Common use of Tenant Events of Default Clause in Contracts

Tenant Events of Default. Each of the following shall constitute a “Tenant Event of Default” to the extent permitted by applicable law: A. The filing by Tenant or SVC of a voluntary petition in bankruptcy or insolvency or a petition for reorganization under any bankruptcy law, or the admission by Tenant that it is unable to pay its debts as they become due, or the institution of any proceeding by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. B. The consent by Tenant or SVC to an involuntary petition in bankruptcy or the failure to vacate, within ninety (90) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.B, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. C. The entering of an order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Tenant or SVC as bankrupt or insolvent or approving a petition seeking reorganization or appointing a receiver, trustee, or liquidator of all or a substantial part of Tenant’s or SVC’s assets, and such order, judgment or decree’s continuing unstayed and in effect for an aggregate of sixty (60) days (whether or not consecutive). Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.C, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. D. The failure of Tenant to make any payment (or cause to be made any payment by any Affiliate of Tenant which is a party thereto) required to be made in accordance with the terms of this Agreement or any Incidental Document on or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure such Tenant Event of Default (1) within any applicable notice and cure period, if any, provided in the document pursuant to which such payment is to be made, or (2) otherwise, eight (8) days after receipt of written notice from the other party to such document demanding such cure. E. The failure of Tenant, SVC or Landlord to perform, keep or fulfill any of the other covenants, undertakings, obligations or conditions set forth in this Agreement or any Incidental Document. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.E, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure the Tenant Event of Default within thirty (30) days after receipt of written notice from Manager demanding such cure, or, if the Tenant Event of Default is susceptible of cure, but such cure cannot be accomplished within said thirty (30)-day period of time, if Tenant fails to commence the cure of such Tenant Event of Default within fifteen (15) days of such notice or thereafter fails to diligently pursue such efforts to completion. F. The failure of Tenant to maintain insurance coverages elected to be maintained by Tenant under Article VI hereof (excluding insurance maintained by Manager pursuant thereto), and such failure shall constitute a Tenant Default hereunder if it continues for eight (8) days after written notice thereof from Manager (except that no notice shall be required if any such insurance coverage shall have lapsed). G. Any material representation or warranty made by Tenant or any Affiliate in this Agreement or in any Incidental Document proves to have been false in any material respect on the date when made or deemed made, and the same shall constitute a Tenant Default if Tenant fails to cure or change the fact or event which caused such representation or warranty to have been false when made within fifteen (15) Business Days of receiving notice of such falseness from Manager; provided, however, that if such default is susceptible of cure but such cure cannot reasonably be accomplished with the use of due diligence within such period of time and if, in addition, Tenant commences to cure or cause to be cured such default within fifteen (15) Business Days after receiving notice thereof from Manager and thereafter prosecutes the cure of such default with due diligence, such period of time shall be extended to such period of time as may be reasonably necessary to cure such default with due diligence. H. The occurrence of an event of default beyond any applicable notice and cure period under any obligation, agreement, instrument or document which is secured in whole or in part by Tenant’s or Landlord’s interest in any Hotel or should the holder of such security accelerate the indebtedness secured thereby or commence a foreclosure thereof. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.H, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement.

Tenant Events of Default. Each of the The following actions or events shall constitute a “Tenant Event of Default” to the extent permitted by applicable law: A. The filing by Tenant or SVC (any of a voluntary petition in bankruptcy or insolvency or a petition for reorganization under any bankruptcy law, or the admission by Tenant that it is unable to pay its debts as they become due, or the institution of any proceeding by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A, said Tenant or Manager Event of Default shall be deemed a Default, an “Tenant Event of Default” ”) under this Agreement.: B. The consent (a) if there shall be instituted by or against Tenant an insolvency or SVC to an involuntary petition in bankruptcy proceeding under any law or the failure to vacate, within ninety (90) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence statute of any Tenant Event of Default jurisdiction as described under this Section 9.06.Bnow existing or hereafter amended or becoming effective, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. C. The entering of an order, judgment or decree by any court of competent jurisdiction, on which proceeding (in the application case of a creditor, adjudicating Tenant proceeding instituted against Tenant) is not discharged or SVC as bankrupt or insolvent or approving dismissed within a petition seeking reorganization or appointing a receiver, trustee, or liquidator of all or a substantial part of Tenant’s or SVC’s assets, and such order, judgment or decree’s continuing unstayed and in effect for an aggregate period of sixty (60) consecutive days (whether after the date on which such proceeding shall have been instituted; or not consecutive). Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.C, said Tenant Event of Default if there shall be deemed appointed a “receiver for Tenant; or if Tenant Default” under this Agreement.shall make an assignment for the benefit of creditors; D. The failure of Tenant to make any payment (or cause to be made any payment by any Affiliate of Tenant which is a party theretob) required to be made in accordance with the terms of this Agreement or any Incidental Document on or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure pay to Manager, as and when required herein, the fees and other amounts due to Manager following the date on which a foreclosure, deed-in-lieu of foreclosure or similar exercise of remedies under the Mortgage has occurred (such Tenant Event of Default that Manager and Landlord are no longer affiliated entities) or during the Transition Period; provided that Manager (1) within any applicable notice and cure periodnot Tenant, if any, provided in the document pursuant to which Section 13.2.2) is performing the duties and obligations of Manager hereunder (and if such payment is failure to be madepay Manager such fees and other amounts continues for fifteen (15) days following receipt by Tenant, Landlord and Mortgagee of a written notice identifying such failure); and (c) other than as set forth in (a) or (2b) otherwiseabove, eight if, following the date on which a foreclosure, deed-in-lieu of foreclosure or similar exercise of remedies under the Mortgage has occurred (8) days after receipt of written notice from the other party to such document demanding such cure. E. The failure of Tenantthat Manager and Landlord are no longer affiliated entities), SVC Tenant or Landlord (or Mortgagee, on its or their behalf) fails to perform, keep or fulfill perform any of the other material covenants, undertakings, duties or obligations or conditions set forth in this Agreement or any Incidental Document. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.E, said Tenant Event of Default shall to be deemed a “Tenant Default” under this Agreement if Tenant fails to cure the Tenant Event of Default performed by such Party that is not cured within thirty (30) days after receipt of written notice from Manager demanding such cure, or, if the Tenant Event of Default is susceptible of cure, but such cure cannot be accomplished within said thirty (30)-day period of time, if Tenant fails to commence the cure of such Tenant Event of Default within fifteen (15) days of such notice or thereafter fails to diligently pursue such efforts to completion. F. The failure of Tenant to maintain insurance coverages elected to be maintained by Tenant under Article VI hereof (excluding insurance maintained by Manager pursuant thereto), and such failure shall constitute a Tenant Default hereunder if it continues for eight (8) days after written notice thereof from Manager (except that no notice shall be required if any such insurance coverage shall have lapsed). G. Any material representation or warranty made by Tenant or any Affiliate in this Agreement or in any Incidental Document proves to have been false in any material respect on the date when made or deemed made, and the same shall constitute a Tenant Default if Tenant fails to cure or change the fact or event which caused such representation or warranty to have been false when made within fifteen (15) Business Days of receiving following notice of such falseness default from ManagerManager to Tenant, Landlord and Mortgagee; provided, however, that if such (i) the default is not susceptible of cure within a thirty (30) day period but is susceptible of cure but such cure within a one hundred twenty (120) day period; (ii) the default cannot reasonably be accomplished with cured solely by the use payment of due diligence within such a sum of money; and (iii) the default would not expose Manager to an imminent and material risk of criminal liability or of material damage to its business reputation, the thirty (30) day cure period shall be extended for up to an additional ninety (90) days (for an aggregate cure period of time and if, in addition, Tenant up to one hundred twenty (120) days) if the defaulting Party commences to cure or cause to be cured such the default within fifteen such thirty (1530) Business Days after receiving notice thereof from Manager day period and thereafter prosecutes the cure of proceeds with reasonable diligence to complete such default with due diligence, such period of time shall be extended to such period of time as may be reasonably necessary to cure such default with due diligencecure. H. The occurrence of an event of default beyond any applicable notice and cure period under any obligation, agreement, instrument or document which is secured in whole or in part by Tenant’s or Landlord’s interest in any Hotel or should the holder of such security accelerate the indebtedness secured thereby or commence a foreclosure thereof. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.H, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement.

Tenant Events of Default. Each of the following shall constitute a “Tenant Event of Default” to the extent permitted by applicable law: A. The filing by Tenant or SVC of a voluntary petition in bankruptcy or insolvency or a petition for reorganization under any bankruptcy law, or the admission by Tenant that it is unable to pay its debts as they become due, or the institution of any proceeding by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. B. The consent by Tenant or SVC to an involuntary petition in bankruptcy or the failure to vacate, within ninety (90) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.B, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. C. The entering of an order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Tenant or SVC as bankrupt or insolvent or approving a petition seeking reorganization or appointing a receiver, trustee, or liquidator of all or a substantial part of Tenant’s or SVC’s assets, and such order, judgment or decree’s continuing unstayed and in effect for an aggregate of sixty (60) days (whether or not consecutive). Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.C, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. D. The failure of Tenant to make any payment (or cause to be made any payment by any Affiliate of Tenant which is a party thereto) required to be made in accordance with the terms of this Agreement or any Incidental Document on or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure such Tenant Event of Default (1) within any applicable notice and cure period, if any, provided in the document pursuant to which such payment is to be made, or (2) otherwise, eight (8) days after receipt of written notice from the other party to such document demanding such cure. E. The failure of Tenant, SVC or Landlord to perform, keep or fulfill any of the other covenants, undertakings, obligations or conditions set forth in this Agreement or any Incidental Document. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.E, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure the Tenant Event of Default within thirty (30) days after receipt of written notice from Manager demanding such cure, or, if the Tenant Event of Default is susceptible of cure, but such cure cannot be accomplished within said thirty (30)-day period of time, if Tenant fails to commence the cure of such Tenant Event of Default within fifteen (15) days of such notice or thereafter fails to diligently pursue such efforts to completion. F. The failure of Tenant to maintain insurance coverages elected to be maintained by Tenant under Article VI hereof (excluding insurance maintained by Manager pursuant thereto), and such failure shall constitute a Tenant Default hereunder if it continues for eight (8) days after written notice thereof from Manager (except that no notice shall be required if any such insurance coverage shall have lapsed). G. Any material representation or warranty made by Tenant or any Affiliate in this Agreement or in any Incidental Document proves to have been false in any material respect on the date when made or deemed made, and the same shall constitute a Tenant Default if Tenant fails to cure or change the fact or event which caused such representation or warranty to have been false when made within fifteen (15) Business Days of receiving notice of such falseness from Manager; provided, however, that if such default is susceptible of cure but such cure cannot reasonably be accomplished with the use of due diligence within such period of time and if, in addition, Tenant commences to cure or cause to be cured such default within fifteen (15) Business Days after receiving notice thereof from Manager and thereafter prosecutes the cure of such default with due diligence, such period of time shall be extended to such period of time as may be reasonably necessary to cure such default with due diligence. H. The occurrence of an event of default beyond any applicable notice and cure period under any obligation, agreement, instrument or document which is secured in whole or in part by Tenant’s or Landlord’s interest in any the Hotel or should the holder of such security accelerate the indebtedness secured thereby or commence a foreclosure thereof. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.H, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement.

Tenant Events of Default. Each The occurrence of any of the following shall constitute a an “Tenant Event of Default” to the extent permitted by applicable lawTenant: A. The filing 19.1.1 Any failure by Tenant to pay any Rent or SVC of a voluntary petition in bankruptcy or insolvency or a petition for reorganization any other charge required to be paid under any bankruptcy lawthis Lease, or any part thereof, when due unless such failure is cured within five (5) days after notice; or 19.1.2 Except where a specific time period is otherwise set forth for Tenant’s performance in this Lease, in which event the admission failure to perform by Tenant that it is unable to pay its debts as they become due, or the institution of any proceeding within such time period shall be a default by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A19.1.2, said any failure by Tenant Event to observe or perform any other provision, covenant or condition of Default this Lease to be observed or performed by Tenant where such failure continues for thirty (30) days after written notice thereof from Landlord to Tenant; provided that if the nature of such default is such that the same cannot reasonably be cured within a thirty (30) day period, Tenant shall not be deemed to be in default if it diligently commences such cure within such period and thereafter diligently proceeds to rectify and cure such default, but in no event exceeding a “Tenant Default” under this Agreement. B. The consent by Tenant or SVC to an involuntary petition period of time in bankruptcy or the failure to vacate, within ninety (90) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.B, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. C. The entering of an order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Tenant or SVC as bankrupt or insolvent or approving a petition seeking reorganization or appointing a receiver, trustee, or liquidator of all or a substantial part of Tenant’s or SVC’s assets, and such order, judgment or decree’s continuing unstayed and in effect for an aggregate excess of sixty (60) days (after written notice thereof from Landlord to Tenant; or 19.1.3 To the extent permitted by law, a general assignment by Tenant or any guarantor of this Lease for the benefit of creditors, or the taking of any corporate action in furtherance of bankruptcy or dissolution whether or not consecutive). Upon there exists any proceeding under an insolvency or bankruptcy law, or the occurrence filing by or against Tenant or any guarantor of any proceeding under an insolvency or bankruptcy law, unless in the case of a proceeding filed against Tenant Event or any guarantor the same is dismissed within sixty (60) days, or the appointment of Default as described under this Section 9.06.C, said Tenant Event a trustee or receiver to take possession of Default shall be deemed a “Tenant Default” under this Agreement. D. The failure all or substantially all of the assets of Tenant to make any payment (or cause to be made any payment by any Affiliate of Tenant which is a party thereto) required to be made in accordance with the terms of this Agreement or any Incidental Document on guarantor, unless possession is restored to Tenant or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure such Tenant Event of Default (1) within any applicable notice and cure period, if any, provided in the document pursuant to which such payment is to be made, or (2) otherwise, eight (8) days after receipt of written notice from the other party to such document demanding such cure. E. The failure of Tenant, SVC or Landlord to perform, keep or fulfill any of the other covenants, undertakings, obligations or conditions set forth in this Agreement or any Incidental Document. