Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Residence Inn" and "TownePlace Suites" (each of the foregoing names, together with any combination thereof, collectively, the "Trade Names") when used alone or in connection with another word or words, and the Marriott, Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated Persons, and nothing contained in this Agreement shall confer on Landlord the right to use any of the Trade Names, or the Marriott, Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs other than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other Leases, any use of or right to use any of the Trade Names, or any of the Marriott, Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs by Landlord shall be governed by the Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord has not removed such signs or similar items within ten (10) Business Days after termination of this Agreement, Tenant shall have the right to do so at Landlord's expense. Included under the terms of this section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including, but not limited to, restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn or TownePlace Suites name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Tenant, and the use thereof inures to the benefit of Tenant whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) shall survive termination of this Agreement.
Appears in 4 contracts
Samples: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)
Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Residence Inn" “Sonesta,” “Royal Sonesta,” “Sonesta Suites,” “Sonesta ES Suites” and "TownePlace Suites" “Sonesta Resorts” (each of the foregoing names, together with any combination thereof, collectively, the "“Trade Names"”) when used alone or in connection with another word or words, and the Marriott, Residence Inn or TownePlace Suites Sonesta trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated PersonsManager and except as provided in Section 11.09.E and 11.09.G, and nothing contained in this Agreement shall confer on Landlord Owner the right to use any of the Trade Names, or the Marriott, Residence Inn or TownePlace Suites Sonesta trademarks, service marks, other trade names, symbols, logos or designs other than affiliated or used therewith. Except as provided in strict accordance with the terms Section 11.09.E and 11.09.G, upon termination of this Agreement. Upon termination of this Agreement and the Other Leases, any use of or right to use any of the Trade Names, or any of the Marriott, Residence Inn or TownePlace Suites Sonesta trademarks, service marks, other trade names, symbols, logos or designs by Landlord at the Hotel shall be governed by the Franchise Agreement and/or cease and Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord Owner has not removed such signs or similar items within ten (10) Business Days after termination of this AgreementDays, Tenant Manager shall have the right to do so at Landlord's expenseso. The cost of such removal shall be a Deduction. Included under the terms of this section Section 11.10 are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including, but not limited to, including restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn or TownePlace Suites “Sonesta” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantManager, and the use thereof inures to the benefit of Tenant Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) 11.10 shall survive termination of this Agreementtermination.
Appears in 3 contracts
Samples: Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust), Transaction Agreement (Service Properties Trust)
Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Residence Inn" “Sonesta,” and "TownePlace Suites" “Royal Sonesta Hotel” (each of the foregoing names, together with any combination thereof, collectively, the "“Trade Names"”) when used alone or in connection with another word or words, and the Marriott, Residence Inn or TownePlace Suites Sonesta trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated PersonsManager and except as provided in Section 11.09.E and 11.09.G, and nothing contained in this Agreement shall confer on Landlord Owner the right to use any of the Trade Names, or the Marriott, Residence Inn or TownePlace Suites Sonesta trademarks, service marks, other trade names, symbols, logos or designs other than affiliated or used therewith. Except as provided in strict accordance with the terms Section 11.09.E and 11.09.G, upon termination of this Agreement. Upon termination of this Agreement and the Other Leases, any use of or right to use any of the Trade Names, or any of the Marriott, Residence Inn or TownePlace Suites Sonesta trademarks, service marks, other trade names, symbols, logos or designs by Landlord at the Hotel shall be governed by the Franchise Agreement and/or cease and Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord Owner has not removed such signs or similar items within ten (10) Business Days after termination of this AgreementDays, Tenant Manager shall have the right to do so at Landlord's expenseso. The cost of such removal shall be a Deduction. Included under the terms of this section Section 11.10 are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including, but not limited to, including restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn or TownePlace Suites “Sonesta” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantManager, and the use thereof inures to the benefit of Tenant Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) 11.10 shall survive termination of this Agreementtermination.
