect to each Hotel, Tenant will 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 or cost-sharing arrangements (collectively referred to as "Future CC&R's") affecting the any Site or Hotel (collectively “Future CC&Rs”i) which would (i) prohibit or limit Manager from operating the such Hotel in accordance with System Standards, including related amenities of the such Hotel; or (ii) which would allow the such Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the such Hotel; (iii) allow the Hotel facilities . With respect 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 or retail merchandiseeach Hotel, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. 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 this Agreement the foregoing items with respect to such Hotel existing as of the date hereof and of which Manager has knowledge (all of the foregoing, collectively, the "Existing CC&Rs”CC&R's"). B. All financial obligations imposed on Owner Tenant or on the a Hotel pursuant to any Future CC&Rs CC&R's for which Manager’s 's consent was is required under Section 8.02.A, but not obtained, 8.02.A above shall be paid by Owner.Tenant from its own funds, and not from Gross Revenues of a Hotel or from the Reserve of a Hotel, unless Manager has given its prior written consent to such Future CC&R's as required under Section 8.02.A. C. Manager shall manage, operate, maintain and repair the each Hotel in compliance with all obligations imposed on OwnerTenant, Landlord or the such Hotel pursuant to any Existing CC&Rs CC&R's or Future CC&Rs CC&R's (unless the Manager’s 's consent was is required under Section 8.02.A, but for such Future CC&R's and Manager does not obtainedconsent to such Future CC&R's) to the extent such Existing CC&Rs CC&R's and Future CC&Rs CC&R's relate to the management, operation, maintenance and repair of the such Hotel.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

No Covenants, Conditions or Restrictions. A. i. Owner and Landlord agree that that, during the TermTerm with respect to any Hotel, any covenants, conditions or restrictions, including reciprocal easement agreements or cost-cost sharing arrangements affecting the Site or such Hotel (collectively “Future CC&Rs”) which would (i) prohibit or limit Manager from operating the such Hotel in accordance with System Standards, including related amenities of the Hotel; (ii) allow the Hotel such Hotel’s facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the such Hotel; (iii) allow the Hotel such Hotel’s facilities to be used for specified charges or rates that have not been approved by Manager; or (iv) subject the such Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise, will not be entered into unless Manager has given its prior written consent thereto, which consent shall not be unreasonably withheld, conditioned or delayed. Manager hereby consents to any easements, covenants, conditions or restrictions, including without limitation any reciprocal easement agreements or cost-sharing agreements, existing agreements which affect any Hotel and existed as of the date of this Agreement Effective Date for such Hotel (collectively, the “Existing CC&Rs”). B. ii. All financial obligations imposed on Owner or on the any Hotel pursuant to any Future CC&Rs for which Manager’s consent was required under Section 8.02.A, but not obtained, shall be paid by Owner. C. iii. Manager shall manage, operate, maintain and repair the each Hotel in compliance with all obligations imposed on Owner, the applicable Landlord or the such Hotel pursuant to any Existing CC&Rs or Future CC&Rs (unless Manager’s consent was required under Section 8.02.A, but not obtained) to the extent such Existing CC&Rs and Future CC&Rs relate to the management, operation, maintenance and repair of the such Hotel.

Appears in 1 contract

Samples: Master Management Agreement (Service Properties Trust)

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