OR
CONCESSIONAIRE TO AN OPERATING DEPARTMENT OF THE FACILITY OR VICE VERSA.
4.10
ALLOCATION OF REVENUES.
IN THE EVENT THAT
INDIVIDUALS OR GROUPS PURCHASE ROOMS, FOOD AND BEVERAGE AND/OR THE USE OF OTHER
HOTEL FACILITIES OR SERVICES TOGETHER OR AS PART OF A PACKAGE, LESSEE AGREES
THAT REVENUES SHALL BE ALLOCATED AMONG ROOM REVENUES, FOOD SALES, BEVERAGE SALES
AND/OR OTHER REVENUE CATEGORIES, AS APPLICABLE, IN A REASONABLE MANNER
CONSISTENT WITH THE HISTORICAL ALLOCATION OF SUCH REVENUES.
ARTICLE V
QUIET ENJOYMENT
5.1
QUIET ENJOYMENT.
LESSOR HAS FULL RIGHT TO
MAKE THIS LEASE AND, SUBJECT TO THE TERMS AND PROVISIONS OF THIS LEASE AND
PROVIDED LESSEE PAYS ALL RENT AND COMPLIES WITH THE TERMS OF THIS LEASE, LESSEE
SHALL HAVE QUIET AND PEACEABLE ENJOYMENT OF THE LEASED PROPERTY DURING THE
TERM.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS LEASE, LESSEE, TO THE
MAXIMUM EXTENT PERMITTED BY LAW, SHALL REMAIN BOUND BY THIS LEASE IN ACCORDANCE
WITH ITS TERMS AND SHALL NEITHER TAKE ANY ACTION WITHOUT THE WRITTEN CONSENT OF
LESSOR TO MODIFY, SURRENDER OR TERMINATE THE SAME, NOR SEEK NOR BE ENTITLED TO
ANY ABATEMENT, DEDUCTION, DEFERMENT OR REDUCTION OF THE RENT, OR SETOFF AGAINST
THE RENT, NOR SHALL THE OBLIGATIONS OF LESSEE BE OTHERWISE AFFECTED BY REASON OF
(A) ANY DAMAGE TO OR DESTRUCTION OF THE LEASED PROPERTY OR ANY PORTION THEREOF
FROM WHATEVER CAUSE, (B) THE LAWFUL OR UNLAWFUL PROHIBITION OF, OR RESTRICTION
UPON LESSEE'S USE OF THE LEASED PROPERTY, OR ANY PORTION THEREOF, OR THE
INTERFERENCE WITH SUCH USE BY ANY PERSON, CORPORATION, PARTNERSHIP OR OTHER
ENTITY OR BY REASON OF EVICTION BY PARAMOUNT TITLE, (C) ANY CLAIM
15
WHICH LESSEE HAS OR MIGHT HAVE AGAINST LESSOR BY REASON OF ANY DEFAULT OR BREACH
OF ANY WARRANTY BY LESSOR UNDER THIS LEASE OR ANY OTHER AGREEMENT BETWEEN LESSOR
AND LESSEE, OR TO WHICH LESSOR AND LESSEE ARE PARTIES, (D) ANY BANKRUPTCY,
INSOLVENCY, REORGANIZATION, COMPOSITION, READJUSTMENT, LIQUIDATION, DISSOLUTION,
WINDING UP OR OTHER PROCEEDINGS AFFECTING LESSOR OR ANY ASSIGNEE OF OR
TRANSFEREE OF LESSOR, OR (E) FOR ANY OTHER CAUSE WHETHER SIMILAR OR DISSIMILAR
TO ANY OF THE FOREGOING OTHER THAN A DISCHARGE OF LESSEE FROM ANY SUCH
OBLIGATIONS AS A MATTER OF LAW.
LESSEE HEREBY SPECIFICALLY WAIVES ALL RIGHTS,
ARISING FROM ANY OCCURRENCE WHATSOEVER, WHICH MAY NOW OR HEREAFTER BE CONFERRED
UPON IT BY LAW TO (I) MODIFY, SURRENDER OR TERMINATE THIS LEASE OR QUIT OR
SURRENDER THE LEASED PROPERTY OR ANY PORTION THEREOF, OR (II) ENTITLE LESSEE TO
ANY ABATEMENT, REDUCTION, SUSPENSION OR DEFERMENT OF THE RENT OR OTHER SUMS
PAYABLE BY LESSEE HEREUNDER, EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS
LEASE.
THE OBLIGATIONS OF LESSEE HEREUNDER SHALL BE SEPARATE AND INDEPENDENT
COVENANTS AND AGREEMENTS AND THE RENT AND ALL OTHER SUMS PAYABLE BY LESSEE
HEREUNDER SHALL CONTINUE TO BE PAYABLE IN ALL EVENTS UNLESS ALL THE OBLIGATIONS
TO PAY THE SAME SHALL BE TERMINATED PURSUANT TO THE EXPRESS PROVISIONS OF THIS
LEASE OR BY TERMINATION OF THIS LEASE OTHER THAN BY REASON OF AN EVENT OF
DEFAULT.