1 Exhibit 10.13(b) Interstate Hotels Company Foster Plaza Ten 680 Andersen Drive Pittsburgh, Pennsylvania 15220 December 2, 1997 Mr. Milton Fine c/o Interstate Hotels Company Foster Plaza Ten 680 Andersen Drive Pittsburgh, Pennsylvania 15220 Re: Indemnification Agreement ------------------------- Dear Mr. Fine: The Company believes that the best interests of the Company's shareholders would be served by the Fine Shareholders (as defined below) entering into the Shareholders Agreement described below, in order to induce the other parties to such agreement to enter into the Agreement and Plan of Merger referenced therein. In consideration thereof, the Company wishes to amend the Indemnification Agreement ("Indemnification Agreement"), dated June 1996, between the undersigned. The Indemnification Agreement is hereby amended by adding the first sentence of this letter as Recital F, by deleting the definition of the term "INDEMNIFIABLE EVENT" in Section 1(c) thereof in its entirety and inserting in lieu thereof the following: "INDEMNIFIABLE EVENT" means any actual or asserted event or occurrence (i) related to the fact that Indemnitee is or was a director, officer, employee or agent of the Company, or is or was serving at the request of the Company as a director, officer, partner (whether general, limited or other), trustee, employee or agent of another corporation, partnership, joint venture, trust or other entity, whether or not for profit (including the heirs, executors, administrators or estate of such person) or anything done or not done by Indemnitee in any such capacity, or (ii) relating to, resulting from or arising out of the execution or delivery of the Shareholders Agreement, dated as of December 2, 1997 among Patriot American Hospitality, Inc., Patriot American Hospitality Operating Company and the shareholders named therein ("Fine Shareholders") and/or the consummation of any of the transactions contemplated thereby or compliance with any of the provisions thereof. and by inserting the following definition of "Indemnitee" at the end of Section 1: 2 "INDEMNITEE" means each of the Fine Shareholders and any trustee or beneficiary of any of the Fine Shareholders. INTERSTATE HOTELS COMPANY By: /s/ W. THOMAS PARRINGTON, JR. ----------------------------- W. Thomas Parrington, Jr. President and Chief Executive Officer Accepted and agreed to as of the date first above written: /s/ MILTON FINE - ------------------------------------- Milton Fine