Common use of Renovation of the Hotel Clause in Contracts

Renovation of the Hotel. A. Franchisee agrees to perform each item in the Scope of Work by the date set forth in the Scope of Work with respect to such item. Time is of the essence, but the deadline for completion of items in the Scope of Work will be equitably extended by reason of any delay caused by acts of God, the public enemy, strikes, war, governmental restrictions, or other causes beyond Franchisee’s control (excluding for the avoidance of doubt, unavailability of financing), except that no such extension will be made for aggregate delays in excess of thirty (30) days unless a request for additional time is made in writing to Franchisor giving reasons for the delay, and under no circumstances will such extension exceed one hundred and eighty (180) days. In addition, upon Franchisee’s written request and provided Franchisee has diligently pursued renovation of the Hotel, Franchisor may, in its sole discretion, extend the deadlines any item in the Scope of Work. Extension requests will be considered in increments of one or more months, provided, however, no more than two (2) extensions totaling six (6) months in the aggregate will be considered. For any extension, Franchisor will have the right to require Franchisee to pay to Franchisor a nonrefundable extension fee not to exceed Two Thousand Dollars ($2,000) per month for each month of the extension. The extension fee will be paid to Franchisor with the written request for the extension and will be fully refunded in the event Franchisor declines to grant the requested extension. B. Franchisee will obtain all permits and certifications required for lawful renovation, upgrading and operation of the Hotel, including zoning, access, sign, building permits and fire requirements, and will certify in writing to Franchisor, if requested, that all such permits and certifications have been obtained. C. Franchisee will possess or obtain adequate financing for renovation, upgrading and furnishing the Hotel and Franchisee will bear the entire cost of renovation, upgrading, equipping, supplying and furnishing the Hotel, including all FF&E, Electronic Systems and other items and equipment as specified by Franchisor for the System. D. Franchisee will ensure that the Hotel complies with Applicable Law and the Standards, including Franchisor’s Fire Protection and Life Safety standards (even if such standards exceed federal, state or local code requirements). E. During the renovation and upgrading period, Franchisor or its representatives will have the right to visit the job site at any time in order to observe the work and Franchisee will cooperate fully, and will cause its contractors and subcontractors to cooperate fully, with any site visits conducted by Franchisor. F. Franchisee must, upon the completion of the work, provide to Franchisor a written certificate or opinion from its architect, licensed professional engineer, or recognized expert consultant on the Americans with Disabilities Act stating that the Hotel conforms to and complies with the requirements of the Americans with Disabilities Act and all other related or similar state and local laws, regulations and other requirements governing public accommodations for persons with disabilities. The certificate or opinion will be in the form attached to this Change of Ownership Rider as Attachment Two. G. The Hotel is subject to further review by Franchisor to, among other things, ensure that the Hotel complies with the requirements of this Property Improvement Plan Addendum (“PIP Review”). Franchisee must ensure that the Hotel complies with all requirements specified by Franchisor following any PIP Review. Franchisee must cooperate fully, and must cause its contractors and subcontractors to cooperate fully, with any inspections conducted by Franchisor pursuant to any PIP Review. If Franchisor determines that the Scope of Work was not completed to Franchisor’s satisfaction, Franchisee will be charged Franchisor’s then-current fee to perform a re-inspection, which may increase for any subsequent re-inspections until Franchisor determines that the Scope of Work is completed to its satisfaction. H. Franchisor will not be deemed to have approved any work done pursuant to this Property Improvement Plan Addendum unless such approval is set forth in writing and signed by Franchisor’s authorized representative. If such approval is partial or contingent, Franchisee hereby authorizes its general manager of the Hotel or Franchisee’s director of operations (or a person with a different title but similar duties) to acknowledge in writing the additional work to be performed and the time within which such work will be performed, and such written acknowledgement will be binding on Franchisee.

