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If intended Cur JQH: <br />John Q. Hammons, Trustee of the Revocable <br />Trust of John Q. iIammons, Dated <br />December 28, 1989, as amended and restated <br />300 John Q. Hammons Parkway Suite 900 <br />Springfield, Missouri 65806 <br />Telephone: (417) 864-4300 <br />If intended for J()H-San Marcos <br />JQH-San :Marcos Development, LLC <br />300 John Q. Hammons Parkway Suite 900 <br />Springfield, Missouri 65806 <br />Telephone: (417) 864-4300 <br />With copies to: <br />Debra Mallonee Shantz, Senior Vice <br />President and Genera] Counsel <br />John Q. Hammons Hotels, lnc. <br />300 John Q. Hammons Parkway <br />Suite 900 <br />Springfield, Missouri 65806 <br />Telephone: (417) 864-4300 <br />Facsimile: (417) 86_4_ -8900 <br />With copies_to_ <br />Debra Mallonee ShanV, Senior Vice <br />President and General Counsel <br />John Q. Hammons Hotels, Inc. <br />300 John Q. Hammons Parkway <br />Suite 900 <br />Springfield, Missouri 65806 <br />Telephone: (417) 864-4300 <br />Facsimile: (417) 864-8900 <br />3.22 Article X, Section 10.7 of the Loan Agreement is hereby amended in its entirety to read <br />as follows: <br />" ] 0.7 Indemnification. ,JQH AND JQH-SAN MARCOS EACH AGREE <br />TO JOINTLY AND SEVERALLY INDEivTNIFY, SAVE AIVD HOLD CITY <br />FIA[tiYILESS FROM A_~D AGAINST, AND COVENANT TO DEFEND CITY <br />AGAINST, ANY AND ALL LOSSES, DAMAGES, CLAIIbIS, PENALTIES, <br />COSTS, AND ATTORNEYS' FEES, HOWSOEVER ARISING OR INCURRED <br />BECAUSE OF, iNCIDF.NT TO, OR WITH RESPECT TO THE PROPERTY OR <br />ANY DEVELOPMENT, USE, ~ POSSESSION, MAINTENANCE, OR <br />IvL4NAGEMENT THEREOF OR CONSTRUCTION THEREON. <br />WITHOUT LIMITATION, THE FOREGOING INDEMNITIES SHALL <br />APPLY WITH RESPECT TO MATTERS WHICH IN WHOLE OR IN PART <br />ARE CAUSED BY OR ARISE OUT OF, OR ARE CLAIMED TO BE CAUSED BY <br />OR ARISE OUT OF, THE NEGLIGENCE (WT-IETHER SOLE, COMPARATIVE <br />OR CONTRIBUTORY) OR STRICT LIABILITY OF CITY. JQH's and JQH-San <br />Marcos' obligations under this paragraph shall survive the repayment of the Loan and <br />any decd in lieu of foreclosure or foreclosure of the Deed of Trust securing the i,oan," <br />3.23 F,xltibit "E" to the Loan Agreement is hereby amended in its entirety and replaced by <br />F,xhibit "E" attached hereto and incorporated herein by reference for all purposes. <br />IV. General Provisions <br />4. L I/ffect of Agreem_ ent. The Loan Documents (including, but not limited lo, the Loan <br />Agreement), as modified by this Amendment, are hereby ratified and confirmed in all respects and shall <br />remain in fitll force and effect; and the lien and security interest of any deeds of trust shall remain valid <br />and subsisting. Except as specifically amended by the provisions of this Amendment, the provisions in <br />12 <br />985897.7 <br />