Common use of Possession and Use of Hotel Clause in Contracts

Possession and Use of Hotel. 11.01 Quiet Enjoyment --------------- Owner covenants that, so long as (i) an Event of Default by Management Company has not occurred under Article XVI of this Agreement, and (ii) Owner does not have the right to terminate this Agreement under any other Section of this Agreement, Management Company shall quietly hold, occupy and enjoy the Hotel throughout the Term hereof free from hindrance or ejection by Owner or other party claiming under, through or by right of Owner (except as may be otherwise set forth in Section 6.04). Owner agrees to pay and discharge any payments and charges and, at its expense, to prosecute all appropriate actions, judicial or otherwise, necessary to assure such free and quiet occupation. Nothing set forth in the preceding sentence, however, shall be deemed to create a recourse obligation by Owner to pay any payment or charge pursuant to a contract which is non-recourse to Owner.

Appears in 2 contracts

Sources: Management Agreement (Desert Springs Marriott Limited Partnership), Management Agreement (Crestline Capital Corp)