Renovation of the Hotel. A. Franchisee agrees to perform each item in the Scope of Work by the date set forth in the Scope of Work with respect to such item. Time is of the essence, but the deadline for completion of items in the Scope of Work will be equitably extended by reason of any delay caused by acts of God, the public enemy, strikes, war, governmental restrictions, or other causes beyond Franchisee’s control (excluding for the avoidance of doubt, unavailability of financing), except that no such extension will be made for aggregate delays in excess of thirty (30) days unless a request for additional time is made in writing to Franchisor giving reasons for the delay, and under no circumstances will such extension exceed one hundred and eighty (180) days. In addition, upon Franchisee’s written request and provided Franchisee has diligently pursued renovation of the Hotel, Franchisor may, in its sole discretion, extend the deadlines any item in the Scope of Work. Extension requests will be considered in increments of one or more months, provided, however, no more than two (2) extensions totaling six (6) months in the aggregate will be considered. For any extension, Franchisor will have the right to require Franchisee to pay to Franchisor a nonrefundable extension fee not to exceed Two Thousand Dollars ($2,000) per month for each month of the extension. The extension fee will be paid to Franchisor with the written request for the extension and will be fully refunded in the event Franchisor declines to grant the requested extension. B. Franchisee will obtain all permits and certifications required for lawful renovation, upgrading and operation of the Hotel, including zoning, access, sign, building permits and fire requirements, and will certify in writing to Franchisor, if requested, that all such permits and certifications have been obtained. C. Franchisee will possess or obtain adequate financing for renovation, upgrading and furnishing the Hotel and Franchisee will bear the entire cost of renovation, upgrading, equipping, supplying and furnishing the Hotel, including all FF&E, Electronic Systems and other items and equipment as specified by Franchisor for the System. D. Franchisee will ensure that the Hotel complies with Applicable Law and the Standards, including Franchisor’s Fire Protection and Life Safety standards (even if such standards exceed federal, state or local code requirements). E. During the renovation and upgrading period, Franchisor or its representatives will have the right to visit the job site at any time in order to observe the work and Franchisee will cooperate fully, and will cause its contractors and subcontractors to cooperate fully, with any site visits conducted by Franchisor. F. Franchisee must, upon the completion of the work, provide to Franchisor a written certificate or opinion from its architect, licensed professional engineer, or recognized expert consultant on the Americans with Disabilities Act stating either: (i) that the Hotel conforms to and complies with the requirements of the Americans with Disabilities Act and all other related or similar state and local laws, regulations and other requirements governing public accommodations for persons with disabilitiesdisabilities (collectively, “Accessibility Laws”); or (ii) that none of the work set forth in the Scope of Work modifies any portion of the Hotel that affects the Hotel’s compliance with any Accessibility Laws. The certificate or opinion will be in the form attached to this Change of Ownership Rider as Attachment Two. G. The Hotel is subject to further review by Franchisor to, among other things, ensure that the Hotel complies with the requirements of this Property Improvement Plan Addendum (“PIP Review”). Franchisee must ensure that the Hotel complies with all requirements specified by Franchisor following any PIP Review. Franchisee must cooperate fully, and must cause its contractors and subcontractors to cooperate fully, with any inspections conducted by Franchisor pursuant to any PIP Review. If Franchisor determines that the Scope of Work was not completed to Franchisor’s satisfaction, Franchisee will be charged Franchisor’s then-current fee to perform a re-inspection, which may increase for any subsequent re-inspections until Franchisor determines that the Scope of Work is completed to its satisfaction. H. Franchisor will not be deemed to have approved any work done pursuant to this Property Improvement Plan Addendum unless such approval is set forth in writing and signed by Franchisor’s authorized representative. If such approval is partial or contingent, Franchisee hereby authorizes its general manager of the Hotel or Franchisee’s director of operations (or a person with a different title but similar duties) to acknowledge in writing the additional work to be performed and the time within which such work will be performed, and such written acknowledgement will be binding on Franchisee.

