Common use of Change in Operations Clause in Contracts

Change in Operations. (a) The following events shall -------------------- constitute changes in the operation of the Hotel ("Change in Operations") for -------------------- the purposes of this Agreement: (i) a change in the franchisor, if any, or (ii) the conversion of a subtenant, licensee or concessionaire to an operating department of the Hotel or vice-versa without Landlord's consent, or (iii) Tenant's decision to delegate or eliminate the operation of any food or beverage operations at the Hotel, or (iv) the repositioning or expansion of the Hotel. (b) If Tenant desires to implement a Change in Operations, Landlord may accept or reject such change in its sole and absolute discretion. If Landlord does not consent to the Change in Operations, Tenant shall not be entitled to implement the proposed Change in Operations and this Agreement shall remain in full force and effect. (c) Notwithstanding anything to the contrary contained herein, no adjustment of Rent pursuant to a Change in Operations shall be implemented without the receipt by Landlord of an opinion from its tax counsel, satisfactory to Landlord in form and substance, that such adjustment will not adversely affect the REIT's ability to qualify as a real estate investment trust under the applicable provisions of the Code.

Change in Operations. (a) The following events shall -------------------- constitute changes in the operation of the Hotel ("Change in OperationsCHANGE IN OPERATIONS") for -------------------- the purposes of this Agreement: (i) a change in the franchisor, if any, or (ii) the conversion of a subtenant, licensee or concessionaire to an operating department of the Hotel or vice-versa without Landlord's consent, or (iii) Tenant's decision to delegate or eliminate the operation of any food or beverage operations at the Hotel, or (iv) the repositioning or expansion of the Hotel. (b) If Tenant desires to implement a Change in Operations, Landlord may accept or reject such change in its sole and absolute discretion. If Landlord does not consent to the Change in Operations, Tenant shall not be entitled to implement the proposed Change in Operations and this Agreement shall remain in full force and effect. (c) Notwithstanding anything to the contrary contained herein, no adjustment of Rent pursuant to a Change in Operations shall be implemented without the receipt by Landlord of an opinion from its tax counsel, satisfactory to Landlord in form and substance, that such adjustment will not adversely affect the REIT's ability to qualify as a real estate investment trust under the applicable provisions of the Code.

Change in Operations. (a) The following events shall -------------------- constitute changes in the operation of the Hotel ("Change in Operations") for -------------------- the purposes of this Agreement: (i) a change in the franchisor, if any, or (ii) the conversion of a subtenant, licensee or concessionaire to an operating department of the Hotel or vice-versa without Landlord's consent, or (iii) Tenant's decision to delegate or eliminate the operation of any food or beverage operations at the Hotel, or (iv) the repositioning or expansion of the Hotel. (b) If Tenant desires to implement a Change in Operations, Landlord may accept or reject such change in its sole and absolute discretion. If Landlord does not consent to the Change in Operations, Tenant shall not be entitled to implement the proposed Change in Operations and this Agreement shall remain in full force and effect. (c) Notwithstanding anything to the contrary contained herein, no adjustment of Rent pursuant to a Change in Operations shall be implemented without the receipt by Landlord of an opinion from its tax counsel, satisfactory to Landlord in form and substance, that such adjustment will not adversely affect the REIT's ability to qualify as a real estate investment trust under the applicable provisions of the Code.