Competitive Market Area. Operator hereby agrees, for the benefit of Lessee, its successors and assigns, except for the hotels, if any, listed as Exhibit A-4, that Operator (and its Affiliates) will not own, operate, lease, manage, or otherwise have an interest in, directly or indirectly, any hotel within a five (5) mile radius of any Hotel during the Operating Term unless expressly consented to in writing by Lessee in advance, which consent may be withheld in Lessee’s sole and absolute discretion.
Competitive Market Area. If Operator (or its Affiliates) build or develop, and open for service to the public, directly or indirectly, any hotel within a three (3) mile radius of any Hotel during the Operating Term, then unless Lessee has expressly consented thereto in writing in advance, which consent may be withheld in Lessee's sole and absolute discretion, Lessee shall have the right to terminate this Agreement upon thirty (30) days' prior written notice to Operator, without payment of a termination fee or penalty. The foregoing provision shall not be deemed to apply to debt financing provided to any hotel project by Operator or its Affiliates (which shall include, without limitation, Stonehill Strategic Capital, LLC), nor to the acquisition, through foreclosure proceedings or otherwise, by Operator or its Affiliates, of any hotel project to which Operator or its Affiliates has provided, or in the future provides, debt financing.
Competitive Market Area. Operator hereby agrees, for the benefit of Lessee, its successors and assigns, that Operator will not own, operate, lease or otherwise have an interest in, directly or indirectly, in any hotel in the competitive set of a Hotel and within a five (5) mile radius of such Hotel during the Operating Term unless expressly permitted by Lessee. The foregoing restriction shall apply to Operator and its Affiliates but shall not apply to Noble. Notwithstanding the foregoing, Operator hereby represents and warrants to Lessee that there are no agreements or other restrictions which prohibit, limit or otherwise restrict in any manner Operator, its officers, governors, members or Affiliates from entering into this Agreement or performing Operator's obligations under this Agreement.
Competitive Market Area. The Manager covenants and agrees that during the Term the Manager shall not own in whole or in part, lease, operate or manage any hotel, motel, conference center, resort, or similar lodging facility located within a 50-mile radius of the Properties. The parties agree that this restriction shall not apply to (i) any operations currently conducted by the Manager within the restricted area, (ii) any operations within the restricted area obtained by the Manager as part of the acquisition of all or substantially all of the assets or stock of a separate entity, (iii) any operations where the Manager's interest in such business is conducting food and beverage services; it being understood and agreed that any of the restrictions contained in this Section 19.09 may be waived by the Owner.
Competitive Market Area. Section 21.05. Assumption of Post Termination Obligations. Section 21.06. Entire Agreement. Section 21.07. Governing Law. Section 21.08. No Political Contributions.
Competitive Market Area. The cross-hatched area shown on the map attached hereto as Exhibit B and incorporated herein by this reference. For the avoidance of doubt, such area includes all of the areas known as “Skyline”, “Columbia Pike”, “I-395 Corridor” and “Seven Corners”, and is bordered by Route 50 to the north, I-395 to the south, Washington Boulevard to the east and Route 7 to the west.
Competitive Market Area. Operator hereby agrees, for the benefit of Lessee, its successors and assigns, except for the hotels, if any, listed as Exhibit A-4, that Operator (and its Affiliates) will not own, operate, lease, manage, or otherwise have an interest in, directly or indirectly, any hotel within a five (5) mile radius of any Hotel during the Operating Term unless expressly consented to in writing by Lessee in advance, which consent may be withheld in Lessee’s sole and absolute discretion. Lessee acknowledges that Lessee had expressly consented to permit Operator to own, operate and manage the Holiday Inn in Alexandria, VA located three (3) miles from the Lessee’s Comfort Inn and Days Inn also located in Alexandria, VA.
