Common use of Safes and Baggage Clause in Contracts

Safes and Baggage. On the date of Closing, Seller shall cause the delivery to Purchaser of all of Seller’s keys to the safes in the Hotel. On the date of Closing, Seller shall give written notices to those persons who have deposited items in the safes, advising them of the sale of the Hotel to Purchaser and requesting the removal or verification of their contents in the safes. All such removals or verifications on the date of Closing shall be under the supervision of Seller’s and Purchaser’s respective representatives. All contents that are to remain in the safes shall be recorded. Items belonging to guests who have not responded to such written notice by so removing and verifying their safe contents by the end of the date of Closing shall be recorded in the presence of the respective representatives. Any such contents so verified and recorded and thereafter remaining in the hands of Purchaser shall be the responsibility of Purchaser, and Purchaser hereby agrees to indemnify, defend and hold Seller harmless from and against any liability therefor (except to the extent that Operator would bear liability to Purchaser for such matters under the New HMA). Seller hereby agrees to indemnify and hold Purchaser harmless from and against any liability arising from claims by guests for any loss of contents in the safe not recorded on the date of Closing or based on damage occurring prior to the date of Closing which is verified and recorded on the date of Closing. On the date of Closing, representatives of Purchaser and Seller shall take an inventory of all baggage, valises and trunks checked or left in the care of Seller. From and after the date of Closing, Purchaser shall be responsible for all baggage listed in said inventory, and Purchaser hereby agrees to indemnify, defend and hold Seller harmless from and against any liability therefor (except to the extent that Operator would bear liability to Purchaser for such matters under the New HMA). Seller shall remain liable for any acts or omissions with respect to such baggage which occurred prior to the date of Closing as well as for claimed omissions from said inventory, and Seller hereby agrees to indemnify and hold Purchaser harmless from and against any liability therefor.

Safes and Baggage. A. On the date of Closing, Closing Date Seller shall cause the delivery to Purchaser of all of Seller’s 's keys to all safes and safety deposit boxes (collectively, the safes "safes") at the Properties not then in use by guests at the HotelProperties. On or prior to the date of ClosingClosing Date, Seller shall give written notices to those persons who have deposited items in the safes, advising them of the sale of the Hotel applicable Property to Purchaser and requesting the removal or verification of their contents in the safessafes on the Closing Date. All such removals or verifications on the date of Closing Date shall be under the supervision of Seller’s 's and Purchaser’s 's respective representatives. All contents that which are to remain in the safes shall be recorded. Items belonging to guests who have not responded to such written notice by so removing and or verifying their safe contents by the end of the date of Closing day shall be recorded in the presence of the respective representatives. Any such contents so verified and or recorded and thereafter remaining in the hands of Purchaser shall be the responsibility of Purchaser, Purchaser and Purchaser hereby agrees to indemnify, defend and hold Seller harmless from and against any liability therefor (except to the extent that Operator would bear liability to Purchaser for such matters under the New HMAincluding, without limitation, reasonable lawyers' fees and disbursements). Seller hereby agrees to indemnify and hold Purchaser harmless from and against any liability (including, without limitation, reasonable lawyers' fees and disbursements) -10- C/M: 11752.0002 350869.22 arising from claims by guests for any loss of contents in the safe safes not verified or recorded on the date of Closing or based on damage occurring prior to the date of Closing which is verified and recorded on the date of Closing. Date. B. On the date of Closing, Closing Date representatives of Purchaser and Seller shall take an inventory of all baggage, valises valises, trunks and trunks parcels and all laundry or valet packages checked or left in the care of SellerSeller at the Properties. From and after the date of ClosingClosing Date, Purchaser shall be responsible for all baggage items listed in said inventory, inventory and Purchaser hereby indemnifies and agrees to indemnify, defend and hold Seller harmless from and against any liability therefor (except to the extent that Operator would bear liability to Purchaser for such matters under the New HMAincluding reasonable lawyers' fees and disbursements). Seller shall remain liable for any acts negligence or omissions malfeasance with respect to such baggage which occurred prior to the date of Closing Date as well as for claimed omissions from said inventory, and Seller hereby indemnifies and agrees to indemnify and hold Purchaser harmless from and against any liability therefortherefor (including reasonable lawyers' fees and disbursements). C. The provisions of this Section 10 shall survive the Closing Date.

