Question: Your hotel operating agreement has a performance clause that is virtually impossible to understand, even with help from the corporate office. The clause requires a

Your hotel operating agreement has a performance clause that is virtually impossible to understand, even with help from the corporate office. The clause requires a calculation that doesnt make sense so you are worried about whether you, as operator, will be able to perform to the satisfaction of the ownership without being terminated. The attorney who drafted the agreement said that negotiations were so tough with the ownership that in order to get past the performance clause wording, she deliberately made the clause confusing so the parties would ultimately need to re-negotiate in the future.

What would you do?

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