Common use of Permitted Sublease and Assignment Clause in Contracts

Permitted Sublease and Assignment. Notwithstanding the foregoing, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, without Landlord's consent, (a) sublease space at the Leased Property designated on the Plans and Specifications (as defined in the Purchase Agreement) for newsstand, gift shop, parking garage, health club, restaurant, bar, retail, food concession, arcades, game rooms, rental car desk, travel office or commissary purposes or similar concessions in furtherance of the Permitted Use; (b) sublease additional space at the Leased Property for any such ancillary uses, so long as such additional subleases do not demise, in the aggregate, in excess of 600 square feet (exclusive of any parking garage subleases), and will not violate or affect any Legal Requirement or Insurance Requirement; (c) sublease space at the Leased Property for use by Marriott or any Affiliated Person of Marriott for time-share sales and/or marketing activities, so long as such subleases do not demise, in the aggregate, in excess of six hundred (600) square feet of area; (d) in the event that there is a Corporate Transfer permitted pursuant to Section 16.1(b), as a result of which all or substantially all of the assets with respect to one or two, but not all, of the Residence Inn, Courtyard, SpringHill Suites or TownePlace Suites brands are transferred to a Person that is not an Affiliated Person as to Marriott, sublease the Leased Property or assign Tenant's rights under this Agreement to an Entity wholly-owned, directly or indirectly, by Marriott which retains all or substantially all of the assets of the brand or brands not so transferred. Any sublease of space to any Affiliated Person of Tenant or Marriott shall be on commercially reasonable terms; provided, however, that any sublease of space to or for use by Marriott or any Affiliated Person of Marriott for time-share sales and/or marketing activities (which shall not cover more than six hundred (600) square feet of area without Landlord's prior written consent) shall not be required to be on commercially reasonable terms.

Permitted Sublease and Assignment. Notwithstanding the foregoing, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, without Landlord's consent, (a) sublease space at the Leased Property designated on the Plans and Specifications (as defined in the Purchase Agreement) for newsstand, gift shop, parking garage, health club, restaurant, bar, retail, food concession, arcades, game rooms, rental car desk, travel office or commissary purposes or similar concessions in furtherance of the Permitted Use; (b) sublease additional space at the Leased Property for any such ancillary uses, so long as such additional subleases do not demise, in the aggregate, in excess of 600 three thousand (3,000) square feet (exclusive of any parking garage subleases), and will not violate or affect any Legal Requirement or Insurance Requirement; (c) sublease space at the Leased Property for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities, so long as such subleases do not demise, in the aggregate, in excess of six hundred (600) square feet of area; and (d) in the event that there is a Corporate Transfer permitted pursuant to Section 16.1(b), as a result of which all or substantially all of the assets with respect to one or two, but not all, of the Residence Courtyard, Fairfield Inn, Courtyard, or SpringHill Suites or TownePlace Suites brands are transferred to a Person that is not an Affiliated Person as to MarriottTenant, sublease the Leased Property or assign Tenant's rights under this Agreement to an Entity wholly-owned, directly or indirectly, by Marriott the Guarantor which retains all or substantially all of the assets of the brand or brands not so transferred. Any sublease of space to any Affiliated Person of Tenant or Marriott Guarantor shall be on commercially reasonable terms; provided, however, that any sublease of space to or for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities (which shall not cover more than six hundred (600) square feet of area without Landlord's prior written consent) shall not be required to be on commercially reasonable terms.

Permitted Sublease and Assignment. Notwithstanding the foregoing, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, without Landlord's consent, (a) sublease space at the Leased Property designated on the Plans and Specifications (as defined in the Purchase Agreement) for newsstand, gift shop, parking garage, health club, restaurant, bar, retail, food concession, arcades, game rooms, rental car desk, travel office or commissary purposes or similar concessions in furtherance of the Permitted Use; (b) sublease additional space at the Leased Property for any such ancillary uses, so long as such additional subleases do not demise, in the aggregate, in excess of 600 square feet (exclusive of any parking garage subleases), and will not violate or affect any Legal Requirement or Insurance Requirement; (c) sublease space at the Leased Property for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities, so long as such subleases do not demise, in the aggregate, in excess of six hundred (600) square feet of area; and (d) in the event that there is a Corporate Transfer permitted pursuant to Section 16.1(b), as a result of which all or substantially all of the assets with respect to one or two, but not all, of the Residence Inn, Courtyard, SpringHill Suites Inn or TownePlace Suites brands are transferred to a Person that is not an Affiliated Person as to MarriottTenant, sublease the Leased Property or assign Tenant's rights under this Agreement to an Entity wholly-owned, directly or indirectly, by Marriott the Guarantor which retains all or substantially all of the assets of the brand or brands not so transferred. Any sublease of space to any Affiliated Person of Tenant or Marriott Guarantor shall be on commercially reasonable terms; provided, however, that any sublease of space to or for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities (which shall not cover more than six hundred (600) square feet of area without Landlord's prior written consent) shall not be required to be on commercially reasonable terms.

