Radius Restriction. Subject to the provisions of ------------------ Section 13.4 below, during the Restricted Period, neither Seller nor any Seller ------------ Subsidiary shall own, lease, acquire, construct or manage any Full Service Hotel located within a three (3) mile radius of the Hotel.
Radius Restriction. 37 13.3. AmeriSuites Hotels............................................ 37 13.4. Multi-Property Exception...................................... 40 13.5. Survival and Damages.......................................... 40 13.6.
Radius Restriction. (a) For purposes of this Section 4.5, “
Radius Restriction. During the Term, neither Tenant nor any entity owned by or controlled directly or indirectly by or under common control with Tenant, nor any shareholder or partner holding more than fifty percent (50%) of the shares or partnership interest, as the case may be, of Tenant shall own, operate or have any financial interest in any business similar to the business of Tenant, as set forth in Section 1. 14, if such other business is opened after the Date of Lease specified in Section 1.1 and its front door or storefront opening is located within three (3) miles of the front door or storefront opening of the Premises. Without limiting Landlord's remedies if Tenant violates this covenant, Landlord, for so long as Tenant is operating the other business, may include the gross sales (as the term Gross Sales is defined in this Lease) of the other business in the Gross Sales made from the Premises for the purpose of computing Percentage Rental. Landlord or its authorized representative, at all reasonable times during the Term and for a period of at least three (3) years after expiration or earlier termination of this Lease, shall have the right to inspect, audit, copy and make extracts of the books, records and accounts pertaining to such other business, in the manner set forth in Section 8.3, for the purpose of determining and verifying the additional Percentage Rental due to Landlord pursuant to this Section 11.7.
Radius Restriction. Neither the City nor Operator may develop or operate a competing theater of between 2000 - 3500 seats within a 50-mile radius of the DPAC. Notwithstanding the radius restriction, the City of Greensboro city limits is exempted from this restriction.
Radius Restriction. Neither Tenant nor any Person which controls or is controlled by or is under common control or common ownership with Tenant, shall directly or indirectly manage, operate or hold an ownership interest in any Medical Building (as defined herein) in the Restricted Area (as defined herein). For the purpose of this Lease, the term “Restricted Area” shall mean and refer to the areas currently comprising and serviced by the United States Postal Service Zip Codes identified on Exhibit 5.4 attached hereto and incorporated herein. For purposes of this Lease, “Medical Building” means a building having the following attributes: (a) rentable building area of more than 10,000 square feet; and (b) used by or leased (or marketed for lease or sale) to one or more physicians, physician groups and/or healthcare professionals. This Section 5.4 shall be binding upon any future owner of the MOB that succeed to Tenant’s interest under this Lease, and shall continue to be binding upon and inure to the benefit of Landlord, and its successors and assigns. Upon a sale or other transfer of all of Tenant’s interest in the MOB to an entity which is not an Affiliate of Tenant as the same is permitted under this Lease, Tenant shall be automatically released from the restrictions of this Section. Notwithstanding anything contained herein to the contrary, the Radius Restriction shall not be applicable to CMH (as hereafter defined) or any successor Landlord or its or their Affiliates and CMH or any successor Landlord or its or their Affiliates are expressly exempted therefrom.
