What is the full name of the agreement that is being referenced for The Standardx?

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | (the "Effective Date"), by and between | | | (Name of Franchisee) | | | , a(n) ("Owner") and | | | Hyatt Franchising, L.L.C., a Delaware limited liability company ("Hyatt"). | | | Hyatt and Owner may be referred to | | | herein individually as a "Party" or together as the "Parties." | | | WHEREAS, Owner owns or will own the [BRAND] Hotel, which is or will be located at, | | | , (the "Property"), and the Property is operated pursuant to a franchise agreement | | | between Owner and Hyatt (as it may be amended, "Franchise Agreement"); | | | WHEREAS, Owner has entered into an agreement with Oracle America, Inc. ("Oracle") for the licensing of | | | a property management system (the "License Agreement"); and | | | WHEREAS, in conjunction with the Franchise Agreement, Hyatt shall provide hosting and related services | | | in support of the Property Management System to the extent set forth herein. | | follows: | NOW, THEREFORE, in consideration of the representations and promises of the parties set forth below, and | | | other good and valuable consideration the sufficiency of which is hereby acknowledged, the parties agree as | | 1. | Scope of Services. | | | a. | | | Services. This Agreement including Schedule 1 describes the Services that Hyatt shall provide to | | | Owner hereunder, which shall include hosting and making available the Property Management System for use by | | | Owner and its Authorized Users, and providing and maintaining the Hosted Hardware. The Services shall also | | | include providing upgrades and updates to: (A) the Third Party Software (to the extent provided by an applicable | | | third party vendor and authorized for use by Hyatt); and (B) the Hosted Hardware (to the extent provided by an | | | applicable third party vendor and authorized for use by Hyatt). Installation and configuration services will be subject | | | to a separate agreement. | | | b. | | | Restrictions. Owner may not: (i) knowingly propagate, or allow propagation of, any virus, worms, | | | Trojan horses or other programming routine intended to damage any system or data; or (ii) knowingly store or allow | | | for storage of defamatory, trade libelous, or otherwise unlawful data. In addition, Owner must comply with all other | | | restrictions listed in the License Agreement. | | | c. | | | Suspension. | | | Hyatt, without prejudice to its other rights at law or in equity, may suspend the | | | Services: (i) upon a violation of any restriction or obligation listed in Section 1(b); (ii) if any misuse of the Services or | | | misconduct with respect to the Services on the part of Owner or its employees, agents or end users creates, in Hyatt's | | | sole and reasonable judgment, an imminent risk of material damage to Hyatt's network, facilities or other property or | | | violation of any applicable laws or legal obligations; (iii) if Owner disrupts or causes harm to Hyatt's computers, | | | systems, infrastructure, or provision of the Services to other parties; or (iv) upon request of a government authority. | | | Any such suspension shall be as limited in scope and duration as possible consistent with Hyatt's needs to protect its | | | network, facilities and property. Except in the case of suspension upon request of government authority, Owner shall | | | continue to pay all Fees during the suspension period. Service shall be promptly restored as soon as Hyatt determines, | | | in its sole, reasonable discretion, that the default has been cured. In addition, and without limiting Hyatt's other rights | | | and remedies, if Owner fails to make any payment when due and such failure continues for forty-five (45) days or | | | more, Hyatt may suspend Owner's access to the Services until such amounts are paid in full. | | 2. | Definitions | | | a. | | | "Affiliate" means with respect to any party, any person or entity that, at any given time, directly or | | | indirectly, controls, is controlled by, or is under common control with, such party, whether through ownership of |

voting securities, by contract, or otherwise.

• b. "Agreement" means this Agreement, including all current or future schedules.
• c. "Authorized Users" means: (i) Owner; and (ii) employees and agents of Owner when they are performing services for Property relating to the Property Management System.
• d. "Cardholder Data" means any data that relates to (i) a payment card authorized by or bearing the logo of a member of the Payment Card Industry ("PCI") Security Standards Council (the "PCI SSC"), or any similar organization that Hyatt periodically specifies, or alternative technology or non-cash transaction method relating to payment that Hyatt periodically specifies, or (ii) a person to whom such a payment card or alternative technology as described in (i) has been issued.
  • e. "Effective Date" means the date that appears in the first paragraph of this Agreement.
• f. "Facility" means the physical location at which, at any given time, the Hosted Hardware resides and the hosted components of the Property Management System are hosted, or such distributed "cloud" environment as may be utilized by Hyatt or its Affiliate to host the Property Management System.
  • g. "Fees" means the fees specified in Schedule 3 hereto.
  • h. "Flag Change" shall have the meaning assigned to it in Section 10(c).
• i. "Hosted Hardware" means the file servers, network routers and switches, firewalls, and other hardware, technology, and network devices in the Facility and used by Hyatt to host the hosted components of the Property Management System and provide the Services. It does not include any hardware located outside of the Facility, including any hardware located at the Property.
• j. "Hosted System" means the Hosted Hardware, Property Management System and Third Party Software, collectively, hosted by Hyatt or its Affiliate and made available by Hyatt to Owner and its Authorized Users pursuant to this Agreement.
• k. "Hotel Environment" means the hardware and software environment for which the Owner has selected and is responsible for as set out in Hyatt's then current Configuration Guide Technical Requirements and Operating Standards: General Requirements, which is available upon request and posted on Hyatt's intranet site, Hyattconnect.
  • l. "License Agreement" shall have the meaning assigned to it in the recitals.
• m. "Order" means an order executed by Hyatt and Owner during the term of this Agreement, setting forth the billing and payment terms for the Fees.
  • n. "PCI DSS" means the current Payment Card Industry Data Security Standards.
  • o. "Property Management System" means the software specified in the License Agreement.
• p. "Services" means all tasks and services to be performed by Hyatt hereunder and described in Schedule 1.
  • q. "Term" has the meaning assigned to it in Section 5 hereof.
• r.

Source: Item 18 — OTHER INCOME (LOSS), NET (FDD pages 187–399)