Appears in 3 contracts
Samples: Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust)
Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Residence InnCourtyard by Marriott" and "TownePlace SuitesMarriott Courtyard" (each of the foregoing names, together with any combination thereof, collectively, the "Trade Names") when used alone along or in connection with another word or words, and the Marriott, Residence Inn Marriott or TownePlace Suites Courtyard by Marriott trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated Persons, and nothing contained in this Agreement shall confer on Landlord the right to use any of the Trade Names, or the Marriott, Residence Inn Marriott or TownePlace Suites Courtyard by Marriott trademarks, service marks, other trade names, symbols, logos or designs other than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other Leases, any use of or right to use any of the Trade Names, or any of the Marriott, Residence Inn Marriott or TownePlace Suites Courtyard by Marriott trademarks, service marks, other trade names, symbols, logos or designs by Landlord shall be governed by the Franchise Agreement and/or Owner Owner's Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord has not removed such signs or similar items within ten (10) Business Days after termination of this Agreement, Tenant shall have the right to do so at Landlord's expense. Included under the terms of this section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including, but not limited to, restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn or TownePlace Suites Courtyard by Marriott name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Tenant, and the use thereof inures to the benefit of Tenant whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a22.17(a) shall survive termination of this Agreement.
Appears in 2 contracts
Samples: Lease Agreement (Hospitality Properties Trust), Lease Agreement (Hospitality Properties Trust)
Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Residence Inn" “Sonesta,” and "TownePlace “Sonesta ES Suites" ” (each of the foregoing names, together with any combination thereof, collectively, the "“Trade Names"”) when used alone or in connection with another word or words, and the Marriott, Residence Inn or TownePlace Suites Sonesta trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated PersonsManager and except as provided in Section 11.09.E and 11.09.G, and nothing contained in this Agreement shall confer on Landlord Owner the right to use any of the Trade Names, or the Marriott, Residence Inn or TownePlace Suites Sonesta trademarks, service marks, other trade names, symbols, logos or designs other than affiliated or used therewith. Except as provided in strict accordance with the terms Section 11.09.E and 11.09.G, upon termination of this Agreement. Upon termination of this Agreement and the Other Leases, any use of or right to use any of the Trade Names, or any of the Marriott, Residence Inn or TownePlace Suites Sonesta trademarks, service marks, other trade names, symbols, logos or designs by Landlord at the Hotel shall be governed by the Franchise Agreement and/or cease and Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord Owner has not removed such signs or similar items within ten (10) Business Days after termination of this AgreementDays, Tenant Manager shall have the right to do so at Landlord's expenseso. The cost of such removal shall be a Deduction. Included under the terms of this section Section 11.10 are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including, but not limited to, including restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn or TownePlace Suites “Sonesta” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantManager, and the use thereof inures to the benefit of Tenant Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) 11.10 shall survive termination of this Agreementtermination.
Appears in 2 contracts
Samples: Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust)
Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Residence Inn" and "TownePlace Suites" (each of the foregoing names, together with any combination thereof, collectively, the "Trade Names") when used alone or in connection with another word or words, and the Marriott, Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated Persons, and nothing contained in this Agreement shall confer on Landlord the right to use any of the Trade Names, or the Marriott, Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs other than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other Leases, any use of or right to use any of the Trade Names, or any of the Marriott, Residence Inn or TownePlace Suites Courtyard by Marriott trademarks, service marks, other trade names, symbols, logos or designs by Landlord shall be governed by the RI Franchise Agreement and/or the CY Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the RI Franchise Agreement and/or the CY Franchise Agreement or a replacement Franchise Agreement of either will not remain in effect, Landlord shall promptly remove from each Hotel or the Hotel Hotels, as the case may be, any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord has not removed such signs or similar items within ten (10) Business Days after termination of this Agreement, Tenant shall have the right to do so at Landlord's expense. Included under the terms of this section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the each Hotel, including, but not limited to, restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn or TownePlace Suites name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Tenant, and the use thereof inures to the benefit of Tenant whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) shall survive termination of this Agreement.
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Trademarks, Trade Names and Service Marks. (a) The names "“Marriott", ",” “Residence Inn" ,” “Residence Inn by Marriott” and "TownePlace Suites" “Marriott Residence Inn” (each of the foregoing names, together with any combination thereof, collectively, are collectively referred to as the "“Trade Names"”) when used alone or in connection with another word or words, and the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated PersonsMarriott, and nothing contained in this Agreement shall confer on Landlord Owner the right to use any of the Trade Names, or the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs other otherwise than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other LeasesExcept as provided in Section 11.11.E, upon Termination any use of or right to use any of the Trade Names, Names or any of the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs by Landlord Owner shall be governed by the Franchise Agreement and/or cease forthwith and Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel Inn any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord Owner has not removed such signs or similar items within ten (10) Business Days days after termination of this AgreementTermination, Tenant Manager shall have the right to do so at Landlord's Owner’s expense; and if Owner fails to reimburse Manager for such expense within ten (10) days after receipt of written notice thereof from Manger to Owner, then Manager shall have the right (without affecting Manager’s other remedies under this Agreement) to withdraw the amount of such expenses from the Reserve, the Working Capital funds or any other funds of Owner held by or under the control of Manager. Included under the terms of this section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the HotelInn, including, but not limited to, restaurant names, lounge names, etc., whether or not the marks contain the "“Marriott" ” name or the “Residence Inn or TownePlace Suites Inn” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantManager, and the use thereof inures to the benefit of Tenant Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) 11.12 shall survive termination of this AgreementTermination.
