Who determines if the Capital Reserve fee is required monthly for a Crowne Plaza franchise?

Note 4: Capital Reserve: Holiday may periodically impose or change the capital reserve requirements for your Hotel. If Holiday requires a capital reserve (the "Capital Reserve"), you must establish a Capital Reserve account of up to 5% of Gross Revenue annually for capital expenditures and upgrading of the Hotel including renovation of public areas, guest rooms, guest room corridors and the replacement of furniture, fixtures and equipment. The capital reserve, if required, must be funded monthly. Since the Capital Reserve may not be sufficient to maintain the Hotel as a first-class facility in accordance with

the Standards, you must promptly provide any necessary additional funds to meet Holiday's product quality and consumer quality requirements. Holiday will give you at least ninety days' notice of any establishment or change in Capital Reserve requirements (see also paragraph 13.O of the License). As used above, "Gross Revenue" means all revenues and income of any nature derived directly or indirectly from the Hotel or from the use or operation thereof, including without limitation room sales; food and beverage sales; telephone, fax and internet revenues; rental or other payments from lessees, subleases, concessionaires and others occupying or using space or rendering services at the Hotel (but not the gross receipts of such lessees, subleases or concessionaires); and the actual cash proceeds of business interruption, use, occupancy or similar insurance.

Source: Item 6 — OTHER FEES (FDD pages 31–51)