0000950123-11-015793 Sample Contracts

EMPLOYMENT AGREEMENT
Employment Agreement • February 18th, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota

THIS EMPLOYMENT AGREEMENT, effective as of February 14, 2011, between SUMMIT HOTEL PROPERTIES, INC., a Maryland corporation (the “Company”), and CRAIG J. ANISZEWSKI (the “Executive”), recites and provides as follows:

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FIRST AMENDED AND RESTATED AGREEMENT OF LIMITED PARTNERSHIP OF SUMMIT HOTEL OP, LP a Delaware limited partnership dated as of February 14, 2011
Summit Hotel Properties, Inc. • February 18th, 2011 • Real estate investment trusts • Delaware

Summit Hotel OP, LP (the “Partnership”) was formed as a limited partnership under the laws of the State of Delaware, pursuant to a Certificate of Limited Partnership filed with the Secretary of State of the State of Delaware on June 30, 2010 and an Agreement of Limited Partnership entered into as of June 30, 2010 by Summit Hotel Properties, Inc., a Maryland corporation (“Summit REIT”), as the original general partner, and Summit REIT, as the original limited partner of the Partnership. On December 7, 2010, a Certificate of Amendment to the Certificate of Limited Partnership was filed with the Secretary of State of the State of Delaware to reflect the withdrawal of Summit REIT as the original general partner of the Partnership and the admission of Summit Hotel GP, LLC, a Delaware limited liability company, as the successor general partner of the Partnership effective as of November 30, 2010. This First Amended and Restated Agreement of Limited Partnership is entered into this 14th day o

LOAN MODIFICATION AGREEMENT
Loan Modification Agreement • February 18th, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • Utah

This LOAN MODIFICATION AGREEMENT (the “Modification”) is entered into as of February 14, 2011, by and between the lender(s) (“Lender”) listed on Exhibit A (the “Loan Schedule”) and the borrower(s) listed on the Loan Schedule. References in this Modification to “Lender” and “Borrower” shall be construed to mean and refer to each Lender and each Borrower, respectively, listed on the Loan Schedule.

AMENDED AND RESTATED HOTEL MANAGEMENT AGREEMENT
Hotel Management Agreement • February 18th, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • Maryland

THIS AMENDED AND RESTATED HOTEL MANAGEMENT AGREEMENT (this “Agreement”) is made as of the 14th day of February, 2011, between the lessee entities set forth on Exhibit A attached hereto and made a part hereof (collectively, “Owner”) and INTERSTATE MANAGEMENT COMPANY, LLC (“Operator”), a Delaware limited liability company.

TRANSITION SERVICES AGREEMENT
Transition Services Agreement • February 18th, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • South Dakota

This Transition Services Agreement (this “Agreement”) is entered into as of this 14th day of February, 2011, by and between The Summit Group, Inc., a South Dakota corporation (“SGI”), and Summit Hotel OP, LP, a Delaware limited partnership (“Summit OP”).

TAX PROTECTION AGREEMENT
Tax Protection Agreement • February 18th, 2011 • Summit Hotel Properties, Inc. • Real estate investment trusts • Delaware

THIS TAX PROTECTION AGREEMENT (this “Agreement”) is made and entered into as of February 10, 2011 by and among SUMMIT HOTEL OP, LP, a Delaware limited partnership (the “Partnership”), and THE SUMMIT GROUP, INC., a South Dakota corporation and Class B member (the “Member”) in Summit Hotel Properties, LLC, a South Dakota limited liability company (the “Merging Entity”).

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