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Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Courtyard by Marriott," "Residence Inn" ", "SpringHill Suites", and "TownePlace Suites" (each of the foregoing names, together with any combination thereof, collectively, the "Trade Names") when used alone along or in connection with another word or words, and the Marriott, Courtyard by Marriott, Residence Inn Inn, SpringHill Suites or TownePlace Suites trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated Persons, and nothing contained in this Agreement shall confer on Landlord the right to use any of the Trade Names, or the Marriott, Courtyard by Marriott, Residence Inn Inn, SpringHill Suites or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs other than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other LeasesAgreement, any use of or right to use any of the Trade Names, or any of the Marriott, Courtyard by Marriott, Residence Inn Inn, SpringHill Suites or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs by Landlord shall be governed by the Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord has not removed such signs or similar items within ten (10) Business Days after termination of this Agreement, Tenant shall have the right to do so at Landlord's expense. Included under the terms of this section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including, but not limited to, restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Courtyard by Marriott, Residence Inn Inn, SpringHill Suites or TownePlace Suites name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Tenant, and the use thereof inures to the benefit of Tenant whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) shall survive termination of this Agreement.
Appears in 1 contract
Trademarks, Trade Names and Service Marks. (a) A. During the term of the Agreement, each Inn shall be known as a "Residence Inn" or "Residence Inn by Marriott" or "Marriott Residence Inn", with such additional identification as may be necessary to provide local identification. If the name of the "Residence Inn by Marriott" System is changed, Manager will change the name of each Inn to conform thereto. The names "Marriott", ," "Residence Inn," "Residence Inn by Marriott" and "TownePlace SuitesMarriott Residence Inn" (each of the foregoing names, together with any combination thereof, collectively, shall herein be collectively referred to as the "Trade Names") when used alone or in connection with another word or words, and the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor Manager or its Affiliated PersonsMarriott, and nothing contained in this Agreement herein shall confer on Landlord Lessee the right to use any of the Trade Names, or the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs other otherwise than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other LeasesExcept as provided in Section 9.02, upon Termination with respect to an Inn, any use of or right to use any of the Trade Names, or any of the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs by Landlord Lessee shall be governed by the Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord cease forthwith with respect to such Inn and Lessee shall promptly remove from the Hotel such Inn any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord Lessee has not removed such signs or similar items within ten (10) Business Days after termination of this Agreementpromptly upon Termination, Tenant Manager shall have the right to remain at such Inn as long as is necessary for it to do so at Landlord's expense. so.
B. Included under the terms of this section Section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the HotelInns, including, including but not limited to, to restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the "Residence Inn or TownePlace Suites Inn" name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantManager or Marriott, and the use thereof inures to the benefit of Tenant Manager or Marriott whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) shall survive termination of this Agreement.
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Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Residence Courtyard by Marriott", "Marriott Courtyard", "Fairfield Inn", "Fairfield Suites" and "TownePlace SpringHill Suites" (each of the foregoing names, together with any combination thereof, collectively, the "Trade Names") when used alone along or in connection with another word or words, and the Marriott, Residence Inn Courtyard by Marriott, Fairfield Inn, Fairfield Suites or TownePlace SpringHill Suites trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated Persons, and nothing contained in this Agreement shall confer on Landlord the right to use any of the Trade Names, or the Marriott, Residence Inn Courtyard by Marriott, Fairfield Inn, Fairfield Suites or TownePlace SpringHill Suites trademarks, service marks, other trade names, symbols, logos or designs other than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other Leases, any use of or right to use any of the Trade Names, or any of the Marriott, Residence Inn Courtyard by Marriott, Fairfield Inn, Fairfield Suites or TownePlace SpringHill Suites trademarks, service marks, other trade names, symbols, logos or designs by Landlord shall be governed by the Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord has not removed such signs or similar items within ten (10) Business Days after termination of this Agreement, Tenant shall have the right to do so at Landlord's expense. Included under the terms of this section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including, but not limited to, restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn Courtyard by Marriott, Fairfield Inn, Fairfield Suites or TownePlace SpringHill Suites name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Tenant, and the use thereof inures to the benefit of Tenant whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) shall survive termination of this Agreement.
