Common use of Nonliability of Trustees Clause in Contracts

Nonliability of Trustees. THE DECLARATION OF TRUST ESTABLISHING THE SECURED PARTY, A COPY OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (THE "DECLARATION"), IS DULY FILED WITH THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES THAT THE NAME "HPT CW IX XXXPERTIES TRUST" REFERS TO THE TRUSTEES UNDER THE DECLARATION COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF THE SECURED PARTY SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF OR CLAIM AGAINST, THE SECURED PARTY. ALL PERSONS DEALING WITH THE SECURED PARTY, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF THE SECURED PARTY FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. WITNESS the execution hereof under seal as of the date above first written. CANDLEWOOD HOTEL COMPANY, INC. By: /s/ THOMXX XXXXXXXXX -------------------------------- Thomxx Xxxxxxxxx Its Vice President-Controller

Nonliability of Trustees. THE DECLARATION OF TRUST ESTABLISHING THE SECURED PARTY, A COPY OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (THE "“DECLARATION"”), IS DULY FILED WITH THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES THAT THE NAME "HPT CW IX XXXPERTIES “HRES1 PROPERTIES TRUST" ” REFERS TO THE TRUSTEES UNDER THE SUCH DECLARATION COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF THE SECURED PARTY SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF OR CLAIM AGAINST, THE SECURED PARTY. ALL PERSONS DEALING WITH THE SECURED PARTY, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF THE SECURED PARTY FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. WITNESS the execution hereof under seal as of the date above first written. CANDLEWOOD HOTEL COMPANYPLEDGOR: FSQ, INC. a Delaware corporation /s/ Xxxxxx X. Xxxxxx By: Xxxxxx X. Xxxxxx Its: President SECURED PARTY: HRES1 PROPERTIES TRUST, a Maryland real estate investment trust /s/ THOMXX XXXXXXXXX -------------------------------- Thomxx Xxxxxxxxx Its Vice Xxxxx X. Xxxxxxx By: Xxxxx X. Xxxxxxx Its: President-Controller

Nonliability of Trustees. THE DECLARATION OF TRUST ESTABLISHING THE SECURED PARTY, A COPY OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (THE "DECLARATION"), IS DULY FILED WITH THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES THAT THE NAME "HPT CW IX XXXPERTIES SNH CHS PROPERTIES TRUST" REFERS TO THE TRUSTEES UNDER THE SUCH DECLARATION COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF THE SECURED PARTY SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF OR CLAIM AGAINST, THE SECURED PARTY. ALL PERSONS DEALING WITH THE SECURED PARTY, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF THE SECURED PARTY FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. WITNESS the execution hereof under seal as of the date above first written. CANDLEWOOD HOTEL COMPANYPLEDGOR: FSQ, INC. a Delaware corporation By: /s/ THOMXX XXXXXXXXX -------------------------------- Thomxx Xxxxxxxxx Its Vice President-ControllerXxxxx X. Xxxxxx Xx. ------------------------------------- Xxxxx X. Xxxxxx Xx. Its: Treasurer and Chief Financial Officer SECURED PARTY: SNH CHS Properties Trust, a Maryland real estate investment trust By: /s/ Xxxx X. Xxxxxxx ------------------------------------- Xxxx X. Xxxxxxx Its: Treasurer EXHIBIT A Subleases

Nonliability of Trustees. THE DECLARATION DECLARATIONS OF TRUST ESTABLISHING CERTAIN ENTITIES COMPRISING THE SECURED PARTYLANDLORD, A COPY COPIES OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (COLLECTIVELY, THE "DECLARATION"“DECLARATIONS”), IS ARE DULY FILED WITH THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES PROVIDE THAT THE NAME "HPT CW IX XXXPERTIES TRUST" REFERS NAMES OF SUCH ENTITIES REFER TO THE TRUSTEES UNDER THE DECLARATION SUCH DECLARATIONS COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF THE SECURED PARTY SUCH ENTITIES SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF OF, OR CLAIM AGAINST, THE SECURED PARTYSUCH ENTITIES. ALL PERSONS DEALING WITH THE SECURED PARTYSUCH ENTITIES, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF THE SECURED PARTY SUCH ENTITIES FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. WITNESS the execution hereof under seal as of the date above first written. CANDLEWOOD HOTEL COMPANYSUBTENANT GUARANTORS: FS TENANT POOL I TRUST, INC. FS TENANT POOL II TRUST, FS TENANT POOL III TRUST, FS TENANT POOL IV TRUST, FS LAFAYETTE TENANT TRUST, FS LEISURE PARK TENANT TRUST, and FS LEXINGTON TENANT TRUST By: /s/ THOMXX XXXXXXXXX -------------------------------- Thomxx Xxxxxxxxx Its Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President-ControllerPresident of each of the foregoing entities

Nonliability of Trustees. THE DECLARATION OF TRUST ESTABLISHING THE SECURED PARTY, A COPY OF WHICH, TOGETHER WITH ALL AMENDMENTS THERETO (COLLECTIVELY, THE "“DECLARATION"”), IS DULY FILED WITH THE DEPARTMENT OF ASSESSMENTS AND TAXATION OF THE STATE OF MARYLAND, PROVIDES THAT THE NAME "HPT CW IX XXXPERTIES “SNH NS PROPERTIES TRUST" ”) REFERS TO THE TRUSTEES UNDER THE SUCH DECLARATION COLLECTIVELY AS TRUSTEES, BUT NOT INDIVIDUALLY OR PERSONALLY, AND THAT NO TRUSTEE, OFFICER, SHAREHOLDER, EMPLOYEE OR AGENT OF THE SECURED PARTY SHALL BE HELD TO ANY PERSONAL LIABILITY, JOINTLY OR SEVERALLY, FOR ANY OBLIGATION OF OF, OR CLAIM AGAINST, THE SECURED PARTY. ALL PERSONS DEALING WITH THE SECURED PARTY, IN ANY WAY, SHALL LOOK ONLY TO THE ASSETS OF THE SECURED PARTY FOR THE PAYMENT OF ANY SUM OR THE PERFORMANCE OF ANY OBLIGATION. WITNESS the execution hereof under seal as of the date above first written. CANDLEWOOD HOTEL COMPANYPLEDGOR: FSQ, INC. ., a Maryland corporation By: /s/ THOMXX XXXXXXXXX -------------------------------- Thomxx Xxxxxxxxx Its Xxxxxx X. Xxxxx Xxxxxx X. Xxxxx Vice President-ControllerPresident SECURED PARTY: SNH NS PROPERTIES TRUST, a Maryland real estate investment trust By: /s/ Xxxxxxx X. Xxxxx Xxxxxxx X. Xxxxx Treasurer