WHICH REQUIRES OR MAY HEREAFTER REQUIRE
NOTIFICATION, INVESTIGATION OR REMEDIATION UNDER ANY LEGAL REQUIREMENT; OR
(B)
WHICH IS OR BECOMES DEFINED AS A "HAZARDOUS WASTE," "HAZARDOUS
MATERIAL" OR "HAZARDOUS SUBSTANCE" OR "POLLUTANT" OR "CONTAMINANT" UNDER ANY
PRESENT OR FUTURE LEGAL REQUIREMENT INCLUDING, WITHOUT LIMITATION, THE
COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT (42 U.S.C.
SECTION 9601 ET SEQ.) AND THE RESOURCE CONSERVATION AND RECOVERY ACT (42 U.S.C.
SECTION 6901 ET SEQ.) AND THE REGULATIONS PROMULGATED THEREUNDER; OR
(C)
WHICH IS TOXIC, EXPLOSIVE, CORROSIVE, FLAMMABLE, INFECTIOUS,
RADIOACTIVE, CARCINOGENIC, MUTAGENIC OR OTHERWISE HAZARDOUS AND IS OR BECOMES
REGULATED BY ANY GOVERNMENT AGENCY; OR
(D)
THE PRESENCE OF WHICH AT A HOTEL CAUSES OR MATERIALLY THREATENS TO
CAUSE AN UNLAWFUL NUISANCE UPON SUCH HOTEL OR TO ADJACENT PROPERTIES OR POSES OR
MATERIALLY THREATENS TO POSE A HAZARD TO SUCH HOTEL OR TO THE HEALTH OR SAFETY
OF PERSONS; OR
(E)
WITHOUT LIMITATION, WHICH CONTAINS GASOLINE, DIESEL FUEL OR OTHER
PETROLEUM HYDROCARBONS OR VOLATILE ORGANIC COMPOUNDS; OR
(F)
WITHOUT LIMITATION, WHICH CONTAINS POLYCHLORINATED BIPHENYLS
(PCBS) OR ASBESTOS OR UREA FORMALDEHYDE FOAM INSULATION; OR
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(G)
WITHOUT LIMITATION, WHICH CONTAINS OR EMITS RADIOACTIVE PARTICLES,
WAVES OR MATERIAL; OR
(H)
WITHOUT LIMITATION, WHICH CONSTITUTES MATERIALS THAT ARE NOW OR
MAY HEREAFTER BE SUBJECT TO REGULATION PURSUANT TO THE MEDICAL WASTE TRACKING
ACT OF 1988, OR ANY REQUIREMENT PROMULGATED BY ANY GOVERNMENT AGENCIES.
1.68
"HOLIDAY INN HOTELS"
SHALL MEAN THE HOTELS THAT ARE OPERATED AS OF
THE DATE HEREOF AS HOLIDAY INN HOTELS.
1.69
"HOTEL"
SHALL MEAN EACH HOTEL LOCATED AT A SITE INCLUDING ALL OF
THE OWNER'S INTEREST IN SUCH SITE, THE BUILDING THERE, THE FURNITURE, FIXTURES
AND EQUIPMENT THERE, THE OPERATING EQUIPMENT THERE AND THE OPERATING SUPPLIES
THERE, AND, FOR THE AVOIDANCE OF DOUBT, THE TERM "HOTEL" SHALL, WITH RESPECT TO
THE SITE IN BALTIMORE, MEAN THE BALTIMORE HOTEL; PROVIDED, HOWEVER, UPON THE
TERMINATION OF THE AGREEMENT WITH RESPECT TO LESS THAN ALL OF THE HOTELS,
PURSUANT TO THE TERMS HEREOF OR OTHERWISE, THE TERM "HOTEL" SHALL, WITH RESPECT
TO THE OBLIGATION OF THE PARTIES THEREAFTER ACCRUING, ONLY REFER TO A HOTEL WITH
RESPECT TO WHICH THIS AGREEMENT IS IN FULL FORCE AND EFFECT.
1.70
"HPT"
SHALL MEAN HOSPITALITY PROPERTIES TRUST, A MARYLAND REAL
ESTATE INVESTMENT TRUST, TOGETHER WITH ITS SUCCESSORS AND PERMITTED ASSIGNS.
1.71
"IHG"
SHALL MEAN INTERCONTINENTAL HOTELS GROUP PLC, ITS SUCCESSORS
AND ASSIGNS.
1.72
"IHG CANADA"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN THE
PREAMBLE TO THIS AGREEMENT.
1.73
"IHG MARYLAND"
SHALL HAVE THE MEANING GIVEN SUCH TERM IN THE
PREAMBLE TO THIS AGREEMENT.
1.74
"INCENTIVE MANAGEMENT FEE"
SHALL MEAN FOR ANY FISCAL YEAR, FIFTY
PERCENT (50%) OF THE EXCESS, IF ANY, OF (I) GROSS REVENUES FROM ALL OF THE
HOTELS OVER (II) THE APPLICATIONS THEREOF MADE PURSUANT TO SECTIONS
10.1(A) THROUGH AND INCLUDING 10.1(R).
1.75
"INITIAL TERM"
SHALL MEAN THE PERIOD COMMENCING ON THE EFFECTIVE
DATE AND ENDING ON DECEMBER 31, 2029.
1.76
"INITIAL WORKING CAPITAL"
SHALL HAVE THE MEANING GIVEN TO SUCH
TERM IN SECTION 5.1.
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