Is a Crowne Plaza licensee required to use all technology services required by IHG?

cense regarding term; proprietary intellectual property rights; notices; indemnification; insurance; compliance with laws; and dispute resolution.

• 2.2 In the event of a conflict between:
  • 2.2.1 a provision in this Master Technology Schedule and a provision in an Order Form, the provision in the Order Form shall prevail;
  • 2.2.2 a provision in this Master Technology Schedule and a provision in the Participation Agreement, the provision in this Master Technology Schedule shall control.
• 2.3 The foregoing order of priority shall be applied only after construing the applicable provisions to avoid any such conflict and/or to minimize the extent of such conflict.

3. Service Framework.

• 3.1 Core Services. IHG or an Affiliate of IHG has entered into Enabling Agreements with Service Providers to provide certain Hardware, Software, and Services. IHG will make available to Licensee the Hardware, Software, and Services for the core technology solutions set forth in Schedule 2 (Core Services) attached hereto (the "Core Services"). These Core Services are provided by IHG, an Affiliate of IHG, or Service Providers and are required to operate the Hotel in the Brand System. IHG and/or its Service Provider may modify or cause to be modified the features and functionality of the Core Services in the ordinary course of technology development, and IHG will notify Licensee of any such material modification. In addition, IHG reserves the right to add or remove Core Services or to replace any of the Core Services.
• 3.2 Additional Required Services. IHG or an Affiliate of IHG has entered into Enabling Agreements with Service Providers approved by IHG to provide certain Hardware, Software, and Services that are mandatory components of Licensee's technology configuration required to operate the Hotel in the Brand System ("Additional Required Services"). IHG will make available to Licensee the Additional Required Services as set forth in Schedule 3 (Additional Required Services) attached hereto, pursuant to an Order Form and/or a Participation Agreement. Licensee is obligated to purchase each of the Additional Required Services. IHG and/or its Service Provider may modify or cause to be modified the features and functionality of the Additional Required Services in the ordinary course of technology development, and IHG will notify

Licensee of any such material modification. IHG reserves the right (i) to change the Service Provider for any Additional Required Service, and (ii) to add or remove Core Services or to replace any of the Additional Required Services.

• 3.3 Optional Services. From time to time, IHG or an Affiliate of IHG may enter into an Enabling Agreement with a Service Provider to provide optional Hardware, Software, and Services that are not included in the Core Services or the Additional Required Services ("Optional Services"). As determined by IHG, Licensee may receive the benefits of the negotiated terms, conditions, and pricing for the Optional Services obtained by IHG in the Enabling Agreements with Service Providers, and may obtain the Optional Services, by entering into an Order Form and/or a Participation Agreement.
• 3.4 Supplemental Terms. The Core Services, Additional Required Services, and any Optional Services are provided subject to and in accordance with the supplemental terms set forth in Schedule 4 (Supplemental Terms) attached hereto (the "Supplemental Terms"). IHG may unilaterally modify or add to any component of the Supplemental Terms upon ten (10) days written notice to Licensee. Licensee acknowledges that the Supplemental Terms are based in part upon the terms and conditions contained in the Enabling Agreements.
• 3.5 Curated Solutions. The Core Services, Additional Required Services, and such Optional Services as Licensee may contract to receive, as such services may be in effect from time to time, are together referred to as the "Curated Solutions".
• 3.6 New Technologies.

Source: Item 23 — Receipts (FDD pages 100–424)