Appears in 1 contract
Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Residence Inn" and "TownePlace Suites" (each of A. During the foregoing names, together with any combination thereof, collectivelyTerm, the "Trade Names") when used alone Premises may be known as a Marriott Retirement Community, or in connection such other name as Tenant may from time to time designate with another word additional identification utilizing one or words, and the Marriott, Residence Inn or TownePlace Suites more trademarks and/or trade names of Tenant as may be necessary to provide local identification. All Tenant's trademarks, service marks, other trade names, symbolslogos, logos symbols and designs shall in all events remain the exclusive property of Franchisor or Tenant and its Affiliated PersonsAffiliates, and nothing contained in this Agreement herein shall confer on Landlord the right to use any of the Trade Namessuch names, or the Marriott, Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbolslogos, logos symbols or designs other than in strict accordance with the terms of this AgreementLease. Upon Except as provided in Section 11.01B, upon the expiration or termination of this Agreement and the Other LeasesLease, any use of or right to use any of the Trade Namessaid names, or any of the Marriott, Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbolslogos, logos symbols or designs by Landlord shall be governed by the Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord cease forthwith and Tenant shall (at Tenant's sole cost and expense) promptly remove from the Hotel Premises any signs or similar items which contain any of the Trade NamesTenant's names, trademarks, trade names, service marks, other trade nameslogos, symbols, logos symbols or designs. If Landlord has not removed such signs or similar items within ten (10) Business Days after termination of this Agreement, provided however, that Tenant shall have be responsible for the right to do so at Landlord's expensecost of any resulting repairs that may be necessary as a result of such removal. Included under the terms of this section Section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the HotelPremises, including, including but not limited to, to restaurant namestimes, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn or TownePlace Suites name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Tenant, and the use thereof inures to the benefit of Tenant whether or not the same are registered and regardless of the source of the same. The provisions .
B. Landlord covenants that any items of this Section 22.16(a) shall survive FF&E, Inventories or Fixed Asset Supplies which are purchased by Landlord upon the expiration or termination of this AgreementLease, and which are marked with the Tenant's name or any Tenant trademark, trade name, logo, symbol or design, shall be used exclusively in connection with the Premises until they are consumed.
C. Any computer software (including upgrades and replacements) at the Premises owned by Tenant, an Affiliate, or the licensor of any of them is proprietary to Tenant, such Affiliate, or the licensor of any of them and shall in all events remain the exclusive property of Tenant, the Affiliate, or the licensor of any of them, as the case may be, and nothing contained in this Lease shall confer on Landlord the right to use any of such software. Upon expiration or termination of this Lease, Tenant shall have the right to remove from the Premises without compensation to Landlord any computer software (including upgrades and replacements) owned by Tenant, any Affiliate, or the licensor of any of them. Notwithstanding anything contained in this Section 11.01C to the contrary, any computer software directly relating to the operation and maintenance of the Improvements and their various systems shall be and remain the property of Landlord through the term hereof and upon any expiration or termination of this Lease.
D. Notwithstanding any provision of Section 11.01 to the contrary, the parties acknowledge and agree that the trade name(s), trademark(s), service mark(s), logo(s), symbol(s) or design(s) shown on Exhibit D associatxx xith the Premises, are proprietary to, and the property of, Landlord and upon expiration or termination of this Lease Tenant shall not, thereafter, make any further use thereof.
