RESTAURANT/FOOD SERVICE OR MECHANICAL REPAIR PURPOSES OR OTHER CONCESSIONS IN
FURTHERANCE OF THE PERMITTED USE, SO LONG AS SUCH SUBLEASES WILL NOT VIOLATE OR
AFFECT ANY LEGAL REQUIREMENT OR INSURANCE REQUIREMENT, AND TENANT SHALL PROVIDE
SUCH ADDITIONAL INSURANCE COVERAGE APPLICABLE TO THE ACTIVITIES TO BE CONDUCTED
IN SUCH SUBLEASED SPACE AS LANDLORD AND ANY PROPERTY MORTGAGEE MAY REASONABLY
REQUIRE, AND (B) ENTER INTO ONE OR MORE SUBLEASES OR LICENSES WITH AFFILIATED
PERSONS
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OF TENANT WITH RESPECT TO THE LEASED PROPERTY, OR ANY PORTION THEREOF, PROVIDED
TENANT GIVES LANDLORD NOTICE OF THE MATERIAL TERMS AND CONDITIONS THEREOF.
LANDLORD AND TENANT ACKNOWLEDGE AND AGREE THAT IF TENANT ENTERS INTO ONE OR MORE
SUBLEASES OR LICENSES WITH AFFILIATED PERSONS OF TENANT WITH RESPECT TO ANY
PROPERTY, OR ANY PORTION THEREOF, IN ACCORDANCE WITH THE PRECEDING CLAUSE (B),
TENANT MAY ALLOCATE THE RENT AND OTHER CHARGES WITH RESPECT TO THE AFFECTED
PROPERTY IN ANY REASONABLE MANNER; PROVIDED, HOWEVER, THAT SUCH ALLOCATION SHALL
NOT AFFECT TENANT'S (NOR ANY GUARANTOR'S) LIABILITY FOR THE RENT AND OTHER
OBLIGATIONS OF TENANT UNDER THIS AGREEMENT; AND, PROVIDED, FURTHER, THAT TENANT
SHALL GIVE LANDLORD PROMPT WRITTEN NOTICE OF ANY ALLOCATION OR REALLOCATION OF
THE RENT AND OTHER CHARGES WITH RESPECT TO THE AFFECTED PROPERTY AND, IN ANY
EVENT, TENANT SHALL GIVE LANDLORD WRITTEN NOTICE OF THE AMOUNT OF SUCH
ALLOCATIONS AT LEAST TEN (10) BUSINESS DAYS PRIOR TO THE DATE THAT LANDLORD OR
HOSPITALITY PROPERTIES TRUST IS REQUIRED TO FILE ANY TAX RETURNS IN ANY STATE
WHERE SUCH AFFECTED LEASED PROPERTY IS LOCATED.
16.4
SUBLEASE LIMITATION.
ANYTHING CONTAINED IN THIS AGREEMENT TO THE CONTRARY
NOTWITHSTANDING, TENANT SHALL NOT SUBLET OR LICENSE THE LEASED PROPERTY, OR ANY
PORTION THEREOF, ON ANY BASIS SUCH THAT THE RENTAL TO BE PAID BY ANY SUBLESSEE
OR LICENSEE THEREUNDER WOULD BE BASED, IN WHOLE OR IN PART, ON THE NET INCOME OR
PROFITS DERIVED BY THE BUSINESS ACTIVITIES OF SUCH SUBLESSEE OR LICENSEE, ANY
OTHER FORMULA SUCH THAT ANY PORTION OF SUCH SUBLEASE RENTAL OR LICENSE WOULD
FAIL TO QUALIFY AS "RENTS FROM REAL PROPERTY" WITHIN THE MEANING OF SECTION
856(D) OF THE CODE, OR ANY SIMILAR OR SUCCESSOR PROVISION THERETO OR WOULD
OTHERWISE DISQUALIFY LANDLORD OR ANY AFFILIATED PERSON FOR TREATMENT AS A "REAL
ESTATE INVESTMENT TRUST" UNDER THE CODE.
ARTICLE 17
ESTOPPEL CERTIFICATES AND FINANCIAL STATEMENTS
17.1
ESTOPPEL CERTIFICATES.
AT ANY TIME AND FROM TIME TO TIME, BUT NOT MORE
THAN A REASONABLE NUMBER OF TIMES PER YEAR, UPON NOT LESS THAN TEN (10) BUSINESS
DAYS PRIOR NOTICE BY EITHER PARTY, THE PARTY RECEIVING SUCH NOTICE SHALL FURNISH
TO THE OTHER AN OFFICER'S CERTIFICATE CERTIFYING THAT THIS AGREEMENT IS
UNMODIFIED AND IN FULL FORCE AND EFFECT (OR THAT THIS AGREEMENT IS IN FULL FORCE
AND EFFECT AS MODIFIED AND SETTING FORTH THE MODIFICATIONS), THE DATE TO WHICH
THE RENT HAS BEEN PAID, THAT NO DEFAULT OR AN EVENT OF DEFAULT HAS OCCURRED AND
IS CONTINUING OR, IF A DEFAULT OR AN EVENT OF DEFAULT SHALL EXIST, SPECIFYING
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IN REASONABLE