Common use of Remedies for Manager Defaults Clause in Contracts

Remedies for Manager Defaults. A. In the event of a Manager Default that has a material adverse effect on Tenant, but subject in all events to Section 9.02.B below, Tenant shall have the right to: (1) terminate this Agreement with respect to the applicable Hotel under which such Manager Default arose by written notice to Manager, which Termination shall be effective as of the effective date which is set forth in said notice, provided that said effective date shall be at least sixty (60) days (or such longer period required by applicable Legal Requirements concerning the termination of Hotel employees) after the date of such notice; (2) institute forthwith any and all proceedings permitted by law or equity (provided they are not specifically barred under the terms of this Agreement), including, without limitation, actions for specific performance and/or damages; or (3) avail itself of the remedies described in Section 9.03. The parties agree that a Manager Default under Section 9.01.A, 9.01.B, 9.01.C, or 9.01.F will be deemed to have a material adverse effect on Tenant.

Appears in 5 contracts

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

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Remedies for Manager Defaults. A. In the event of a Manager Default that has a material adverse effect on Tenant, but subject in all events to Section 9.02.B below, Tenant shall have the right to: (1) terminate this Agreement with respect to the applicable Hotel under which such Manager Default arose by written notice to Manager, which Termination shall be effective as of the effective date which is set forth in said notice, provided that said effective date shall be at least sixty (60) days (or such longer period required by applicable Legal Requirements concerning the termination of Hotel employees) after the date of such notice; (2) institute forthwith any and all proceedings permitted by law or equity (provided they are not specifically barred under the terms of this Agreement), including, without limitation, actions for specific performance and/or damages; or (3) avail itself of the remedies described in Section 9.03. The parties agree that a Manager Default under Section 9.01.A, 9.01.B, 9.01.C, or 9.01.F will be deemed to have a material adverse effect on Tenant.

Appears in 1 contract

Samples: Management Agreement (Service Properties Trust)

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