Deflag definition

Deflag means, with respect to (i) a Licensed Vacation Ownership Property, for such property to lose its license to use the Hilton Data, Loyalty Program and Licensed IP herein and (ii) Licensor Lodging Property, for Licensor to cease Operating such property under a ▇▇▇▇▇▇ ▇▇▇▇.

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Deflag or “Deflagging” means (i) with respect to a Licensed Vacation Ownership Property, when such Vacation Ownership Property has been removed from the Applicable System and is no longer operating under the Licensed Marks, (ii) with respect to a Licensed Club, when such Club has been removed from the Applicable System and is no longer operating under the Licensed Marks, and (iii) with respect to a Starwood Lodging Facility, when a Starwood Lodging Facility has been removed from the applicable system of Starwood Lodging Facilities and is no longer operating under any of the Proprietary Marks.

Deflag or “Deflagging” means (i) with respect to a Project, when a Project has been removed from the System and is no longer operating under the Licensed Marks, (ii) with respect to a Non-Site Specific Destination Club Ownership Vehicle, when a Non-Site Specific Destination Club Ownership Vehicle has been removed from the System and is no longer operating as part of a Licensed Non-Site Specific Destination Club Program or under the Licensed Marks, and (iii) with respect to a Licensor Lodging Facility, when a Licensor Lodging Facility has been removed from the applicable system of Licensor Lodging Facilities and is no longer operating under any of the Proprietary Marks.

Examples of Deflag in a sentence

• If the threat or danger to public health or safety is not eliminated within six (6) months and Licensee fails to develop a plan to address such threat or danger in a manner reasonably acceptable to Licensor, it shall be a Deflagging Event and Licensor may Deflag such Licensed Vacation Ownership Property, immediately upon notice to Licensee.

• If Licensee fails to cure or enter into a remediation arrangement with Licensor within ninety (90) days following the date of the Deflagging Event, or fails to improve the performance of such Licensed Vacation Ownership Property in accordance with the remediation arrangement, Licensor may Deflag such Licensed Vacation Ownership Property, immediately upon notice to Licensee.

• Licensee’s failure to obtain such bond or provide adequate financial assurances is a Deflagging Event and Licensor may Deflag such Licensed Vacation Ownership Property immediately upon notice to Licensee.

• If Licensee fails to cure or enter into a remediation arrangement with Licensor within sixty (60) days following the date of the Deflagging Event, or fails to improve the performance of such Licensed Vacation Ownership Property in accordance with the remediation arrangement, Licensor may Deflag such Licensed Vacation Ownership Property, immediately upon notice to Licensee.

• If the Licensed HOA cannot effect cure within such time (or an extension thereof, which requires Licensor’s prior written consent, not to be unreasonably withheld), then Licensee shall immediately Deflag such Licensed Vacation Ownership Property, and the provisions of Section 18.1 shall apply.

• If the Non-Controlled Property Owners’ Association does not cure such failure within the applicable cure period, Licensee shall promptly issue default notices to the Non-Controlled Property Owners’ Association and promptly take such actions as are required to Deflag the Project in accordance with the agreements governing such Project or as otherwise required by Applicable Law.

• Except as expressly provided under this Agreement, Vistana may not voluntarily Deflag an Existing Property without the prior written consent of Starwood.

• If the Non-Controlled Owners’ Association and Licensee do not enter into such a sublicense agreement within sixty (60) days of written notice being delivered to Licensee by Licensor, Licensee, upon the written request of Licensor, shall promptly take such actions as are required to Deflag the Project in accordance with the agreements governing such Project or as otherwise required by Applicable Law or this Agreement.

• If the Non-Controlled Owners’ Association does not cure such failure within the applicable cure period, then Licensee, upon the written request of Licensor, shall promptly issue default notices to the applicable Non-Controlled Owners’ Association and promptly take such actions as are required to Deflag the Project in accordance with the agreements governing such Project or as otherwise required by Applicable Law or this Agreement.

More Definitions of Deflag

Deflag or “Deflagging” means (i) with respect to a Licensed Project, when such Project has been removed from the System and is no longer operating under the Licensed Hyatt Marks, (ii) with respect to an Affiliated Unbranded Shared Ownership Project, when such Project has been removed from a Licensed Club, (iii) with respect to a Non-Site Specific Shared Ownership Vehicle, when a Non-Site Specific Shared Ownership Vehicle has been removed from the System and is no longer operating as part of a Licensed Non-Site Specific Club or under the Licensed Hyatt Marks, and (iv) with respect to a Licensor Lodging Facility, when a Licensor Lodging Facility has been removed from the applicable system of Licensor Lodging Facilities and is no longer operating under any of the Proprietary Marks.

Deflag means, with respect to (a) a Licensed Vacation Ownership Property, for such property to lose its license to use the Hilton Data, Loyalty Program and Licensed IP herein and (b) Licensor Lodging Property, for Licensor to cease Operating such property under a Hilton Mark.