Appears in 1 contract
Trademarks, Trade Names and Service Marks. (a) The names "Marriott", "Residence Inn, Residence Inn by Marriott" and "TownePlace SuitesMarriott Residence Inn" (each of the foregoing names, together with any combination thereof, collectively, the "Trade Names") when used alone along or in connection with another word or words, and the Marriott, Marriott or Residence Inn or TownePlace Suites by Marriott trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated Persons, and nothing contained in this Agreement shall confer on Landlord the right to use any of the Trade Names, or the Marriott, Marriott or Residence Inn or TownePlace Suites by Marriott trademarks, service marks, other trade names, symbols, logos or designs other than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other Leases, any use of or right to use any of the Trade Names, or any of the Marriott, Marriott or Residence Inn or TownePlace Suites by Marriott trademarks, service marks, other trade names, symbols, logos or designs by Landlord shall be governed by the Franchise Agreement and/or Owner Owner's Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel any signs or similar items which contain any of the Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord has not removed such signs or similar items within ten (10) Business Days after termination of this Agreement, Tenant shall have the right to do so at Landlord's expense. Included under the terms of this section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the Hotel, including, but not limited to, restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn or TownePlace Suites by Marriott name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Tenant, and the use thereof inures to the benefit of Tenant whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a22.17(a) shall survive termination of this Agreement.
(b) Any computer software (including upgrades and replacements) at the Hotel owned by Tenant or any of its Affiliated Persons, or the licensor of any of them is proprietary to Tenant or any of its Affiliated Persons, or the licensor of any of them and shall in all events remain the exclusive property of Tenant or any of its Affiliated Persons or the licensor of any of them, as the case may be, and nothing contained in this Agreement shall confer on Landlord the right to use any of such software. Tenant shall have the right to remove from the Hotel without compensation to Landlord any computer software (including upgrades and replacements), including, without limitation, the system software, owned by Tenant or any of its Affiliated Persons or the licensor of any of them. Further, upon termination of this Agreement, Tenant shall be entitled to remove from the Hotel without compensation to Landlord any computer equipment utilized as part of a centralized reservation system or owned by a party other than the Landlord.
Appears in 1 contract
Trademarks, Trade Names and Service Marks. (a) 9.01 Trademarks, Trade Names and Service Marks -----------------------------------------
A. During the term of the Agreement, each Inn shall be known as a "Residence Inn" or "Residence Inn by Marriott" or "Marriott Residence Inn", with such additional identification as may be necessary to provide local identification. If the name of the "Residence Inn by Marriott" System is changed, Manager will change the name of each Inn to conform thereto. The names "Marriott", ," "Residence Inn," "Residence Inn by Marriott" and "TownePlace SuitesMarriott Residence Inn" (each of the foregoing names, together with any combination thereof, collectively, shall herein be collectively referred to as the "Trade Names") when used alone or in connection with another word or words, and the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor Manager or its Affiliated PersonsMarriott, and nothing contained in this Agreement herein shall confer on Landlord Owner the right to use any of the Trade Names, or the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs other otherwise than in strict accordance with the terms of this Agreement. Upon termination Except as provided in Section 9.02, upon Termination with respect to any one or more of this Agreement and the Other LeasesInns, any use of or right to use any of the Trade Names, or any of the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs by Landlord Owner shall be governed by the Franchise Agreement and/or cease forthwith and Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel each such Inn any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord Owner has not removed such signs or similar items within ten (10) Business Days after termination of this Agreementpromptly upon Termination, Tenant Manager shall have the right to remain at such Inn as long as is necessary for it to do so at Landlord's expense. so.
B. Included under the terms of this section Section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the HotelInns, including, including but not limited to, to restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the "Residence Inn or TownePlace Suites Inn" name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantManager or Marriott, and the use thereof inures to the benefit of Tenant Manager or Marriott whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) shall survive termination of this Agreement.
Appears in 1 contract
Samples: Management Agreement (Marriott Residence Inn Ii Limited Partnership)
Trademarks, Trade Names and Service Marks. (a) The names "“Marriott", ",” “Residence Inn" ,” “Residence Inn by Marriott” and "TownePlace Suites" “Marriott Residence Inn” (each of the foregoing names, together with any combination thereof, collectively, are collectively referred to as the "“Trade Names"”) when used alone or in connection with another word or words, and the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated PersonsMarriott, and nothing contained in this Agreement shall confer on Landlord Owner the right to use any of the Trade Names, or the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs other otherwise than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other LeasesExcept as provided in Section 11.11.E, upon Termination, any use of or right to use any of the Trade Names, or any of the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs by Landlord Owner shall be governed by the Franchise Agreement and/or cease forthwith and Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord shall promptly remove from the Hotel Inn any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord Owner has not removed such signs or similar items within ten (10) Business Days days after termination of this AgreementTermination, Tenant Manager shall have the right to do so at Landlord's Owner’s expense; and if Owner fails to reimburse Manager for such expense within ten (10) days after receipt of written notice thereof from Manager to Owner, then Manager shall have the right (without affecting Manager’s other remedies under this Agreement) to withdraw the amount of such expenses from the Reserve, the Working Capital funds or any other funds of Owner held by or under the control of Manager. Included under the terms of this section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the HotelInn, including, including but not limited to, to restaurant names, lounge names, etc., whether or not the marks contain the "“Marriott" ” name or the “Residence Inn or TownePlace Suites Inn” name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantManager, and the use thereof inures to the benefit of Tenant Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) 11.12 shall survive termination of this AgreementTermination.