Safes and Baggage. (a) On the date of ClosingClosing Date, Seller shall cause the delivery to Purchaser of all of Seller’s 's keys to all safe deposit boxes (the safes in "Safes") at the HotelProperties. On or prior to the date of ClosingClosing Date, Seller shall give written notices to those persons who have deposited items in the safessuch Safes, advising them of the sale of the Hotel Properties to Purchaser and requesting the removal or verification of their contents in the safesSafes on the Closing Date. All such removals or verifications on the date of Closing Date shall be under the supervision of Seller’s 's and Purchaser’s 's respective representatives. All contents that which are to remain in the safes Safes shall be recorded. Items Safes containing items belonging to guests who have not responded to such written notice by so removing and or verifying their safe Safe contents by the end of the date day and which cannot be opened without the key in the possession of Closing such guest shall be sealed until such time as the guest appears, at which time the Safe shall be opened and the contents recorded in the presence of the respective representatives. Until that time, Purchaser shall indemnify, defend and hold Seller harmless from and against any liability for loss or theft of such contents and Seller shall assign to Purchaser its rights to any insurance proceeds covering such Safes. Any such contents so verified and or recorded and thereafter remaining in the hands of Purchaser shall be the responsibility of Purchaser, Purchaser and Purchaser hereby agrees to indemnify, defend and hold Seller harmless from and against any liability therefor therefor. (except to the extent that Operator would bear liability to Purchaser for such matters under the New HMA). Seller hereby agrees to indemnify and hold Purchaser harmless from and against any liability arising from claims by guests for any loss of contents in the safe not recorded on the date of Closing or based on damage occurring prior to the date of Closing which is verified and recorded on the date of Closing. b) On the date of Closing, Closing Date representatives of Purchaser and Seller shall take an inventory of all baggage, valises valises, trunks and trunks packages checked or left in the care of SellerSeller at the Properties. From and after the date of ClosingClosing Date, Purchaser shall be responsible for all baggage listed in said inventory, inventory and Purchaser hereby indemnifies and agrees to indemnify, defend and hold Seller harmless from and against any liability therefor (except to the extent that Operator would bear liability to Purchaser for such matters under the New HMA). Seller shall remain liable for any acts or omissions with respect to such baggage which occurred prior to the date of Closing as well as for claimed omissions from said inventory, and Seller hereby agrees to indemnify and hold Purchaser harmless from and against any liability therefor. (c) The provisions of this Section 9.5 shall survive the Closing Date ----------- for a period of six (6) months.

Safes and Baggage. (a) On the date of Closing, Closing Date Seller shall cause the delivery to Purchaser of all of Seller’s 's keys to all safes and safe deposit boxes (collectively, the safes in "safes") at the HotelProperty. On or prior to the date of ClosingClosing Date, Seller shall give written notices to those persons who have deposited items in the such safes, advising them of the sale of the Hotel to Purchaser and requesting the removal or verification of their contents in the safessafes on the Closing Date. All such removals or verifications on the date of Closing Date shall be under the supervision of Seller’s 's and Purchaser’s 's respective representatives. All contents that which are to remain in the safes shall be recorded. Items Safes containing items belonging to guests who have not responded to such written notice by so removing and or verifying their safe contents by the end of the date day and which cannot be opened without the key in the possession of Closing such guest shall be sealed until such time as the guest appears, at which time the safe shall be opened and the contents recorded in the presence of the respective representatives. Until that time, Purchaser shall indemnify, defend and hold Seller harmless from and against any liability for loss or theft of such contents and Seller shall assign to Purchaser its rights to any insurance proceeds covering such safes. Any such contents so verified and or recorded and thereafter remaining in the hands of Purchaser shall be the responsibility of Purchaser, Purchaser and Purchaser hereby agrees to indemnify, defend and hold Seller harmless from and against any liability therefor therefor. (except to the extent that Operator would bear liability to Purchaser for such matters under the New HMA). Seller hereby agrees to indemnify and hold Purchaser harmless from and against any liability arising from claims by guests for any loss of contents in the safe not recorded on the date of Closing or based on damage occurring prior to the date of Closing which is verified and recorded on the date of Closing. b) On the date of Closing, Closing Date representatives of Purchaser and Seller shall take an inventory of all baggage, valises and trunks checked or left in the care of SellerSeller at the Hotel. From and after the date of ClosingClosing Date, Purchaser shall be responsible for all baggage listed in said inventory, inventory and Purchaser hereby indemnifies and agrees to indemnify, defend and hold Seller harmless from and against any liability therefor (except to the extent that Operator would bear liability to Purchaser for such matters under the New HMA). Seller shall remain liable for any acts or omissions with respect to such baggage which occurred prior to the date of Closing as well as for claimed omissions from said inventory, and Seller hereby agrees to indemnify and hold Purchaser harmless from and against any liability therefor. (c) The provisions of this Section 16.14 shall survive the Closing Date for a period of one (1) year.