Placement Programs Clause Samples

Placement Programs. Notwithstanding anything to the contrary in this Agreement, Operator shall have the right, from time to time, at Operator’s expense, to market, promote and/or sell any products or services offered by Operator or any Affiliate or any other Person designated by Operator or any Affiliate as a Brand partner (a “Designated Brand Partner”) at or in connection with the Hotel, including any Starwood Vacation Product, Starwood Residential Product, spa, restaurant, bar or other retail or residential products or services (a “Placement Program”). All such products and services shall be compatible with the Operation of the Hotel and, to the extent applicable, be comparable with the level of similar products and services generally available at other Operated Brand Hotels. Operator shall have the right to use space, facilities, equipment, utilities or Hotel Personnel at the Hotel for such Placement Programs as reasonably required for the Placement Program; provided, however, that if any such Placement Program requires more than a de minimis use of space, facilities, equipment, utilities or personnel, then the Parties shall negotiate in good faith to agree on an arm’s length compensation for such use, which compensation shall not include percentage rent (the “Placement Payment”) and if not agreed within thirty (30) days of the commencement of negotiations, either Party shall be permitted to submit the matter to arbitration in accordance with Article 17. Owner acknowledges that passive marketing of any Starwood Vacation Product or Starwood Residential Product such as television advertising and catalogs or other in-room collateral is a de minimis use of the Hotel.