Permitted Sublease and Assignment. Notwithstanding the foregoing, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, without Landlord's consent, (a) sublease such space or spaces at the Leased Property designated on currently used (i.e., as of the Plans and Specifications (as defined in the Purchase AgreementEffective Date) for newsstand, gift shop, parking garage, health club, restaurant, bar, retail, food concession, arcades, game rooms, rental car desk, travel office or commissary purposes or similar concessions in furtherance of the Permitted Use; (b) sublease additional space at the Leased Property for any such ancillary uses, so long as such additional subleases do not demise, in the aggregate, in excess of 600 six hundred (600) square feet per Hotel (exclusive of any parking garage subleases), and will not violate or affect any Legal Requirement or Insurance Requirement; (c) sublease space at the Leased Property for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities, so long as such subleases do not demise, in the aggregate, in excess of six hundred (600) square feet of areaarea per Hotel; and (d) in the event that there is a Corporate Transfer permitted pursuant to Section 16.1(b), as a result of which all or substantially all of the assets with respect to one or two, but not all, of the Residence Inn, Courtyard, SpringHill Suites Inn or TownePlace Suites brands are transferred to a Person that is not an Affiliated Person as to MarriottTenant, sublease the Leased Property or assign Tenant's rights under this Agreement to an Entity wholly-owned, directly or indirectly, by Marriott the Guarantor which retains all or substantially all of the assets of the brand or brands not so transferred. Any sublease of space to any Affiliated Person of Tenant or Marriott Guarantor shall be on commercially reasonable terms; provided, however, that any sublease of space to or for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities (which shall not cover more than six hundred (600) square feet of area in either Hotel without Landlord's prior written consent) shall not be required to be on commercially reasonable terms.

Permitted Sublease and Assignment. Notwithstanding the foregoing, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, without in each instance after Notice to Landlord's consent, (a) sublease space at the Leased Property designated on the Plans and Specifications (as defined in the Purchase Agreement) for newsstand, gift shop, parking garage, health club, restaurant, bar, retail, food concession, arcades, game rooms, rental car desk, travel office bar or commissary purposes or similar concessions in furtherance of the Permitted Use; (b) sublease additional space at the Leased Property for any such ancillary uses, so long as such additional subleases do not demise, in the aggregate, in excess of 600 square feet (exclusive of any parking garage subleases), and will not violate or affect any Legal Requirement or Insurance Requirement; (c) sublease space at the Leased Property for use by Marriott or any Affiliated Person of Marriott for time-share sales and/or marketing activities, so long as such subleases do not demise, in the aggregate, in excess of six hundred three thousand (6003,000) square feet (exclusive of areaany parking garage subleases), will not violate or affect any Legal Requirement or Insurance Requirement, and Tenant shall provide such additional insurance coverage applicable to the activities to be conducted in such subleased space as Landlord and any Hotel Mortgagee may reasonably require; (db) in the event that there is a Corporate Transfer permitted pursuant to Section 16.1(b)16.1, as a result of which all or substantially all of the assets with respect to one or twomore, but not all, of the Residence InnInn by Marriott, CourtyardCourtyard by Marriott, SpringHill TownePlace Suites or TownePlace Suites brands are transferred Marriott Hxxxx xxxxxx xxx xxxxxxxxred to a Person that is not an Affiliated Person as to MarriottTenant, sublease the Leased Property or assign Tenant's rights under this Agreement to an Entity wholly-owned, directly Affiliated Person as to Tenant or indirectly, by Marriott the Guarantor which retains all or substantially all of the assets of the brand or brands not so transferred. Any sublease , provided all of space the Collective Leased Properties or Other Leases operated under the same brand or brands are so subleased or assigned, as the case may be; and (c) in the event that Landlord transfers the Leased Property to any Affiliated a Person of Tenant or Marriott shall be on commercially reasonable terms; provided, however, that any sublease of space to or for use by Marriott other than HPT or any Affiliated Person as to HPT or Landlord (unless all of Marriott for time-share sales and/or marketing activities (which shall not cover more than six hundred (600) square feet of area without Landlordthe Other Leases are simultaneously transferred to the same Person), assign Tenant's prior written consent) shall not be required rights under this Agreement to be on commercially reasonable termsan Affiliated Person as to Tenant or the Guarantor.

