Common use of Damage or Destruction Condemnation Clause in Contracts

Damage or Destruction Condemnation. 16.1. If the Hotel is damaged by fire or other casualty, Operator shall promptly notify Owner. This Agreement shall remain in full force and effect subsequent to such casualty provided that either party may terminate this Agreement upon thirty days’ prior written notice to the other party if (a) Owner shall elect to close the Hotel as a result of such casualty (except on a temporary basis for repairs or restoration) or (b) Owner shall determine in good faith not to proceed with the restoration of the Hotel; provided further, Operator may terminate this Agreement upon thirty days’ prior written notice to Owner if forty percent (40%) or more of the rooms in the Hotel are unavailable for rental for a period of one hundred eighty (180) days or more as a result of such casualty.

Appears in 5 contracts

Samples: Hotel Management Agreement (Intergroup Corp), Hotel Management Agreement (Portsmouth Square Inc), Hotel Management Agreement (Santa Fe Financial Corp)

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Damage or Destruction Condemnation. 16.1. If the Hotel is damaged by fire or other casualty, Operator shall promptly notify Owner. This Agreement shall remain in full force and effect subsequent to such casualty provided that either party may terminate this Agreement upon thirty days’ days prior written notice to the other party if (a) Owner shall elect to close the Hotel as a result of such casualty (except on a temporary basis for repairs or restoration) or (b) Owner shall determine in good faith not to proceed with the restoration of the Hotel; provided further, Operator may terminate this Agreement upon thirty days’ days prior written notice to Owner if forty twenty percent (4020%) or more of the rooms in the Hotel are unavailable for rental for a period of one hundred eighty sixty (18060) days or more as a result of such casualty.

Appears in 1 contract

Samples: Hotel Management Agreement (American Realty Capital Hospitality Trust, Inc.)

Damage or Destruction Condemnation. 16.115.1. If the Hotel is damaged by fire or other casualty, Operator shall promptly notify Owner. This Agreement shall remain in full force and effect subsequent to such casualty provided that either party may terminate this Agreement upon thirty (30) days' prior written notice to the other party if (a) Owner shall elect to close the Hotel as a result of such casualty (except on a temporary basis for repairs or restoration) or (b) Owner shall determine in good faith not to proceed with the restoration of the Hotel; Hotel and provided further, further that Operator may terminate this Agreement upon thirty (30) days' prior written notice to Owner if forty percent (40%) 20% or more of the rooms in the Hotel are unavailable for rental for a period of one hundred eighty sixty (18060) days or more as a result of such casualty.

Appears in 1 contract

Samples: Hotel Management Agreement (Boykin Lodging Co)

Damage or Destruction Condemnation. 16.115.1. If the Hotel is damaged by fire or other casualty, Operator shall promptly notify OwnerLessee. This Agreement shall remain in full force and effect subsequent to such casualty provided that either party may terminate this Agreement upon thirty days’ days prior written notice to the other party if (a) Owner Lessee shall elect to close the Hotel as a result of such casualty (except on a temporary basis for repairs or restoration) or (b) Owner Lessee shall determine in good faith not to proceed with the restoration of the Hotel; Hotel and provided further, further that Operator may terminate this Agreement upon thirty days’ days prior written notice to Owner Lessee if forty percent (40%) 20% or more of the rooms in the Hotel are unavailable for rental for a period of one hundred eighty (180) sixty days or more as a result of such casualty.

Appears in 1 contract

Samples: Agreement (Winston Hotels Inc)

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Damage or Destruction Condemnation. 16.1. If the Hotel is damaged by fire or other casualty, Operator shall promptly notify Owner. This Subject to the terms of the Major Agreements, this Agreement shall remain in full force and effect subsequent to such casualty provided that either party may terminate this Agreement upon thirty days’ (30) days prior written notice to the other party if (a) Owner shall elect to close the Hotel as a result of such casualty (except on a temporary basis for repairs or restoration) or (b) Owner shall determine in good faith not to proceed with the restoration of the Hotel; provided further, Operator may terminate this Agreement upon thirty days’ (30) days prior written notice to Owner if forty twenty percent (4020%) or more of the rooms in the Hotel are unavailable for rental for a period of one hundred eighty sixty (18060) days or more as a result of such casualty.

Appears in 1 contract

Samples: Hotel Management Agreement (Luxurban Hotels Inc.)

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