Common use of Hotel Clause in Contracts

Hotel. Except to the extent prevented by causes beyond Tenant’s reasonable control which are described in Articles 10 and 11, Tenant shall significantly renovate the Conference Center and the guest rooms, guest room corridors and public facilities, including without limitation replacement of soft goods furniture, fixtures and equipment (e.g., textile, fabric and vinyl and similar products used in finishing and decorating the Hotel, its guestrooms, corridors and Public Facilities, such as vinyl wall and floor coverings, drapes, sheers, cornice coverings, carpeting, bedspreads, lamp shades, upholstery and all other unspecified items of the same class) (the “Renovation”), except as hereafter provided, at least every consecutive period of five (5) Lease Years during the Term and any extended term hereof, commencing on the fifth (5th) anniversary of the issuance of a Certificate of Occupancy for the Hotel and Convention Center, and shall replace case goods, furniture, fixtures and equipment (e.g., chests, armoires, chairs, beds, headboards, desks, tables, television sets, mirrors, pictures, wall decorations and all other unspecified items of the same class) at least every consecutive period of ten (10) Lease Years during the Term hereof (the “Replacement”); provided, however, that Tenant shall make such earlier, more frequent and/or more extensive Hotel renovations as may be required to maintain the Hotel in good standing under the Hotel Franchisor brand that the Hotel is then being operated, but in any event no less than if the Hotel were being operated under the Hilton (Garden Inn) brand (the “Hotel Franchisor Standard”). If the Hilton (Garden Inn) brand ceases to exist, the Hotel Franchisor Standard shall be no less than the successor brand to the Hilton (Garden Inn) brand or, if no such successor brand then exists, then to the next closest hotel brand as mutually agreed upon in writing by Landlord and Tenant or, if Landlord and Tenant are unable to reach such agreement in writing within thirty (30) days after written request by either Party to the other, then the next closest brand shall be selected by a mediator mutually agreed upon in writing by Landlord and Tenant. If Landlord and Tenant are unable to reach an agreement as to a mediator, then Tenant shall select one mediator, Landlord shall select another mediator, and the two mediators so chosen shall choose a third to compose a panel of mediators to determine the next closest hotel brand. Notwithstanding the foregoing, Tenant and Landlord may conduct an inspection and review of the Leased Premises at the time provided for the first renovation, and at the sole discretion of the Landlord, the first renovation may be delayed for a period of up to two years. Should such a delay be granted by Landlord, Tenant will thereafter continue to make Renovations according to the schedule hereinabove provided every five (5) Lease Years after the first Renovation, and each subsequent Renovation shall be completed each subsequent five (5) years thereafter. No change in the timing for one or more required Renovations shall affect the time for any Replacement required under this Section 8.2.1. If any renovations are completed earlier than required under the foregoing schedule because of requirements of the hotel franchisor, and if such hotel franchisor required renovation includes every item required to be renovated pursuant to this Section 8.2.1, then the next renovation shall not be required until five years from the date of such hotel franchisor required renovation.