Appears in 1 contract
Trademarks, Trade Names and Service Marks. (a) 9.01 Trademarks, Trade Names and Service Marks -----------------------------------------
A. During the term of the Agreement, each Inn shall be known as a "Residence Inn" or "Residence Inn by Marriott" or "Marriott Residence Inn", with such additional identification as may be necessary to provide local identification. If the name of the "Residence Inn by Marriott" System is changed, Manager will change the name of each Inn to conform thereto. The names "Marriott", ," "Residence Inn," "Residence Inn by Marriott" and "TownePlace SuitesMarriott Residence Inn" (each of the foregoing names, together with any combination thereof, collectively, shall herein be collectively referred to as the "Trade Names") ), when used alone or in connection with another word or words, and the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, . service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of Franchisor or its Affiliated PersonsMarriott, and nothing contained in this Agreement herein shall confer on Landlord Lessee the right to use any of the Trade Names, or the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs other otherwise than in strict accordance with the terms of this Agreement. Upon termination of this Agreement and the Other LeasesExcept as provided in Section 9.02, upon Termination with respect to an Inn, any use of or right to use any of the Trade Names, or any of the Marriott, Marriott or Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs by Landlord Lessee shall be governed by the Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord cease forthwith with respect to such Inn and Lessee shall promptly remove from the Hotel such Inn any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designs. If Landlord Lessee has not removed such signs or similar items within ten (10) Business Days after termination of this Agreementpromptly upon Termination, Tenant Manager shall have the right to remain at such Inn as long as is necessary for it to do so at Landlord's expense. so.
B. Included under the terms of this section Section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the HotelInns, including, including but not limited to, to restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the "Residence Inn or TownePlace Suites Inn" name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantManager, and the use thereof inures to the benefit of Tenant Manager whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) shall survive termination of this Agreement.
Appears in 1 contract
Trademarks, Trade Names and Service Marks. (a) The names "Marriott"Section 11.1 Tenant's Trademarks, "Residence Inn" Trade Names and "TownePlace Suites" (each of the foregoing names, together with any combination thereof, collectively, the "Trade Names") when used alone or in connection with another word or words, and the Marriott, Residence Inn or TownePlace Suites Service Marks. All Tenant's trademarks, service marks, other trade names, symbolslogos, logos symbols and designs shall in all events remain the exclusive property of Franchisor or Tenant and its Affiliated PersonsAffiliates, and nothing contained in this Agreement herein shall confer on Landlord the right to use any of the Trade Namessuch names, or the Marriott, Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbolslogos, logos symbols or designs other than in strict accordance with the terms of this AgreementLease. Upon Except as provided in Section 11.2, upon the expiration or termination of this Agreement and the Other LeasesLease, any use of or right to use any of the Trade Namessaid names, or any of the Marriott, Residence Inn or TownePlace Suites trademarks, service marks, other trade names, symbolslogos, logos symbols or designs by Landlord shall be governed by the Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord cease forthwith and Tenant shall (at Tenant's sole cost and expense) promptly remove from the Hotel Premises any signs or similar items which contain any of the Trade NamesTenant's names, trademarks, trade names, service marks, other trade nameslogos, symbols, logos symbols or designs. If Landlord has not removed such signs or similar items within ten (10) Business Days after termination of this Agreement; provided, however, that Tenant shall have be responsible for the right to do so at Landlord's expensecost of any resulting repairs that may be necessary as a result of such removal. Included under the terms of this section Section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the HotelPremises, including, including but not limited to, to restaurant names, lounge names, etc., whether or not the marks contain the "MarriottRed Lion" name or the Residence Inn or TownePlace Suites name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to Tenant, and the use thereof inures to the benefit of Tenant whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) shall survive termination of this Agreement.