Renovation of the Hotel. A. Franchisee agrees to perform each item in the Scope of Work by the date set forth in the Scope of Work with respect to such itemitem and Franchisee agrees that it will not use any portion of the Reserve to pay for the Scope of Work. Time is of the essence, but the deadline for completion of items in the Scope of Work will be equitably extended by reason of any delay caused by acts of God, the public enemy, strikes, war, governmental restrictions, or other causes beyond Franchisee’s control (excluding for the avoidance of doubt, unavailability of financing), except that no such extension will be made for aggregate delays in excess of thirty (30) days unless a request for additional time is made in writing to Franchisor giving reasons for the delay, and under no circumstances will such extension exceed one hundred and eighty (180) days. In addition, upon Franchisee’s written request and provided Franchisee has diligently pursued renovation of the Hotel, Franchisor may, in its sole discretion, extend the deadlines any item in the Scope of Work. Extension requests will be considered in increments of one or more months, provided, however, no more than two (2) extensions totaling six (6) months in the aggregate will be considered. For any extension, Franchisor will have the right to require Franchisee to pay to Franchisor a nonrefundable extension fee not to exceed Two Thousand Dollars ($2,000) per month for each month of the extension. The extension fee will be paid to Franchisor with the written request for the extension and will be fully refunded in the event Franchisor declines to grant the requested extension. B. Franchisee will obtain all permits and certifications required for lawful renovation, upgrading and operation of the Hotel, including zoning, access, sign, building permits and fire requirements, and will certify in writing to Franchisor, if requested, that all such permits and certifications have been obtained. C. Franchisee will possess or obtain adequate financing for renovation, upgrading and furnishing the Hotel and Franchisee will bear the entire cost of renovation, upgrading, equipping, supplying and furnishing the Hotel, including all FF&E, Electronic Systems and other items and equipment as specified by Franchisor for the System. D. Franchisee will ensure that the Hotel complies with Applicable Law and the Standards, including Franchisor’s Fire Protection and Life Safety standards (even if such standards exceed federal, state or local code requirements). E. During the renovation and upgrading period, Franchisor or its representatives will have the right to visit the job site at any time in order to observe the work and Franchisee will cooperate fully, and will cause its contractors and subcontractors to cooperate fully, with any site visits conducted by Franchisor. F. Franchisee must, upon the earlier of (i) completion of the workwork or (ii) the first anniversary of the Effective Date, provide to Franchisor a written certificate or opinion from its architect, licensed professional engineer, or recognized expert consultant on the Americans with Disabilities Act stating that the Hotel conforms to and complies with the requirements of the Americans with Disabilities Act Act, the related federal regulations, and all other related or similar applicable state and local laws, regulations and other requirements governing public accommodations for persons with disabilities. If the completion date for any item or items set forth in the Scope of Work extends beyond the first anniversary of the Effective Date, Franchisee must provide an additional certificate to Franchisor with respect to such item or items upon final completion of all work related to any and all such items. The certificate or opinion will be in the form attached to this Change of Ownership Rider as Attachment Two. G. The Hotel is subject to further review by Franchisor to, among other things, ensure that the Hotel complies with the requirements of this Property Improvement Plan Addendum (“PIP Review”). Franchisee must ensure that the Hotel complies with all requirements specified by Franchisor following any PIP Review. Franchisee must cooperate fully, and must cause its contractors and subcontractors to cooperate fully, with any inspections conducted by Franchisor pursuant to any PIP Review. If Franchisor determines that the Scope of Work was not completed to Franchisor’s satisfaction, Franchisee will be charged Franchisor’s then-current fee to perform a re-inspection, which may increase for any subsequent re-inspections until Franchisor determines that the Scope of Work is completed to its satisfaction. H. Franchisor will not be deemed to have approved any work done pursuant to this Property Improvement Plan Addendum unless such approval is set forth in writing and signed by Franchisor’s authorized representative. If such approval is partial or contingent, Franchisee hereby authorizes its general manager of the Hotel or Franchisee’s director of operations (or a person with a different title but similar duties) to acknowledge in writing the additional work to be performed and the time within which such work will be performed, and such written acknowledgement will be binding on Franchisee. I. BUILDING INTERIOR - GENERAL Décor Package Requirement – Must use Uptown package or submit a custom décor package for Marriott review and approval prior to installation. 1. Implement the current design concepts in the public space and guestrooms, pursuant to the published design requirements, and all remaining requirements of a 6 year renovation per TownePlace Suites renovation standards. The completed renovation must comply with the TownePlace Suites renovation requirements and product specifications that are most current at the time of the renovation. All renovation information can be accessed on the CFRST New Build and Renovation web site. (Buzzsaw) 5/2015 in connection with the next renovation and upgrade required pursuant to Section VII.D. of the Franchise Agreement. II. FIRE PROTECTION / LIFE SAFETY 1. There should be no storage within 18” of any sprinkler head - Remove storage from within 18” of sprinkler head in main riser/engineering shop, back office, meeting room closets, employee break room, laundry room, & breakfast prep room. 2. Store all flammable containers i.e. paint, etc– in a yellow fire proof cabinet in engineering shop.

