THE JURISDICTION OF SUCH A COURT, THAT SUCH A COURT
LACKS PERSONAL JURISDICTION OVER ANY PARTY OR THE MATTER, THAT THE ACTION OR
PROCEEDING HAS BEEN BROUGHT IN AN INCONVENIENT OR IMPROPER FORUM, THAT THE VENUE
OF THE ACTION OR PROCEEDING IS IMPROPER, OR THAT THIS AGREEMENT MAY NOT BE
ENFORCED IN OR BY SUCH A COURT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, EACH PARTY CONSENTS TO SERVICE OF PROCESS BY REGISTERED MAIL, RETURN
RECEIPT REQUESTED, OR BY ANY OTHER MANNER PROVIDED BY LAW.
(B)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH OF THE
PARTIES HERETO WAIVES ITS RIGHTS TO TRIAL BY JURY WITH RESPECT TO THIS AGREEMENT
OR MATTER ARISING IN CONNECTION HEREWITH.
24.8
PERFORMANCE ON BUSINESS DAYS.
IN THE EVENT THE DATE ON WHICH
PERFORMANCE OR PAYMENT OF ANY OBLIGATION OF A PARTY REQUIRED HEREUNDER IS OTHER
THAN A BUSINESS DAY, THE TIME FOR PAYMENT OR PERFORMANCE SHALL AUTOMATICALLY BE
EXTENDED TO THE FIRST BUSINESS DAY FOLLOWING SUCH DATE.
24.9
ATTORNEYS' FEES.
IF ANY LAWSUIT OR ARBITRATION OR OTHER LEGAL
PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION OR ENFORCEMENT OF THIS
AGREEMENT, THE PREVAILING PARTY THEREIN SHALL BE ENTITLED TO RECEIVE FROM THE
OTHER PARTY THE PREVAILING PARTY'S COSTS AND EXPENSES, INCLUDING REASONABLE
ATTORNEYS' FEES INCURRED IN CONNECTION THEREWITH, IN PREPARATION THEREFOR AND ON
APPEAL THEREFROM, WHICH AMOUNTS SHALL BE INCLUDED IN ANY JUDGMENT THEREIN.
87
24.10
SECTION AND OTHER HEADINGS.
THE HEADINGS CONTAINED IN THIS
AGREEMENT ARE FOR REFERENCE PURPOSES ONLY AND SHALL NOT IN ANY WAY AFFECT THE
MEANING OR INTERPRETATION OF THIS AGREEMENT.
24.11
DOCUMENTS.
THROUGHOUT THE TERM, OWNER AGREES TO FURNISH MANAGER
COPIES OF ALL NOTICES RELATING TO REAL AND PERSONAL PROPERTY TAXES AND INSURANCE
STATEMENTS, ALL FINANCING DOCUMENTS (INCLUDING NOTES AND MORTGAGES) RELATING TO
THE HOTELS AND SUCH OTHER DOCUMENTS PERTAINING TO THE HOTELS AS MANAGER MAY
REQUEST.
24.12
NO CONSEQUENTIAL DAMAGES.
EXCEPT AS MAY BE EXPRESSLY PROVIDED
HEREIN, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY CONSEQUENTIAL,
EXEMPLARY OR PUNITIVE DAMAGES SUFFERED BY THE OTHER AS THE RESULT OF A BREACH OF
THIS AGREEMENT.
TIME IS OF THE ESSENCE WITH RESPECT TO THIS AGREEMENT.
24.13
NO POLITICAL CONTRIBUTIONS.
NOTWITHSTANDING ANYTHING CONTAINED IN
THIS AGREEMENT TO THE CONTRARY, NO MONEY OR PROPERTY OF THE HOTELS SHALL BE PAID
OR USED OR OFFERED, NOR SHALL OWNER OR MANAGER DIRECTLY OR INDIRECTLY USE OR
OFFER, CONSENT OR AGREE TO USE OR OFFER, ANY MONEY OR PROPERTY OF THE HOTELS (I)
IN AID OF ANY POLITICAL PARTY, COMMITTEE OR ORGANIZATION, (II) IN AID OF ANY
CORPORATION, JOINT STOCK OR OTHER ASSOCIATION ORGANIZED OR MAINTAINED FOR
POLITICAL PURPOSES, (III) IN AID OF ANY CANDIDATE FOR POLITICAL OFFICE OR
NOMINATION FOR SUCH OFFICE, (IV) IN CONNECTION WITH ANY ELECTION, (V) FOR ANY
POLITICAL PURPOSE WHATEVER, OR (VI) FOR THE REIMBURSEMENT OR INDEMNIFICATION OF
ANY PERSON FOR ANY MONEY OR PROPERTY SO USED.
24.14
REIT QUALIFICATION.
(A)
MANAGER SHALL TAKE ALL COMMERCIALLY REASONABLE ACTIONS REASONABLY
REQUESTED BY OWNER OR PURCHASER FOR THE