Appears in 1 contract
Samples: Lease Agreement (Doubletree Corp)
Trademarks, Trade Names and Service Marks. (a) The names "“Marriott", "Residence Inn" ,” “ ,” “ ” and "TownePlace Suites" “ ” (each of the foregoing names, together with any combination thereof, collectively, are collectively referred to as the "“Trade Names"”) when used alone or in connection with another word or words, and the Marriott, Residence Inn Marriott or TownePlace Suites trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of the Franchisor or its Affiliated Persons, under the Franchise Agreements and nothing contained in this Agreement shall confer on Landlord Tenant the right to use any of the Trade Names, or the Marriott, Residence Inn Marriott or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs other affiliated or used therewith otherwise than in strict accordance with the terms of this Agreement. Upon Except as provided in Section 11.11.E and the Franchise Agreement, upon termination of this Agreement and the Other Leaseswith respect to any Hotel, any use of or right to use any of the Trade Names, or any of the Marriott, Residence Inn Marriott or TownePlace Suites trademarks, service marks, other trade names, symbols, logos or designs by Landlord Tenant shall be governed by the Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord cease forthwith and Tenant shall promptly remove from the such Hotel any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designsdesigns in accordance with the Franchise Agreement and this Agreement. If Landlord Tenant has not removed such signs or similar items within ten (10) Business Days after termination of this AgreementDays, Tenant Manager shall have the right to do so at Landlord's expenseso. The cost of such removal shall be a Deduction for such Hotel attributable to the Accounting Period in which such Termination occurs. Included under the terms of this section Section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the such Hotel, including, including but not limited to, to restaurant names, lounge names, etc., whether or not the marks contain the "“Marriott" ” name or the Residence Inn or TownePlace Suites name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantMarriott, and the use thereof inures to the benefit of Tenant Marriott whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) 11.12 shall survive termination of this AgreementTermination.
Appears in 1 contract
Samples: Management Agreement (Hospitality Properties Trust)
Trademarks, Trade Names and Service Marks. (a) The names "Marriott," ", Courtyard," "Residence InnCourtyard by Marriott" and "TownePlace SuitesMarriott Courtyard" (each of the foregoing names, together with any combination thereof, collectively, are collectively referred to as the "Trade Names") when used alone or in connection with another word or words, and the Marriott, Residence Inn Marriott or TownePlace Suites Courtyard by Marriott trademarks, service marks, other trade names, symbols, logos and designs shall in all events remain the exclusive property of the Franchisor or its Affiliated Persons, under the Franchise Agreements and nothing contained in this Agreement shall confer on Landlord Tenant the right to use any of the Trade Names, or the Marriott, Residence Inn Marriott or TownePlace Suites Courtyard by Marriott trademarks, service marks, other trade names, symbols, logos or designs other affiliated or used therewith otherwise than in strict accordance with the terms of this Agreement. Upon Except as provided in Section 11.11.E and the Franchise Agreement, upon termination of this Agreement and the Other Leaseswith respect to any Hotel, any use of or right to use any of the Trade Names, or any of the Marriott, Residence Inn Marriott or TownePlace Suites Courtyard by Marriott trademarks, service marks, other trade names, symbols, logos or designs by Landlord Tenant shall be governed by the Franchise Agreement and/or Owner Agreement, upon termination of this Agreement, and, if the Franchise Agreement or a replacement Franchise Agreement will not remain in effect, Landlord cease forthwith and Tenant shall promptly remove from the such Hotel any signs or similar items which contain any of the said Trade Names, trademarks, service marks, other trade names, symbols, logos or designsdesigns in accordance with the Franchise Agreement and this Agreement. If Landlord Tenant has not removed such signs or similar items within ten (10) Business Days after termination of this Agreementdays, Tenant Manager shall have the right to do so at Landlord's expenseso. The cost of such removal shall be a Deduction for such Hotel attributable to the Accounting Period in which such Termination occurs. Included under the terms of this section Section are all trademarks, service marks, trade names, symbols, logos or designs used in conjunction with the such Hotel, including, including but not limited to, to restaurant names, lounge names, etc., whether or not the marks contain the "Marriott" name or the Residence Inn or TownePlace Suites Courtyard by Marriott name. The right to use such trademarks, service marks, trade names, symbols, logos or designs belongs exclusively to TenantMarriott, and the use thereof inures to the benefit of Tenant Marriott whether or not the same are registered and regardless of the source of the same. The provisions of this Section 22.16(a) 11.12 shall survive termination of this AgreementTermination.
Appears in 1 contract
Samples: Management Agreement (Hospitality Properties Trust)