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.E, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure the Tenant Event of Default guarantor within thirty (30) days after receipt of written notice from Manager demanding such curedays, or, if the Tenant Event of Default is susceptible of cure, but such cure cannot be accomplished within said thirty (30)-day period of time, if Tenant fails to commence the cure of such Tenant Event of Default within fifteen (15) days of such notice or thereafter fails to diligently pursue such efforts to completion. F. The failure of Tenant to maintain insurance coverages elected to be maintained by Tenant under Article VI hereof (excluding insurance maintained by Manager pursuant thereto), and such failure shall constitute a Tenant Default hereunder if it continues for eight (8) days after written notice thereof from Manager (except that no notice shall be required if any such insurance coverage shall have lapsed). G. Any material representation or warranty made by Tenant or any Affiliate in this Agreement execution or in any Incidental Document proves to have been false in any material respect on the date when made other judicially authorized seizure of all or deemed made, and the same shall constitute a Tenant Default if Tenant fails to cure or change the fact or event which caused such representation or warranty to have been false when made within fifteen (15) Business Days substantially all of receiving notice of such falseness from Manager; provided, however, that if such default is susceptible of cure but such cure cannot reasonably be accomplished with the use of due diligence within such period of time and if, in addition, Tenant commences to cure or cause to be cured such default within fifteen (15) Business Days after receiving notice thereof from Manager and thereafter prosecutes the cure of such default with due diligence, such period of time shall be extended to such period of time as may be reasonably necessary to cure such default with due diligence. H. The occurrence of an event of default beyond any applicable notice and cure period under any obligation, agreement, instrument or document which is secured in whole or in part by Tenant’s assets located upon the Premises or Landlordof Tenant’s interest in this Lease, unless such seizure is discharged within thirty (30) days; or 19.1.4 The failure by Tenant to observe or perform according to the provisions of Articles 5, 14, 17 or 18 of this Lease where such failure continues for more than two (2) business days after notice from Landlord. The notice periods provided herein are in lieu of, and not in addition to, any Hotel or should the holder of such security accelerate the indebtedness secured thereby or commence a foreclosure thereof. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.H, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreementnotice periods provided by law.

Tenant Events of Default. Each of the The following shall constitute events, herein individually referred to as a “Tenant "Event of Default” to the extent permitted by applicable law: A. The filing by Tenant or SVC of a voluntary petition in bankruptcy or insolvency or a petition for reorganization under any bankruptcy law", or the admission by Tenant that it is unable to pay its debts as they become due, or the institution of any proceeding by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A, said Tenant Event of Default each shall be deemed a “to be events of nonperformance by Tenant Default” under this Agreement. B. Lease: FREEPORT OFFICE CENTER 9 § Tenant shall fail to pay any installment of the Base Rent or Building Costs within five (5) business days of receipt of written notice from Landlord that such payment is past due or any other payment or reimbursement to Landlord required herein within ten (10) calendar days of receipt of written notice from Landlord that such payment is past due. § The consent by Tenant shall (i) become insolvent; (ii) make a general assignment for the benefit of creditors; (iii) commence any case, proceeding or SVC other action seeking to have an involuntary petition in bankruptcy order for relief entered on its behalf as a debtor or the failure to vacate, within ninety (90) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.B, said Tenant Event of Default shall be deemed adjudicate it a “Tenant Default” under this Agreement. C. The entering of an order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Tenant or SVC as bankrupt or insolvent insolvent, or approving a petition seeking reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts under any law relating to bankruptcy, insolvency, reorganization or appointing relief of debtors or seeking appointment of a receiver, trustee, custodian or liquidator of other similar official for it or for all or a of any substantial part of Tenant’s its property. § Any case, preceding or SVC’s assetsother action against the Tenant hereunder shall be commenced seeking (i) to have an order for relief entered against it as debtor or to adjudicate it a bankrupt insolvent; (ii) reorganization, arrangement, adjustment, liquidation, dissolution or composition of it or its debts under any law relating to bankruptcy, insolvency, reorganization or relief of debtors; (iii) appointment of a receiver, trustee, custodian or other similar official for it or for all or any substantial part of its property, and such ordercase, judgment proceeding or decree’s continuing unstayed and other action (a) results in effect the entry of an order for an aggregate relief against it which it is not fully stayed within ten (10) business days after the entry thereof or (b) shall remain undismissed for a period of sixty (60) days (whether days. § Tenant shall fail to discharge or not consecutive). Upon bond around any lien placed upon the occurrence Project in violation of any Tenant Event of Default as described under this Section 9.06.C, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. D. The failure of Tenant to make any payment (or cause to be made any payment by any Affiliate of Tenant which is a party thereto) required to be made in accordance with the terms 5.9 of this Agreement or any Incidental Document on or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure such Tenant Event of Default (1) within any applicable notice and cure period, if any, provided in the document pursuant to which such payment is to be made, or (2) otherwise, eight (8) days after receipt of written notice from the other party to such document demanding such cure. E. The failure of Tenant, SVC or Landlord to perform, keep or fulfill any of the other covenants, undertakings, obligations or conditions set forth in this Agreement or any Incidental Document. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.E, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure the Tenant Event of Default Lease within thirty (30) days after receipt of written notice from Manager demanding to Tenant that any such curelien or encumbrance is filed against the Project, orunless such lien is contested in good faith by Tenant by appropriate judicial, if the administrative or other comparable proceedings in which case Tenant Event shall bond around such lien. § Tenant shall fail to comply with any term, provision or covenant of Default is susceptible of curethis Lease, but other than those listed in this Section 8.1 and shall not cure such cure cannot be accomplished failure within said thirty (30)-day period of time, if Tenant fails to commence the cure of such Tenant Event of Default within fifteen (1530) days of such notice or thereafter fails to diligently pursue such efforts to completion. F. The failure of Tenant to maintain insurance coverages elected to be maintained by Tenant under Article VI hereof (excluding insurance maintained by Manager pursuant thereto), and such failure shall constitute a Tenant Default hereunder if it continues for eight (8) days after written notice thereof from Manager (except that no notice shall be required if any such insurance coverage shall have lapsed). G. Any material representation or warranty made by to Tenant or any Affiliate in this Agreement or in any Incidental Document proves to have been false in any material respect on the date when made or deemed made, and the same shall constitute a Tenant Default if Tenant fails to cure or change the fact or event which caused such representation or warranty to have been false when made within fifteen (15) Business Days of receiving notice of such falseness from Manager; provided, however, that if such default is susceptible of cure but unless such cure cannot reasonably be accomplished with the use of due diligence within such period of time and ifthirty (30) days, in addition, which event Tenant commences to cure or cause to be cured shall have such default within fifteen (15) Business Days after receiving notice thereof from Manager and thereafter prosecutes the cure of such default with due diligence, such period of time shall be extended to such period of additional time as may be is reasonably necessary to accomplish such cure provided Tenant promptly commences and diligently prosecutes such default with due diligencecure to completion. H. The occurrence of an event of default beyond any applicable notice and cure period under any obligation, agreement, instrument or document which is secured in whole or in part by Tenant’s or Landlord’s interest in any Hotel or should the holder of such security accelerate the indebtedness secured thereby or commence a foreclosure thereof. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.H, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement.

Tenant Events of Default. Each of the following shall constitute a “"Tenant Event of Default” " to the extent permitted by applicable law: A. The filing by Tenant or SVC of a voluntary petition in bankruptcy or insolvency or a petition for reorganization under any bankruptcy law, or the admission by Tenant that it is unable to pay its debts as they become due, or the institution of any proceeding by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A, said Tenant Event of Default shall be deemed a “"Tenant Default” " under this Agreement. B. The consent by Tenant or SVC to an involuntary petition in bankruptcy or the failure to vacate, within ninety (90) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.B, said Tenant Event of Default shall be deemed a “"Tenant Default” " under this Agreement. C. The entering of an order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Tenant or SVC as bankrupt or insolvent or approving a petition seeking reorganization or appointing a receiver, trustee, or liquidator of all or a substantial part of Tenant’s or SVC’s 's assets, and such order, judgment or decree’s 's continuing unstayed and in effect for an aggregate of sixty (60) days (whether or not consecutive). Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.C, said Tenant Event of Default shall be deemed a “"Tenant Default” " under this Agreement. D. The failure of Tenant to make any payment (or cause to be made any payment by any Affiliate of Tenant which is a party thereto) required to be made in accordance with the terms of this Agreement or any Incidental Document on or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “"Tenant Default” " under this Agreement if Tenant fails to cure such Tenant Event of Default (1) within any applicable notice and cure period, if any, provided in the document pursuant to which such payment is to be made, or (2) otherwise, eight (8) days after receipt of written notice from the other party to such document demanding such cure. E. The failure of Tenant, SVC or Landlord Tenant to perform, keep or fulfill any of the other covenants, undertakings, obligations or conditions set forth in this Agreement or any Incidental Document. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.E, said Tenant Event of Default shall be deemed a “"Tenant Default” " under this Agreement if Tenant fails to cure the Tenant Event of Default within thirty (30) days after receipt of written notice from Manager Tenant demanding such cure, or, if the Tenant Event of Default is susceptible of cure, but such cure cannot be accomplished within said thirty (30)-day 30) day period of time, if Tenant Manager fails to commence the cure of such Tenant Event of Default within fifteen (15) days of such notice or thereafter fails to diligently pursue such efforts to completion. F. The failure of Tenant to maintain insurance coverages elected to be maintained by Tenant under Article VI hereof (excluding insurance maintained by Manager pursuant thereto), and such failure shall constitute a Tenant Default hereunder if it continues for eight (8) days after written notice thereof from Manager (except that no notice shall be required if any such insurance coverage shall have lapsed). G. Any material representation or warranty made by Tenant or any Affiliate in this Agreement or in any Incidental Document proves to have been false in any material respect on the date when made or deemed made, and the same shall constitute a Tenant Default if Tenant fails to cure or change the fact or event which caused such representation or warranty to have been false when made within fifteen (15) Business Days of receiving notice of such falseness from Manager; , provided, however, that if such default is susceptible of cure but such cure cancan not reasonably be accomplished with the use of due diligence within such period of time and if, in addition, Tenant commences to cure or cause to be cured such default within fifteen (15) Business Days after receiving notice thereof from Manager and thereafter prosecutes the cure of such default with due diligence, such period of time shall be extended to such period of time as may be reasonably necessary to cure such default with due diligence. H. G. The occurrence of an event of default beyond any applicable notice and cure period under any obligation, agreement, instrument or document which is secured in whole or in part by Tenant’s 's or Landlord’s 's interest in any Hotel or should the holder of such security accelerate the indebtedness secured thereby or commence a foreclosure thereof. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.H9.06.G, said Tenant Event of Default shall be deemed a “"Tenant Default” " under this Agreement.

Tenant Events of Default. Each The occurrence of any of the following shall constitute a “an event of default by Tenant Event of Default” to the extent permitted by applicable lawhereunder: A. The filing of a petition by or against Tenant or any Guarantor for adjudication as a bankrupt or insolvent, or for its reorganization or for the appointment of a receiver or trustee of Tenant's property; an assignment by Tenant for the benefit of creditors or SVC the taking of possession of the property of Tenant by any governmental officer or agency pursuant to statutory authority for the dissolution or liquidation of Tenant. B. Failure of Tenant to pay when due any installment of Rent hereunder or any other sum herein required to be paid by Xxxxxx, and the continuance of such nonpayment for five (5) calendar days after such installment is due. Landlord shall have no obligation to give Tenant any written notice of Xxxxxx’s failure to pay when due any installment of Rent or any other sum herein required to be paid by Xxxxxx, other than as may be required by law for Landlord to pursue its statutory remedies for unlawful detainer. C. Abandonment, vacation or misuse of the Premises by Tenant. D. Tenant fails to observe or perform any of the covenants with respect to a voluntary petition Transfer. E. Tenant’s failure to perform any covenant or condition of this Lease or than the payment of Rent or any other sum herein required to be paid by Xxxxxx, within ten (10) days after written notice and demand from Landlord. F. If Tenant fails more than twice within any twelve (12) month period to observe or perform any covenant, condition or agreement of this Lease, including without limitation the payment of Rent, regardless of whether such defaults shall have been cured by Tenant, the third default shall at the election of Landlord, in bankruptcy its sole and absolute discretion, be deemed a non-curable event of default. G. The death of Tenant or insolvency any guarantor of Tenant’s obligations; or a petition for reorganization under any bankruptcy lawthe commencement of steps or proceedings toward the dissolution, winding up, or other termination of the admission by existence of Tenant that it is unable or of any guarantor of Tenant’s obligations, or toward the liquidation of either of their respective assets. H. Evidence of the inability of Tenant or of any guarantor of Tenant’s Lease obligations to pay its debts as they become due. Such evidence shall include, or but shall not be limited to either of the institution of any proceeding by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. B. The consent following: (a) an admission in writing by Tenant or SVC any such guarantor of its inability to an involuntary petition in bankruptcy pay its debts when due; or the failure to vacate, within ninety (90b) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.B, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. C. The entering of an order, judgment if one or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating more judgments are docketed against Tenant or SVC as bankrupt any such guarantor and is not paid, bonded or insolvent or approving a petition seeking reorganization or appointing a receiver, trustee, or liquidator of all or a substantial part of Tenant’s or SVC’s assets, and such order, judgment or decree’s continuing unstayed and in effect for an aggregate of sixty (60) days (whether or not consecutive). Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.C, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. D. The failure of Tenant to make any payment (or cause to be made any payment by any Affiliate of Tenant which is a party thereto) required to be made in accordance with the terms of this Agreement or any Incidental Document on or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure such Tenant Event of Default (1) within any applicable notice and cure period, if any, provided in the document pursuant to which such payment is to be made, or (2) otherwise, eight (8) days after receipt of written notice from the other party to such document demanding such cure. E. The failure of Tenant, SVC or Landlord to perform, keep or fulfill any of the other covenants, undertakings, obligations or conditions set forth in this Agreement or any Incidental Document. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.E, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure the Tenant Event of Default within thirty (30) days after receipt of written notice from Manager demanding such cure, or, if the Tenant Event of Default is susceptible of cure, but such cure cannot be accomplished within said thirty (30)-day period of time, if Tenant fails to commence the cure of such Tenant Event of Default discharged within fifteen (15) days of such notice or thereafter fails to diligently pursue such efforts to completiondays. F. The failure of Tenant to maintain insurance coverages elected to be maintained by Tenant under Article VI hereof (excluding insurance maintained by Manager pursuant thereto), and such failure shall constitute a Tenant Default hereunder if it continues for eight (8) days after written notice thereof from Manager (except that no notice shall be required if any such insurance coverage shall have lapsed). G. Any material representation or warranty made by Tenant or any Affiliate in this Agreement or in any Incidental Document proves to have been false in any material respect on the date when made or deemed made, and the same shall constitute a Tenant Default if Tenant fails to cure or change the fact or event which caused such representation or warranty to have been false when made within fifteen (15) Business Days of receiving notice of such falseness from Manager; provided, however, that if such default is susceptible of cure but such cure cannot reasonably be accomplished with the use of due diligence within such period of time and if, in addition, Tenant commences to cure or cause to be cured such default within fifteen (15) Business Days after receiving notice thereof from Manager and thereafter prosecutes the cure of such default with due diligence, such period of time shall be extended to such period of time as may be reasonably necessary to cure such default with due diligence. H. I. The occurrence of any other event described elsewhere in the Lease or any amendment thereto, regardless of whether such event is described as an event of default beyond any applicable notice and cure period under any obligation, agreement, instrument or document which is secured in whole or in part by Tenant’s or Landlord’s interest in any Hotel or should the holder of such security accelerate the indebtedness secured thereby or commence a foreclosure thereof. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.H, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreementdefault.

Tenant Events of Default. Each of the following shall constitute a “Tenant Event of Default” to the extent permitted by applicable law: A. The filing by Tenant or SVC HPT of a voluntary petition in bankruptcy or insolvency or a petition for reorganization under any bankruptcy law, or the admission by Tenant that it is unable to pay its debts as they become due, or the institution of any proceeding by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. B. The consent by Tenant or SVC HPT to an involuntary petition in bankruptcy or the failure to vacate, within ninety (90) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.B, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. C. The entering of an order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Tenant or SVC HPT as bankrupt or insolvent or approving a petition seeking reorganization or appointing a receiver, trustee, or liquidator of all or a substantial part of Tenant’s or SVCHPT’s assets, and such order, judgment or decree’s continuing unstayed and in effect for an aggregate of sixty (60) days (whether or not consecutive). Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.C, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. D. The failure of Tenant to make any payment (or cause to be made any payment by any Affiliate of Tenant which is a party thereto) required to be made in accordance with the terms of this Agreement or any Incidental Document on or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure such Tenant Event of Default (1) within any applicable notice and cure period, if any, provided in the document pursuant to which such payment is to be made, or (2) otherwise, eight (8) days after receipt of written notice from the other party to such document demanding such cure. E. The failure of Tenant, SVC or Landlord Tenant to perform, keep or fulfill any of the other covenants, undertakings, obligations or conditions set forth in this Agreement or any Incidental Document. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.E, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Tenant fails to cure the Tenant Event of Default within thirty (30) days after receipt of written notice from Manager Tenant demanding such cure, or, if the Tenant Event of Default is susceptible of cure, but such cure cannot be accomplished within said thirty (30)-day 30) day period of time, if Tenant Manager fails to commence the cure of such Tenant Event of Default within fifteen (15) days of such notice or thereafter fails to diligently pursue such efforts to completion. F. The failure of Tenant to maintain insurance coverages elected to be maintained by Tenant under Article VI hereof (excluding insurance maintained by Manager pursuant thereto), and such failure shall constitute a Tenant Default hereunder if it continues for eight (8) days after written notice thereof from Manager (except that no notice shall be required if any such insurance coverage shall have lapsed). G. Any material representation or warranty made by Tenant or any Affiliate in this Agreement or in any Incidental Document proves to have been false in any material respect on the date when made or deemed made, and the same shall constitute a Tenant Default if Tenant fails to cure or change the fact or event which caused such representation or warranty to have been false when made within fifteen (15) Business Days of receiving notice of such falseness from Manager; , provided, however, that if such default is susceptible of cure but such cure cancan not reasonably be accomplished with the use of due diligence within such period of time and if, in addition, Tenant commences to cure or cause to be cured such default within fifteen (15) Business Days after receiving notice thereof from Manager and thereafter prosecutes the cure of such default with due diligence, such period of time shall be extended to such period of time as may be reasonably necessary to cure such default with due diligence. H. The occurrence of an event of default beyond any applicable notice and cure period under any obligation, agreement, instrument or document which is secured in whole or in part by Tenant’s or Landlord’s interest in any Hotel or should the holder of such security accelerate the indebtedness secured thereby or commence a foreclosure thereof. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.H9.06.G, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement.

Tenant Events of Default. Each Any one or more of the following events shall constitute an event of default of Tenant under this Lease (a “Tenant Event of Default” or “Tenant Default”): (a) Tenant’s failure to pay any Rent, or any other amount due hereunder, when due and payable, and the extent permitted by applicable law:continuation of the failure to pay said obligations for thirty (30) days after written notice from Landlord to Tenant. A. The filing by (b) Tenant’s failure to observe and perform any of the other terms, covenants, conditions, limitations or agreements under this Lease on Tenant’s part to be observed or performed and the continuation of the failure for a period of thirty (30) days after notice from Landlord to Tenant specifying the nature of the failure; provided that if the default involved is curable but not within thirty (30) days, then so long as Tenant shall commence the cure involved within such thirty (30) day period after notice and thereafter diligently pursue completing the cure, the time within which such cure must be completed shall be extended for the period necessary to complete the cure, but in no event shall such cure period exceed sixty (60) days, except in the case where structural repairs are needed to cure a default, in which case Tenant shall have such additional time as is reasonably required to complete such repairs in a diligent manner providing Tenant is diligently pursuing completion of the cure. (c) If Tenant, Parent or SVC any guarantor of the performance of Tenant’s covenants and obligations under this Lease shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt, or shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under the present or any future federal bankruptcy code or any other present or future federal, state or other bankruptcy or insolvency statute or a petition for reorganization under law (collectively, “Insolvency Laws”), or shall seek, consent to or acquiesce in the appointment of any bankruptcy lawor insolvency trustee, receiver or liquidator of Tenant, Parent or any guarantor of the performance of Tenant’s covenants and obligations under this Lease, as applicable, or of all or any substantial part of its properties or of the admission by Tenant that it is Premises or Improvements, or shall make a general assignment for the benefit of creditors, or be unable to pay its debts as they become duemature. (d) The commencement of any action, case or proceeding against Tenant, Parent or any guarantor of the performance of Tenant’s covenants and obligations under this Lease seeking (i) any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any Insolvency Laws, or (ii) the institution appointment, without the consent or acquiescence of Tenant, Parent or any guarantor of the performance of Tenant’s covenants and obligations under this Lease, as applicable, of any proceeding by Tenant for its dissolution or termination. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.A, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. B. The consent by Tenant or SVC to an involuntary petition in bankruptcy or the failure to vacate, within ninety (90) days from the date of entry thereof, any order approving an involuntary petition by Tenant. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.B, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement. C. The entering of an order, judgment or decree by any court of competent jurisdiction, on the application of a creditor, adjudicating Tenant or SVC as bankrupt or insolvent or approving a petition seeking reorganization or appointing a receiver, trustee, receiver or liquidator of Tenant or of all or a substantial part substantially all of Tenant’s its properties or SVC’s assetsof the Premises, and such order, judgment or decree’s continuing unstayed and in effect proceedings shall continue undismissed for an aggregate a period of sixty (60) days (whether or not consecutive). Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.C, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreementdays. D. The failure of (e) If Tenant to make any payment shall abandon the Premises. (or cause to be made any payment by any Affiliate of Tenant which f) If a Lien is a party thereto) required to be made in accordance with filed against the terms of this Agreement or any Incidental Document on or before the date due. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.D, said Tenant Event of Default shall be deemed a “Tenant Default” under this Agreement if Premises and Tenant fails to cure such Tenant Event furnish a bond or otherwise obtain a release or discharge of Default (1) within any applicable notice and cure period, if any, provided in the document pursuant to which such payment is to be made, or (2) otherwise, eight (8) days after receipt Lien as required by Article 11 of written notice from the other party to such document demanding such curethis Lease. E. The failure (g) If any warranty or representation of Tenant contained in this Lease is untrue in any material respect as of the date made. (h) Tenant, Parent or any guarantor of the performance of Tenant, SVC or Landlord to perform, keep or fulfill any of the other covenants, undertakings, ’s covenants and obligations or conditions set forth in this Agreement or any Incidental Document. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.E, said Tenant Event of Default Lease shall be deemed dissolved or liquidated or shall be involved in proceedings towards dissolution or liquidation, except in conjunction with a “permitted assignment to a Tenant Default” under this Agreement if Tenant fails to cure the Tenant Event Party or a Permitted Change in Control, neither of Default within thirty (30) days after receipt of written notice from Manager demanding such cure, or, if the Tenant Event of Default is susceptible of cure, but such cure cannot be accomplished within said thirty (30)-day period of time, if Tenant fails to commence the cure of such Tenant Event of Default within fifteen (15) days of such notice or thereafter fails to diligently pursue such efforts to completion. F. The failure of Tenant to maintain insurance coverages elected to be maintained by Tenant under Article VI hereof (excluding insurance maintained by Manager pursuant thereto), and such failure which shall constitute a Tenant Default hereunder if it continues for eight (8) days after written notice thereof from Manager (except that no notice shall be required if any such insurance coverage shall have lapsed)Event of Default. G. Any material representation or warranty made by Tenant or any Affiliate (i) An assignment of this Lease in this Agreement or in any Incidental Document proves to have been false in any material respect on the date when made or deemed made, and the same shall constitute violation of Article 13. (j) A default of a Tenant Default if Tenant fails to cure or change the fact or event which caused such representation or warranty to have been false when made within fifteen (15) Business Days of receiving notice of such falseness from Manager; provided, however, that if such default is susceptible of cure but such cure cannot reasonably be accomplished with the use of due diligence within such period of time and if, in addition, Tenant commences to cure or cause to be cured such default within fifteen (15) Business Days after receiving notice thereof from Manager and thereafter prosecutes the cure of such default with due diligence, such period of time shall be extended to such period of time as may be reasonably necessary to cure such default with due diligence. H. The occurrence of an event of default beyond any applicable notice and cure period Party under any obligation, agreement, instrument or document which is secured in whole or in part by Tenant’s or Landlord’s interest in any Hotel or should the holder of such security accelerate the indebtedness secured thereby or commence other lease between Landlord and a foreclosure thereof. Upon the occurrence of any Tenant Event of Default as described under this Section 9.06.H, said Tenant Event of Default shall be deemed a “Tenant Default” under this AgreementParty.