Radius Restriction. For a twenty (20) year period commencing on the Closing Date, neither ShoLodge nor any ShoLodge Affiliate shall own, operate or franchise any all-suites hotel substantially similar in nature and kind to the AmeriSuites hotels to be operated by Prime or a Prime Subsidiary, as applicable, as contemplated in this Agreement anywhere within a certain designated area of each Hotel, such area being as to the Existing HPT Hotels and the Additional HPT Hotels the applicable "Restricted Trade Area" as set forth in Exhibit B to the HPT Lease or the comparable provision of any separate lease contemplated in Section 3.3 and in Section 3.8, as applicable, and being as to the Texas Hotels a three (3) mile radius of each such Texas Hotel. The foregoing, however, shall not limit ShoLodge or any ShoLodge Affiliate from (i) developing or constructing any all-suites hotel substantially similar in nature and kind to the AmeriSuites hotels contemplated herein within such restricted area as long as such hotel is both (A) operated by someone other than ShoLodge or a ShoLodge Affiliate, and (B) owned by someone other than ShoLodge or a ShoLodge Affiliate, or (ii) owning, operating or franchising (A) any "Shoney's" brand all-suites hotel within such restricted area, or (B) any other hotel within such restricted area as long as such other hotel is not an all-suites hotel substantially similar in nature and kind to the AmeriSuites hotels contemplated herein. The provisions of this Section 18.2 shall survive the Closing. Prime shall have the right to any remedies available to it at law or in equity, including without limitation, injunction, in the event ShoLodge or any ShoLodge Affiliate violates the covenant set forth in this Section 18.2.
Radius Restriction. 6.5.1 Except as expressly provided in Paragraph 6.5.2 below, during the Term, neither Tenant nor Tenant's management, or any person or entity controlled by Tenant or controlling Tenant (including, without limitation, the New York Restaurant Group, Inc.), or controlled by the same person or entity or persons or entities who control Tenant (individually and collectively, the "Tenant Affiliate"), shall own, operate or maintain, or have any significant affiliation, investment or interest, directly or indirectly, through or with any other person, partnership, corporation, agent or employee in any similar or competing business as that being operated at the Premises, within a radius of five (5) miles from the Premises (which distance shall be measured in a straight line without reference to road mileage) (the "Restricted Area"). Tenant acknowledges that Landlord's obtaining a fair and equitable rental for the Premises under this Lease is dependent upon Tenant's concentrating its business efforts within the geographical area in which the Premises are located so as to maximize the Gross Receipts, and Tenant further acknowledges that any activity by Tenant within such geographical area in operating or participating in the operation of a similar or competing business shall necessarily have an adverse effect on the volume of Gross Receipts by Tenant at the Premises to the detriment of Landlord and will deprive Landlord of the fair rental to which the parties have agreed. Accordingly, in the event that during the Term there is a breach of the covenant set forth in the first sentence of this Paragraph 6.5, then the Gross Receipts of any such other place of business shall be included in the Gross Receipts made from the Premises to determine the Percentage Rent due under this Lease, as fully as though such Gross Receipts had actually been made from the Premises. In such event, all of the provisions of this Paragraph 6 shall be applicable to the Gross Receipts of, and all the books and records pertaining to, such competing restaurants.
Radius Restriction. Tenant or Tenant's affiliates shall not directly or indirectly operate, license, own or otherwise control a business within the "Area of Exclusivity" (as defined below), the primary use of which is the same or substantially similar to the primary Permitted Use, including without limitation any venue with an entertainment experience substantially similar to the Permitted Use and/or using the name, logo, marquee, tradename, trademark or other identifying mark/xxxo used by Tenant for the Premises of this Lease, or using, in whole or in part, any other tradename for the Premises as otherwise approved by Landlord; provided, however, notwithstanding the foregoing, Tenant shall have the right, itself and/or through any other party, to distribute any and all merchandise with the "Nascar" and/or "Silicon Motor Speedway" name and/or any of Tenant's other tradenames, and/or any logo, marquee, trademark or other identifying mark/xxxo related to such tradenames, within the Area of Exclusivity.
Radius Restriction. Neither Tenant, nor any Principal shall own or operate, directly or indirectly, or participate, directly or indirectly, in the development of any medical office building or complex (a) on the campus of any hospital, constructed within a five (5) mile radius of the Hospital Campus, (b) on the Baptist Hospital campus located at 19th Avenue and Xxxxxxx Home Road, or (c) on the Paradise Valley Hospital campus located at Street and Xxxx Road. The Principals shall execute this Lease solely for the purpose of agreeing to the provisions of this Section 6.8.
