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

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. B. Unless otherwise agreed by both Owner and Manager, all financial obligations imposed on Owner or on the Inn pursuant to any CC&Rs hereafter affecting the Inn shall be paid by Owner from its own funds, and not from Gross Revenues or from the Reserve. Manager's consent to 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 operation of the Inn; (ii) the costs incurred (including administrative expenses) pursuant to such CC&R will be both reasonable and allocated to the Inn 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 5 contracts

Samples: Management Agreement (Apple Hospitality Five Inc), Management Agreement (Apple Hospitality Five Inc), Management Agreement (Apple Hospitality Five Inc)

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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: Hotel, other than those set forth on Exhibit G, (i) that would prohibit or limit Manager from operating the Inn Hotel in accordance with the System Standards, including related amenities proposed for the Hotel; (ii) that would allow the Inn Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the InnHotel; (iii) that would allow the Inn Hotel facilities to be used for specified charges or rates which that have not been approved by Manager; or (iv) that would subject the Inn Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise. B. Unless otherwise agreed by both Owner and Manager, all financial obligations imposed on Owner or on the Inn Hotel pursuant to any CC&Rs hereafter affecting the Inn shall be paid by Owner from its own funds, and not from Gross Revenues or from the FF&E Reserve. Manager's ’s consent to any such CC&R shall not be conditioned (among other things) unreasonably withheld or delayed, provided, it shall not be unreasonable for Manager to condition its consent on receipt of satisfactory evidence that: (i) the CC&R in question provides a reasonable and cost-effective benefit to or does not have a material and adverse impact on the operation of the InnHotel; (ii) the costs incurred (including administrative expenses) pursuant to such CC&R will be both reasonable and allocated to the Inn 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 FF&E Reserve (but rather, such capital expenditures will be paid separately by Owner).

Appears in 1 contract

Samples: Purchase Agreement (Gaylord Entertainment Co /De)

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 Hotel which: (i) would prohibit or limit Manager from operating the Inn Hotel in accordance with the System Standards; (ii) would allow the Inn Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the InnHotel; (iii) would allow the Inn Hotel facilities to be used for specified charges or rates which have not been approved by Manager; or (iv) would subject the Inn Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise. B. Unless otherwise agreed by both Owner and Manager, all financial obligations imposed on Owner or on the Inn Hotel pursuant to any CC&Rs hereafter affecting the Inn Hotel shall be paid by Owner from its own funds, and not from Gross Revenues or from the Reserve. Manager's ’s consent to 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 operation of the InnHotel; (ii) the costs incurred (including administrative expenses) pursuant to such CC&R will be both reasonable and allocated to the Inn 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)

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No Covenants, Conditions or Restrictions. A. Owner covenants that, as of the Effective Opening 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 whichHotel: (i) which would prohibit or limit Manager from operating the Inn Hotel in accordance with the System Standards, including related amenities proposed for the Hotel; (ii) which would allow the Inn Hotel facilities (for example, parking spaces) to be used by persons other than guests, invitees or employees of the InnHotel; (iii) which would allow the Inn Hotel facilities to be used for specified charges or rates which have not been approved by Manager; or (iv) which would subject the Inn Hotel to exclusive arrangements regarding food and beverage operation or retail merchandise. B. Unless otherwise agreed by both Owner and Manager, all financial obligations imposed on Owner or on the Inn Hotel pursuant to any CC&Rs hereafter affecting the Inn shall be paid by Owner from its own funds, and not from Gross Revenues or from the FF&E Reserve. Manager's ’s consent to 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 operation of the InnHotel; (ii) the costs incurred (including administrative expenses) pursuant to such CC&R will be both reasonable and allocated to the Inn 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 FF&E Reserve (but rather, such capital expenditures will be paid separately by Owner).

Appears in 1 contract

Samples: Management Agreement (Apple Reit Six Inc)

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