Common use of Survival of Right of First Refusal Clause in Contracts

Survival of Right of First Refusal. Except for termination of this Agreement under Section 17.4.A(3), Franchisee agrees that Franchisor’s rights under Section 17.4 will survive early termination of this Agreement (as opposed to expiration of this Agreement as provided in Section 4.1) and will bind Franchisee and its Affiliates, if the events in either Section 17.6.A or Section 17.6.B occur: A. before or within six (6) months after termination of this Agreement, a proposed Transfer to a Competitor occurs with respect to the Hotel, Franchisee or an Affiliate, or an Ownership Interest in either Franchisee or such Affiliate; and (1) this Agreement is terminated under (x) Sections 19.1.K or L, (y) Section 19.2.B or (z) Section 19.2.D based upon a violation of Section 13.2; or (2) this Agreement is terminated under Sections 19.1.A, B, C, D or E and an Affiliate, principal, or director of Franchisee obtains possession of the Hotel, or such Affiliate, principal, or director is the party filing the suit or seeking the execution or foreclosure referenced in Section 19.1. B. there is a purported early termination of this Agreement (as opposed to expiration of this Agreement as provided in Section 4.1) by Franchisee and before or within six (6) months after such purported termination, a proposed Transfer to a Competitor occurs with respect to the Hotel, the Franchisee or an Affiliate of Franchisee, or an Ownership Interest in either Franchisee or such Affiliate.

Survival of Right of First Refusal. Except for termination of this Agreement under pursuant to Section 17.4.A(3)5.A.(3) above, Franchisee Owner agrees that Franchisor’s rights under Section 17.4 5 will survive early termination of this Agreement (as opposed to expiration of this Agreement as provided in Section 4.112 hereof) and will bind Franchisee Owner and its Affiliates, if the events in either Section 17.6.A 5.G.(1) or Section 17.6.B 5.G.(2) occur: A. (1) before or within six (6) months after termination of this Agreement, a proposed Transfer to a Competitor occurs with respect to the Hotel, Franchisee Owner or an Affiliate, or an Ownership Interest in either Franchisee Owner or such Affiliate; and (1a) this the Franchise Agreement is terminated under (x) Sections 19.1.K or L, ; or (y) Section 19.2.B 19.2.B; or (z) Section 19.2.D based upon a violation of Section 13.2; or (2b) this the Franchise Agreement is terminated under Sections Section 19.1.A, B, C, D or E and an Affiliate, principal, or director of Franchisee Owner obtains possession of the Hotel, or such Affiliate, principal, or director is the party filing the suit or seeking the execution or foreclosure referenced in Section 19.1. B. (2) there is a purported early termination of this Agreement (as opposed to expiration of this Agreement as provided in Section 4.112 of this Agreement) by Franchisee Owner and before or within six (6) months after such purported termination, a proposed Transfer to a Competitor occurs with respect to the Hotel, the Franchisee Owner or an Affiliate of FranchiseeOwner, or an Ownership Interest in either Franchisee Owner or such Affiliate.

Survival of Right of First Refusal. Except for termination of this Agreement under pursuant to Section 17.4.A(3)5.A(3) above, Franchisee Owner agrees that Franchisor’s rights under Section 17.4 5 will survive early termination of this Agreement (as opposed to expiration of this Agreement as provided in Section 4.112 hereof) and will bind Franchisee Owner and its Affiliates, if the events in either Section 17.6.A 5.G(1) or Section 17.6.B 5.G(2) occur: A. (1) before or within six (6) months after termination of this Agreement, a proposed Transfer to a Competitor occurs with respect to the Hotel, Franchisee Owner or an Affiliate, or an Ownership Interest in either Franchisee Owner or such Affiliate; and (1a) this the Franchise Agreement is terminated under (x) Sections 19.1.K or L, ; (y) Section 19.2.B 19.2.B; or (z) Section 19.2.D based upon a violation of Section 13.2; or (2b) this the Franchise Agreement is terminated under Sections Section 19.1.A, B, C, D or E and an Affiliate, principal, or director of Franchisee Owner obtains possession of the Hotel, or such Affiliate, principal, or director is the party filing the suit or seeking the execution or foreclosure referenced in Section 19.1. B. (2) there is a purported early termination of this Agreement (as opposed to expiration of this Agreement as provided in Section 4.112 of this Agreement) by Franchisee Owner and before or within six (6) months after such purported termination, a proposed Transfer to a Competitor occurs with respect to the Hotel, the Franchisee Owner or an Affiliate of FranchiseeOwner, or an Ownership Interest in either Franchisee Owner or such Affiliate.