Upscale Condition definition

Upscale Condition means, with respect to the Hotel, the operation of the Hotel in a manner such that the condition of the Hotel shall demonstrate refined, high quality and fully functional appointments; furniture, fixtures and equipment; exterior and interior finishes; landscaping; and mechanical, electrical and structural components consistent with Comparable Hotel Properties, normal wear and tear excepted, that is consistent with the standards of operations and operating plans that an Approved Franchisor, acting as a Reasonable and Prudent Hotel Operator, would reasonably be expected to undertake and follow for the operation of a Comparable Hotel Property in order to obtain a Three Diamond Rating; provided, however, OHPD, as tenant, shall not be required as a result of the aforesaid covenant to (a) provide amenities or facilities that are impracticable as a result of the Hotel Final Design, (b) undertake any actions prohibited by the OHPD-UNT Land Lease, (c) actually obtain a Three Diamond Rating for the Hotel. UNT and the City shall have the right to inspect the Hotel on an annual basis to determine compliance with the operation of the Hotel in an Upscale Condition. Reasonable exceptions to this standard of Upscale Condition may be agreed to by the Parties and the Parties may agree to commission an independent experienced hotel industry consultant to assist in their evaluation and/or to identify necessary repairs or replacements necessary to bring such facilities to the property condition consistent with an Upscale Condition.
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Related to Upscale Condition

  • Unsafe condition as used in this clause means the actual or potential exposure of contractor or Government employees to a hazardous material as defined in Federal Standard No. 313, and any revisions thereto during the term of this contract, or any other material or working condition designated by the Contracting Officer's Technical Representative (COTR) as potentially hazardous and requiring safety controls.

  • Review Conditions means (i) the Delinquency Percentage for any Payment Date exceeds the Delinquency Trigger for that Payment Date and (ii) the Noteholders or Note Owners, as applicable, have voted, pursuant to Section 2.03(d) of the Receivables Purchase Agreement, to direct an Asset Representations Review of the Subject Receivables.

  • Mortgage Conditions means, in relation to a Mortgage Loan, the terms and conditions applicable to that Mortgage Loan and its Related Security as set out in the relevant Seller's "Mortgage Conditions" booklet and the Seller's relevant general conditions from time to time as varied by the relevant Mortgage Loan Agreement and the relevant Mortgage Deed, and any variation or supplement thereto;

  • Acute condition means that the individual is medically unstable. Such an individual requires frequent monitoring by medical professionals, such as physicians and registered nurses, in order to maintain his or her health status.

  • Normal Operating Conditions means those Service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the Cable System.