Permitted Sublease and Assignment. Notwithstanding the foregoing, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, without Landlord's consent, (a) sublease space at the Leased Property designated on the Plans and Specifications (as defined in the Purchase Agreement) for newsstand, gift shop, parking garage, health club, restaurant, bar, retail, food concession, arcades, game rooms, rental car desk, travel office or commissary purposes or similar concessions in furtherance of the Permitted Use; (b) sublease additional space at the Leased Property for any such ancillary uses, so long as such additional subleases do not demise, in the aggregate, in excess of 600 six hundred (600) square feet (exclusive of any parking garage subleases), and will not violate or affect any Legal Requirement or Insurance Requirement; (c) sublease space at the Leased Property for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities, so long as such subleases do not demise, in the aggregate, in excess of six hundred (600) square feet of area; and (d) in the event that there is a Corporate Transfer permitted pursuant to Section 16.1(b), as a result of which all or substantially all of the assets with respect to one or two, but not all, of the Residence Inn, Courtyard, SpringHill Suites Inn or TownePlace Suites brands are transferred to a Person that is not an Affiliated Person as to MarriottTenant, sublease the Leased Property or assign Tenant's rights under this Agreement to an Entity wholly-owned, directly or indirectly, by Marriott the Guarantor which retains all or substantially all of the assets of the brand or brands not so transferred. Any sublease of space to any Affiliated Person of Tenant or Marriott Guarantor shall be on commercially reasonable terms; provided, however, that any sublease of space to or for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities (which shall not cover more than six hundred (600) square feet of area without Landlord's prior written consent) shall not be required to be on commercially reasonable terms.

Permitted Sublease and Assignment. Notwithstanding the foregoing, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, without Landlord's consent, (a) sublease space at the Leased Property designated on the Plans and Specifications (as defined in the Purchase Agreement) for newsstand, gift shop, parking garage, health club, restaurant, bar, retail, food concession, arcades, game rooms, rental car desk, travel office or commissary purposes or similar concessions in furtherance of the Permitted Use; (b) sublease additional space at the Leased Property for any such ancillary uses, so long as such additional subleases do not demise, in the aggregate, in excess of 600 square feet (exclusive of any parking garage subleases), and will not violate or affect any Legal Requirement or Insurance Requirement; (c) sublease space at the Leased Property for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities, so long as such subleases do not demise, in the aggregate, in excess of six hundred (600) square feet of area; and (d) in the event that there is a Corporate Transfer permitted pursuant to Section 16.1(b), as a result of which all or substantially all of the assets with respect to one or twomore, but not all, of the Residence Inn, Courtyard, SpringHill Suites Courtyard by Marriott and the other brand or TownePlace Suites brands for the Collective Leased Properties are transferred to a Person that is not an Affiliated Person as to MarriottTenant, sublease the Leased Property or assign Tenant's rights under this Agreement to an Entity wholly-owned, directly or indirectly, by Marriott the Guarantor which retains all or substantially all of the assets of the brand or brands not so transferred. Any sublease of space to any Affiliated Person of Tenant or Marriott Guarantor shall be on commercially reasonable terms; provided, however, that any sublease of space to or for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities (which shall not cover more than six hundred (600) square feet of area without Landlord's prior written consent) shall not be required to be on commercially reasonable terms.

Permitted Sublease and Assignment. Notwithstanding the foregoing, but subject to the provisions of Section 16.4 and any other express conditions or limitations set forth herein, Tenant may, without Landlord's consent, (a) sublease space at the Leased Property designated on the Plans and Specifications (as defined in the Purchase Agreement) for newsstand, gift shop, parking garage, health club, restaurant, bar, retail, food concession, arcades, game rooms, rental car desk, travel office or commissary purposes or similar concessions in furtherance of the Permitted Use; (b) sublease additional space at the Leased Property for any such ancillary uses, so long as such additional subleases do not demise, in the aggregate, in excess of [600 square feet for Residence Inn, Mira Mesa, California] [600 square feet for Residence Inn, Merrifield, Virginia] [600 square feet for TownePlace Suites, Newark, California] (exclusive of any parking garage subleases), and will not violate or affect any Legal Requirement or Insurance Requirement; (c) sublease space at the Leased Property for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities, so long as such subleases do not demise, in the aggregate, in excess of six hundred (600) square feet of area; and (d) in the event that there is a Corporate Transfer permitted pursuant to Section 16.1(b), as a result of which all or substantially all of the assets with respect to one or two, but not all, of the Residence Inn, Courtyard, SpringHill Suites Inn or TownePlace Suites brands are transferred to a Person that is not an Affiliated Person as to MarriottTenant, sublease the Leased Property or assign Tenant's rights under this Agreement to an Entity wholly-owned, directly or indirectly, by Marriott the Guarantor which retains all or substantially all of the assets of the brand or brands not so transferred. Any sublease of space to any Affiliated Person of Tenant or Marriott Guarantor shall be on commercially reasonable terms; provided, however, that any sublease of space to or for use by Marriott Guarantor or any Affiliated Person of Marriott Guarantor for time-share sales and/or marketing activities (which shall not cover more than six hundred (600) square feet of area without Landlord's prior written consent) shall not be required to be on commercially reasonable terms.