What are the operational and other requirements that Even Hotels licensees are responsible for?

acknowledges that IHG's rights to use and/or license the Brand System, referenced immediately above, pre-date this License and are not limited or changed by the terms of this License. Licensee agrees that by acknowledging those rights, the parties do not intend to make IHG's exercise of such rights subject to rules applicable to contractual performance or the exercise of contractual discretion under this License.

3. Licensee's Responsibilities:

A. Operational and Other Requirements.

Throughout the entire License Term, Licensee will at its sole cost and expense:

• (1) maintain a high moral and ethical standard and atmosphere at the Hotel;
• (2) maintain the Hotel in a clean, safe and orderly manner and in first class condition;
• (3) provide efficient, courteous and high-quality service to the public in a clean, safe and orderly manner, including, without limitation, maintaining minimum product and service quality standards and scores for quality assurance and guest survey programs established and maintained by IHG, as such programs may be modified by IHG from time to time;
• (4) operate the Hotel 24 hours a day every day in accordance with the Standards, except as otherwise permitted by IHG in writing based on special circumstances;
• (5) strictly comply in all respects with the Standards (as they may from time to time be modified or revised by IHG) and with all other policies, procedures and requirements of IHG which may be from time to time communicated to Licensee (which communication, at IHG's option, may be in hard paper copy or digital, electronic or computerized form, and Licensee must pay any costs to retrieve, review, use or access such digital, electronic or computerized communication);
• (6) strictly comply with all of IHG's standards and specifications for goods and services used in the operation of the Hotel and other reasonable requirements to protect the Brand System and the Hotel from unreliable sources of supply;
  • (7) strictly comply with IHG's requirements as to the:
    • (a) type of services and products that may be used, promoted or offered at the Hotel;
    • (b) type and quality of services and products that, to supplement services listed on Attachment "A", must be used, promoted or offered at the Hotel;
    • (c) use, display, style and type of signage and of all other forms of identification at or pertaining to the Hotel, including but not limited to any use of the "EVEN® Hotels" name or any other of IHG's service marks, trademarks or copyrights (in all formats, including

but not limited to print, electronic or other media) which are seen by members of the consuming public or used to identify the Hotel to actual or prospective consumers;

• (d) directory and reservation service listings of the Hotel;
• (e) training of Persons to be involved in the operation of the Hotel;
• (f) participation in all marketing, reservation service, advertising, training and operating programs designated by IHG as Brand System-wide (or area-wide) programs in the best interests of hotels using the Brand System including, without limitation, all guest frequency or loyalty programs related to the Brand System;
• (g) maintenance, repair, appearance and condition of, and customer service at, the Hotel, including, without limitation, participation in all guest complaint programs and quality assurance programs established and maintained by IHG, as such programs may be modified by IHG from time to time;
• (h) quality and types of services offered to customers at the Hotel; and
• (i) maintenance of a capital reserve and adherence to capital reinvestment and renovation cycles (as further specified in paragraph 13.O. hereof and as IHG may supplement from time to time by the Standards);
• (8) use all technology services required by IHG;
• (9) adopt all improvements or changes to the Brand System as may be designated by IHG from time to time;
• (10) with respect to all aspects of this License and the Hotel and its ownership, development and operation, strictly comply with all applicable laws, rules, regulations, requirements, codes, orders, ordinances and standards of all governmental jurisdictions in which the Hotel is located or that are otherwise applicable to Licensee or the Hotel, pay timely all taxes and other governmental fees, assessments and impositions, and timely obtain and maintain throughout the License Term all governmental licenses, authorizations and permits necessary to own (or lease, as may be applicable) and operate the Hotel in accordance with the Brand System;

Source: Item 23 — RECEIPTS (FDD pages 99–438)