Renovation of the Hotel. A. Franchisee agrees to perform each item in the Scope of Work by the date set forth in the Scope of Work with respect to such itemitem and Franchisee agrees that it will not use any portion of the Reserve to pay for the Scope of Work. Time is of the essence, but the deadline for completion of items in the Scope of Work will be equitably extended by reason of any delay caused by acts of God, the public enemy, strikes, war, governmental restrictions, or other causes beyond Franchisee’s control (excluding for the avoidance of doubt, unavailability of financing), except that no such extension will be made for aggregate delays in excess of thirty (30) days unless a request for additional time is made in writing to Franchisor giving reasons for the delay, and under no circumstances will such extension exceed one hundred and eighty (180) days. In addition, upon Franchisee’s written request and provided Franchisee has diligently pursued renovation of the Hotel, Franchisor may, in its sole discretion, extend the deadlines any item in the Scope of Work. Extension requests will be considered in increments of one or more months, provided, however, no more than two (2) extensions totaling six (6) months in the aggregate will be considered. For any extension, Franchisor will have the right to require Franchisee to pay to Franchisor a nonrefundable extension fee not to exceed Two Thousand Dollars ($2,000) per month for each month of the extension. The extension fee will be paid to Franchisor with the written request for the extension and will be fully refunded in the event Franchisor declines to grant the requested extension. B. Franchisee will obtain all permits and certifications required for lawful renovation, upgrading and operation of the Hotel, including zoning, access, sign, building permits and fire requirements, and will certify in writing to Franchisor, if requested, that all such permits and certifications have been obtained. C. Franchisee will possess or obtain adequate financing for renovation, upgrading and furnishing the Hotel and Franchisee will bear the entire cost of renovation, upgrading, equipping, supplying and furnishing the Hotel, including all FF&E, Electronic Systems and other items and equipment as specified by Franchisor for the System. D. Franchisee will ensure that the Hotel complies with Applicable Law and the Standards, including Franchisor’s Fire Protection and Life Safety standards (even if such standards exceed federal, state or local code requirements). E. During the renovation and upgrading period, Franchisor or its representatives will have the right to visit the job site at any time in order to observe the work and Franchisee will cooperate fully, and will cause its contractors and subcontractors to cooperate fully, with any site visits conducted by Franchisor. F. Franchisee must, upon the earlier of (i) completion of the workwork or (ii) the first anniversary of the Effective Date, provide to Franchisor a written certificate or opinion from its architect, licensed professional engineer, or recognized expert consultant on the Americans with Disabilities Act stating that the Hotel conforms to and complies with the requirements of the Americans with Disabilities Act Act, the related federal regulations, and all other related or similar applicable state and local laws, regulations and other requirements governing public accommodations for persons with disabilities. If the completion date for any item or items set forth in the Scope of Work extends beyond the first anniversary of the Effective Date, Franchisee must provide an additional certificate to Franchisor with respect to such item or items upon final completion of all work related to any and all such items. The certificate or opinion will be in the form attached to this Change of Ownership Rider as Attachment Two. G. The Hotel is subject to further review by Franchisor to, among other things, ensure that the Hotel complies with the requirements of this Property Improvement Plan Addendum (“PIP Review”). Franchisee must ensure that the Hotel complies with all requirements specified by Franchisor following any PIP Review. Franchisee must cooperate fully, and must cause its contractors and subcontractors to cooperate fully, with any inspections conducted by Franchisor pursuant to any PIP Review. If Franchisor determines that the Scope of Work was not completed to Franchisor’s satisfaction, Franchisee will be charged Franchisor’s then-current fee to perform a re-inspection, which may increase for any subsequent re-inspections until Franchisor determines that the Scope of Work is completed to its satisfaction. H. Franchisor will not be deemed to have approved any work done pursuant to this Property Improvement Plan Addendum unless such approval is set forth in writing and signed by Franchisor’s authorized representative. If such approval is partial or contingent, Franchisee hereby authorizes its general manager of the Hotel or Franchisee’s director of operations (or a person with a different title but similar duties) to acknowledge in writing the additional work to be performed and the time within which such work will be performed, and such written acknowledgement will be binding on Franchisee.. TO PROPERTY IMPROVEMENT PLAN ADDENDUM In connection with the Fairfield Inn & Suites by Marriott Charlotte/Matthews, NC (the “Hotel”), I hereby represent and certify to Apple Ten Hospitality Management, Inc. and to Marriott International, Inc. that: (i) I have used professionally reasonable efforts to ensure that the Hotel conforms to and complies with the design standards and requirements of the Americans with Disabilities Act (“ADA”), the ADA Architectural Guidelines (“ADAAG”), and all other related or similar state and local laws, regulations, and other requirements governing public accommodations for persons with disabilities in effect at the time that this certification is made, and (ii) In my professional judgment, the Hotel does in fact conform to and comply with such design standards and requirements. By: Print Name: Firm: Date: