Common use of Termination of the Lease Clause in Contracts

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy (a) shall recognize Manager's rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor in substantially the same form as the Lease, and assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee").

Appears in 3 contracts

Samples: Owner Agreement (Apple Hospitality Five Inc), Owner Agreement (Apple Hospitality Five Inc), Owner Agreement (Apple Hospitality Five Inc)

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Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Lessee (collectively, a “Lease Termination”), Lessor: (a) shall recognize Manager's ’s rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn Hotel pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" ’s rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's ’s rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor in substantially the same form as the Lease, and assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's ’s prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn Hotel is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee").

Appears in 2 contracts

Samples: Owner Agreement (Apple Reit Six Inc), Owner Agreement (Apple Reit Six Inc)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if If the Lease is terminated for any reasonreason (a "Lease Termination"), including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy (a) shall recognize Manager's rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn pursuant to the Management Agreement, and (c) Owner shall at the time of or prior to such Lease Termination either (i) elect not designate another party to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's rights and obligations under the Lease, the Primary Management Agreement, Agreement and this Agreement, or (yii) enter into a new lease Lease with Lessor such designated party, and in substantially the same form as the Lease, each such case shall require that such designated party expressly succeed to and assume the rights and obligations of the Lessee under the Primary Management Agreement and this Agreement. Notwithstanding the foregoing, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any such successor to Lessee under clause (c)(ii) above shall be subject to ManagerMarriott's prior written approvalapproval (Primary Manager hereby agreeing that as long as the Submanagement Agreement remains in effect, Primary Manager shall have no approval right with respect to such successor to Lessee), which approval shall not be unreasonably withheld or delayed if such successor to Lessee is meets the criteria set forth below. Such approval or disapproval will be made within ten (i10) business days of request by Owner, provided Owner has previously provided to Marriott all information reasonably necessary (or as reasonably requested by Marriott) in order for Marriott to make its decision. Such successor shall (x) have the financial capability to provide adequate financial support for the Hotel (Marriott hereby agreeing that a direct or indirect wholly-owned subsidiary successor which has the same financial capability as Lessee as of Lessorthe date of this Agreement shall be deemed to have such financial capability), (iiy) be of good character and reputation, and (z) agree to assume in writing the obligations of Lessee under the Primary Management Agreement. Marriott's failure to approve or disapprove such successor to Lessee within ten (10) business days shall be deemed to constitute Marriott's approval of such replacement to Lessee. If such successor to Lessee is disapproved by Marriott, Owner shall within thirty (30) days after such disapproval designate another successor to Lessee, subject to Marriott's approval rights as stated above. Until such time as a person new successor Lessee is approved and in place as such successor, the disapproved successor shall continue as successor to Lessee and such continuation shall not constitute a default under this Agreement, the Primary Management Agreement or entity the Submanagement Agreement; so long as Owner is diligently continuing to whom exercise Owner's reasonable best efforts to designate a Sale successor which is acceptable to Submanager. If required by Primary Manager, any such successor shall enter into a new management agreement on the same terms and conditions as the Primary Management Agreement for the unexpired term of the Inn is permitted under Section 10.02.A. of the Primary Management Agreement. Any replacement of Lessee or any new Lease pursuant to this Section 1 shall be effected without any interruption or disturbance of rights of Primary Manager under the Primary Management Agreement or Marriott under the Submanagement Agreement, or (iii) a person or entity who otherwise is approved by Manager respectively, as long as at such time the applicable agreement has not been terminated in accordance with its sole discretion (an "Approved Lessee")terms.

Appears in 2 contracts

Samples: Owner Agreement (Interstate Hotels Management Inc), Owner Agreement (Wyndham International Inc)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Lessee (collectively, a “Lease Termination”), Lessor: (a) shall recognize Manager's ’s rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn Inns pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" ’s” rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's ’s rights and obligations under the Lease, the Management Agreement, and this the Owner Agreement, or (y) enter into a new lease with Lessor in substantially the same form as the Lease, and assume the rights and obligations of the Lessee under the Management Agreement and this the Owner Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's ’s prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn Inns is permitted under Section 10.02.A. 18.01 (A) of the Management Agreement, or (iiiii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee"). .

Appears in 1 contract

Samples: Owner Agreement (Apple Hospitality Two Inc)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager Marriott thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management AgreementAgreement (or in accordance with the terms of any other agreement or instrument binding on Marriott), and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof thereof, following Bankruptcy Bankruptcy (aas defined in Section 10 hereof) shall recognize Manager's rights under the Management Agreementof Lessee (a "Lease Termination"), (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn pursuant to the Management Agreement, and (c) Owner shall at the time of or prior to such Lease Termination either (ia) elect not to take either of the actions described in clause (c)(iib) below, in which case all of "LesseeOwner's" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the such Lease Termination shall be assumed directly by Lessorautomatically revert to Owner, or (iib) cause an "Approved LesseeTenant" (as defined belowhereunder) to (xi) succeed to and assume Lessee's rights and obligations under the Lease, the Management Agreement, Agreement and this Agreement, or (yii) enter into a new lease with Lessor Owner in substantially the same form as the Lease with such changes as may be negotiated between Owner and the Approved Tenant, provided such changes do not materially and adversely restrict, limit or interfere with the rights of Marriott hereunder or under the Management Agreement, including without limitation (A) provide for a term which is less than the unexpired portion of the Lease term, (B) limit or otherwise purport to reduce, or modify in any manner adverse to Marriott, Owner's responsibility for the Retained Obligations or Continuing Obligations or (C) amend or modify the following provisions of the Lease: Section 132, Sections 3.16(a)-(f), Section 4.4, Section 5.1.2, Article 6, Section 17.3 and the definition of any terms used in any such Sections or Articles (or which would otherwise be acceptable to Marriott), and succeed to and assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lesseelessee, Lessor Owner and Manager Marriott be under the same terms and conditions as the relationship between Lessee, Lessor Owner and Manager Marriott hereunder and under the Management Agreement, Operating Agreement (as defined hereunder) and the Lease. Any successor to Lessee under clause The succession of the Lessee's interests as described in clauses (c)(iia) and (b) above shall be subject are herein referred to Manager's prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) as a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved LesseeLease Succession.").

Appears in 1 contract

Samples: Management Agreement (Crestline Capital Corp)

Termination of the Lease. The parties agree that the Management ------------------------ Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following BankruptcyBankruptcy (as defined below) of Lessee (collectively, a "Lease Termination"), Lessor: (a) shall recognize Manager's rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn Inns pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor in substantially the same form as the Lease, and assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn Inns is permitted under Section 10.02.A. 18.01(A)(2) of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee").

Appears in 1 contract

Samples: Owner Agreement (Apple Hospitality Two Inc)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Lessee (collectively, a “Lease Termination”), Lessor: (a) shall recognize Manager's ’s rights under the Management Agreement, (b) agrees that Manager shall not be named by Lessor or any affiliate of Lessor as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn pursuant to the Management AgreementAgreement by Lessor or any affiliate of Lessor, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" ’s” rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's ’s rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor an Approved Lessee in substantially the same form as the Lease, and cause such Approved Lessee to assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's ’s prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of LessorApple Five, or (ii) a person or entity to whom a Sale of the Inn is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion Agreement (an "Approved Lessee").

Appears in 1 contract

Samples: Owner Agreement (Apple Hospitality Five Inc)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcyof (a) shall recognize Manager's rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor in substantially the same form as the Lease, and assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee").

Appears in 1 contract

Samples: Owner Agreement (Apple Hospitality Five Inc)

Termination of the Lease. The parties agree that A. In the Management event of termination of the Lease Agreement or any other lease agreement with an approved tenant prior to the expiration of this Agreement for any reason, whether as a result of the expiration of the Lease Agreement (as may be renewed), early termination of the Lease Agreement as a result of the Owner's exercise of its remedies, including those pursuant to Section 2 of this Agreement, or for any other reason (the date of termination of the Lease Agreement is referred to as the "Date of Termination"), the Owner must immediately correct any violations of the Owner arising from the obligations of the Owner under Agreement, and on the rights and benefits Termination Date (i) take possession of Manager thereunder shall not be terminated or disturbed in any respect except the Hotels in accordance with the terms of the Management Agreement, and not REIT Rules (as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy (a) shall recognize Manager's rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) defined below, in which case all of "Lessee's" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor), or (ii) cause immediately transfer the Hotels to a sub- tenant ("Sub-tenant") of the Owner's choice for rental, and then (with subject to the right of first refusal described in paragraph C below) after esp and leased to an "Approved Lessee" approved new tenant for a period equal to the remaining term of the current lease (including any renewal provisions). Each Subtenant must be a Remote Entity in Bankruptcy (as defined below). If the Sub-Lessee in any way defaults on its obligations (including by entering into voluntary or involuntary bankruptcy proceedings) and such Sub-Lessee fails to remedy such default upon receipt of written notice, the Owner,Five (x5) succeed to days from receiving a written notification of this fact, (i) repairing such neglect or (ii) termination of the lease agreement with a temporary tenant and assume Lesseetaking hotels in accordance with the REIT principles (as defined below). If the owner directly takes over the tenant's rights and obligations under the Leasemanagement contract, the Management Agreementmanagement contract must be adapted to the fact that the owner is the owner of the remuneration (or land tenant) of the hotels, not the tenant. In each case, the party that owns the hotels (i.e. the owner, the temporary tenant or approved substitute tenant) from the date of the solution takes over the assignment and this Agreement, or (y) enter into a new lease with Lessor accepts in substantially the same form as the Lease, and assume the writing prospectively all rights and obligations of the Lessee tenant. on the basis of a management contract. The manager recognizes such a party as a legal successor or legal successor Westboy LLC under a management contract and performs all his obligations and obligations as a manager under a management contract for such a party. In accordance with the Management Agreement 1st AREA, 2 In this article: a letter about termination of the lease agreement or letter about the completion of the lease agreement is a notification sent to the tenant by the owner in order to inform the tenant that the lease agreement will not be continued after the end of the end. As you approach the end of the lease, you and this Agreementyour tenant can decide to renew or terminate the lease. If you decide to continue renting with the same tenant, but you want to create a new lease agreement, you can create a non - standard online lease agreement in selected locations using ZILLOW RENTAL MANAGER. If you are considering terminating the lease agreement with your tenant, the intent being letter of termination of the lease agreement is a standard notification method. Note. This guide serves only information purposes. Zillow Group Inc. does not provide any guarantees as to the sufficient information contained in this manual or related to it, or its compliance with applicable, applicable or local regulations. The provisions regarding owners and tenants change quickly and can be regulated at federal, state and local levels. This resource does not replace advice or lawyer's services; One should not rely on this resource for any purpose without consulting a licensed lawyer in his jurisdiction. The letter about the termination of the lease usually includes: the date of termination of the lease, the reason for termination (if concerned), copy of the lease, a request for a new address for the tenant (in order to transfer a refund of the deposit), instructions on how to complete the move the process of moving the control list form at the entrance (if concerned))Dates and Times for Final Review Procedure How to Write a Lease Termination Letter A letter clearly stating the landlord's termination of the lease, which must be kept in accordance with local landlord laws and fair housing laws. Be sure to consult with a local lawyer before sending a letter to terminate a lease. Step 1: Write the date, your name and contact information in the top corner of the letter. Step 2: Send a letter to your tenant (or tenants if there is more than one person on the lease). Step 3: In the first paragraph, include the address of the lease, the start and end dates of the lease, and the reason for the letter. Step 4: Use the second paragraph to remind the tenant of the first copy completed upon move-in and that a copy of the relationship between any successor Lesseeprocedure is attached to it. Step 5: Then let the tenant know that you want to make a final copy when you move out. Offer them to work for you several times and ask them to choose one of them. Please check your local laws as some areas require the presence of the tenant and the process will take some time. Step 6: Ask the tenant to provide you with an address for future correspondence, Lessor such as B. deposit refund. Step 7: End your letter with a closing statement and Manager be under your signature. Sample Lease Termination Letter Here is a sample Lease Termination Letter that you can use as a guide when writing a Lease Termination Letter. Be sure to check your local laws as well as the same terms and conditions of your lease for any information you may need to include in your lease termination letter. When should I submit a lease termination letter? Monthly rental terminations typically require at least 30 days' notice to the tenant. However, for permanent leases, you must provide 30, 60, or 90 days notice to terminate the lease, depending on the terms of the lease and local laws. There are also cases where the landlord cannot terminate the lease. Review the lease agreement and contact your local attorney to determine the appropriate notice. For more rental articles, tips and tools, visit our Rental Resource Center. Lease contract. To the extent pursuant to this Section 9.04, upon expiration or early termination, such Tenant shall transfer the Premises to the Landlord in the same condition as on the relationship between Lesseedate that the Tenant first occupied the Premises (regardless offor this rental agreement or an earlier rental agreement), Lessor subject to an appropriate depreciation. All changes become part of the premises and, if this rental contract is terminated or ended prematurely, become the landlord's property, unless the landlord calls on the tenant to remove some or all changes to the tenant by writing to the tenant. In this case, the tenant must do this immediately to remove these changes and Manager hereunder to immediately remove all the resulting damage, all of which are to be borne by the tenant alone. All operating and under commercial institutions, machines and devices, furniture, movable partition walls and personal objects that belong to the Management Agreement tenant or are installed at their expense in the premises are and remain the property of the tenant; In the event of expiry or early termination of this rental agreement, the tenant must remove all of these items at their own expense and to repair all damage to the premises or the building that arises from such a distance. If the tenant does not remove these items immediately or repairs such damage when the tenancy has run or prematurely terminated, the landlord can do so without liability against the tenant, and the Leasetenant has to pay the landlord on request. Any successor Regardless of the above the opposite, it applies in the event that the landlord allows the tenant to Lessee under clause (c)(ii) above shall be subject make changes to Managerthe premises in accordance with the provisions of Section 9.01 of this rental agreement, the landlord at the tenant's prior written approvalrequest, which approval shall not be withheld or delayed if such successor undertakes to Lessee is the tenant at the time of the granting of this consent In writing, to notify whether the landlord will request the tenant to remove the following changes at the end of the tenant at the expense of the tenant. Termination of the tenancy. In the event that the landlord decides to terminate the rental agreement and the right of the tenant to the premises, the landlord can reclaim the following from the tenant: (i) a direct or indirect wholly-owned subsidiary the value of Lessor, (ii) a person or entity to whom a Sale an unpaid rent at the time of the Inn is permitted under Section 10.02.A. assignment, which was earned such termination; plus (II) the value of the Management Agreementamount at the time of the award, around which the unpaid rent that would have been earned after the termination until the time of the award exceeds the amount of the loss of rent that the tenant could have been shown to avoid; Plus (III) the value of the amount at the time of the assignment, around which the unpaid rent for the rest of the term after the time of the assignment exceeds the amount of such losses that the tenant could have been shown to avoid; Plus (IV) of any other amount that is necessary to compensate the landlord for losses that result from the tenant's xxxxx.xx accordance with that tenancy or which may arise in the normal course of events, inter alia, because the unamortized portion of the tenant's work allowance has been amortized over the period, together with default interest and costs or expenses, as the landlord may incur or expect to incur in connection with re-entry, eviction, removal, deprivation, cleaning, refurbishment, alteration, renovation, marketing, refurbishment, subdivision or other preparation of premises for conversion, including brokerage and legal costs and legal fees; and (iiiv) a person at the lessor's option, other amounts in addition to or entity who otherwise is approved in lieu of the above as may be permitted by Manager in its sole discretion (an "Approved Lessee")applicable law from time to time. Law.

Appears in 1 contract

Samples: Lease Termination Clause

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Lessee (collectively, a "Lease Termination"), Lessor: (a) shall recognize Manager's rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor in substantially the same form as the Lease, and assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee").

Appears in 1 contract

Samples: Owner Agreement (Apple Hospitality Five Inc)

Termination of the Lease. The parties agree that the Management ------------------------ Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following BankruptcyBankruptcy (as defined below) of Lessee (collectively, a "Lease Termination"), Lessor: (a) shall recognize Manager's rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn Inns pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor in substantially the same form as the Lease, and assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn Inns is permitted under Section 10.02.A. 18.01 (A) of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee").

Appears in 1 contract

Samples: Owner Agreement (Apple Hospitality Two Inc)

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Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Lessee (collectively, a "Lease Termination"), Property Owner: (a) shall recognize Manager's ’s rights under the Management Agreement, (b) agrees agree that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn Hotel pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either any of the applicable actions described in clause (c)(ii) belowbelow (to the extent such actions are applicable), in which case all of "Lessee'sOwner’s" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the such Lease Termination shall be assumed directly by LessorProperty Owner and the applicable parties hereto agree that the applicable provisions of the Management Agreement reflecting the Lease structure shall be amended to reflect such Lease Agreement Termination, or (ii) cause an "Approved a successor Lessee" (as defined below) , consented to by Manager, which consent shall not be unreasonably withheld or delayed, to (x) succeed to and assume Lessee's rights and ’s obligations under the Lease, the Management this Agreement, and this Agreement, the Management Agreement (as may be amended) or (y) enter into a new lease with Lessor Property Owner in substantially the same form as the Lease, and assume the rights and obligations of the Lessee (if any) under the Management Agreement (as may be amended) and this AgreementAgreement (as may be amended), the intent being that the relationship between any successor Lessee, Lessor Property Owner, and Manager be under substantially the same terms and conditions as the relationship between Lessee, Lessor Property Owner, and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee").

Appears in 1 contract

Samples: Management Agreement (Hospitality Investors Trust, Inc.)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination or expiration of the Lease. Accordingly, if during the term of the Management Agreement the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Lessee (collectively, a "Lease Termination"), then, so long as (1) the Management Agreement is then in full force and effect, and (2) Manager attorns to Lessor as “Owner” under the Management Agreement (subject in all respects to Manager’s rights under Section 7.03 of the Management Agreement), Lessor: (a) shall recognize Manager's ’s rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn Hotel pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee'sOwner’s" rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) a successor lessee, consented to by Manager, which consent shall not be unreasonably withheld or delayed, to (x) succeed to and assume Lessee's ’s rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor in substantially the same form as the Lease, and assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee").

Appears in 1 contract

Samples: Management Agreement (KBS Strategic Opportunity REIT II, Inc.)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Tenant (collectively, a “Lease Termination”), Landlord: (a) shall recognize Manager's ’s rights under the Management Agreement, ; (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn Hotel pursuant to the Management Agreement, ; and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" Tenant’s rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by LessorLandlord, or (ii) cause an "Approved Lessee" Tenant” (as defined below) to (x) succeed to and assume Lessee's Tenant’s rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor Landlord in substantially the same form as the Lease, and assume the rights and obligations of the Lessee Tenant under the Management Agreement and this Agreement, the intent being that the relationship between any successor LesseeTenant, Lessor Landlord and Manager be under the same terms and conditions as the relationship between LesseeTenant, Lessor Landlord and Manager hereunder under this Agreement and under the Management Agreement and the Lease. Any successor to Lessee Tenant under clause (c)(ii) above shall be subject to Manager's ’s prior written approval, which approval shall not be withheld or delayed if such successor to Lessee Tenant is (i) a direct or indirect wholly-owned subsidiary of LessorLandlord, (ii) a person or entity to whom a Sale of the Inn Hotel is permitted under Section 10.02.A. 10.02.A of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee"Tenant”).

Appears in 1 contract

Samples: Owner Agreement (Moody National REIT I, Inc.)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Lessee (collectively, a “Lease Termination”), Lessor: (a) shall recognize Manager's ’s rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn Hotel pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" ’s” rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's ’s rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor in substantially the same form as the Lease, and assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's ’s prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn Hotel is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee").

Appears in 1 contract

Samples: Owner Agreement (Apple Reit Six Inc)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Lessee (collectively, a “Lease Termination”), Lessor: (a) shall recognize Manager's ’s rights under the Management Agreement, (b) agrees that Manager shall not be named by Lessor or any affiliate of Lessor as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn pursuant to the Management AgreementAgreement by Lessor or any affiliate of Lessor, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" ’s” rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by Lessor, or (ii) cause an "Approved Lessee" (as defined below) to (x) succeed to and assume Lessee's ’s rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor an Approved Lessee in substantially the same form as the Lease, and cause such Approved Lessee to assume the rights and obligations of the Lessee under the Management Agreement and this Agreement, the intent being that the relationship between any successor Lessee, Lessor and Manager be under the same terms and conditions as the relationship between Lessee, Lessor and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee under clause (c)(ii) above shall be subject to Manager's ’s prior written approval, which approval shall not be withheld or delayed if such successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of LessorApple Two, or (ii) a person or entity to whom a Sale of the Inn is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion Agreement (an "Approved Lessee").

Appears in 1 contract

Samples: Owner Agreement (Apple Hospitality Two Inc)

Termination of the Lease. The parties agree that the Management Agreement and the rights and benefits of Manager thereunder shall not be terminated or disturbed in any respect except in accordance with the terms of the Management Agreement, and not as a result of any termination of the Lease. Accordingly, if the Lease is terminated for any reason, including, without limitation, expiration of the term thereof or the "rejection" thereof following Bankruptcy Bankruptcy (as defined below) of Tenant (collectively, a “Lease Termination”), Owner: (a) shall recognize Manager's ’s rights under the Management Agreement, (b) agrees that Manager shall not be named as a party in any eviction or other possessory action or proceeding, and that Manager shall not be disturbed in its right to manage the Inn Hotel pursuant to the Management Agreement, and (c) shall at the time of or prior to such Lease Termination either (i) elect not to take either of the actions described in clause (c)(ii) below, in which case all of "Lessee's" “Owner’s” rights, benefits, privileges and obligations under the Management Agreement with respect to periods after the Lease Termination shall be assumed directly by LessorOwner, or (ii) cause an "Approved Lessee" Lessee (as defined below) ), to (x) succeed to and assume Lessee's Tenant’s rights and obligations under the Lease, the Management Agreement, and this Agreement, or (y) enter into a new lease with Lessor Owner in substantially the same form as the Lease, and assume the rights and obligations of the Lessee Tenant under the Management Agreement and this Agreement, the intent being that the relationship between any successor LesseeTenant, Lessor Owner and Manager be under the same terms and conditions as the relationship between LesseeTenant, Lessor Owner and Manager hereunder and under the Management Agreement and the Lease. Any successor to Lessee Tenant under clause (c)(ii) above shall be subject to Manager's prior written approval’s consent, which approval consent shall not be unreasonably withheld or delayed if (an “Approved Lessee”); provided that so long as DiamondRock Hospitality Company (“DiamondRock”) is a real estate investment trust for federal income tax purposes (a “REIT”) and Owner is, directly or indirectly, a majority-owned and controlled subsidiary of DiamondRock, an Approved Lessee shall include any “taxable REIT subsidiary” (or any subsidiary of such “taxable REIT subsidiary”) that is controlled by DiamondRock and formed for the purpose of serving as a successor to Lessee is (i) a direct or indirect wholly-owned subsidiary of Lessor, (ii) a person or entity to whom a Sale of the Inn is permitted under Section 10.02.A. of the Management Agreement, or (iii) a person or entity who otherwise is approved by Manager in its sole discretion (an "Approved Lessee")Tenant.

Appears in 1 contract

Samples: Purchase and Sale Agreement (DiamondRock Hospitality Co)

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