Group will be responsible for paying the average Group room rate for any Guest Room Accommodations held as of 10/15/2008 12:00:00 AM that are not used and paid for by Group attendees. Such amount shall be subject to all applicable taxes, which shall be paid by Group.
Group agrees that estimated Attrition Fees will be paid at least fourteen (14) days in advance of arrival, even if Direct Billing has been approved. Group will receive a credit for any applicable resold room revenue.
. For purpose of calculation of amounts achieved, taxes, service charge and gratuities paid are not included. Group shall pay all applicable taxes on amounts due under this clause.
The Group shall have the right to require that the Hotel discontinue or reduce noise that is disrupting Group’s guests or events.
. If Hotel does not comply Hotel agrees to reimburse Group for the value of any concessions or amounts paid to disturbed guests or Group as a result of disturbance caused by Hotel, Hotel events, or Hotel Guests including other groups.
The hotel changed the cancellation penalties to much higher numbers: we had proposed the following
From the date of Contract signing to May 12, 2008 $ 1620 (10% of anticipated revenue)
From May 13, 2008 to August 12, 2008 $ 4052 (25% of anticipated revenue)
From August 13, 2008 date of arrival $ 8104 (50% of anticipated revenue)
And the hotel is proposing this:
From the date of Contract signing to May 12, 2008 $8,604 (50% of anticipated revenue)
From May 13, 2008 to August 12, 2008 $12,045 (70% of anticipated revenue)
From August 13, 2008 date of arrival $15,487 (90% of anticipated revenue)
We had changed their Force Majeur language to the following:
The performance of this Agreement is subject to termination by either party without liability upon the occurrence of any circumstance beyond the control of either party – such as acts of God, war, government regulations, disaster, strikes (except those involving the employees or agents of the party seeking the protection of this clause), civil disorder, or curtailment of transportation facilities – to the extent that such circumstance makes it illegal or impossible to provide or use the Hotel facilities, or the US Department of Homeland Security raises the National Terrorism Threat Level to RED/SEVERE or declares it unsafe to travel to the Atlanta, GA. metropolitan Area. The ability to terminate this Agreement without liability pursuant to this paragraph is
conditioned upon delivery of written notice to the other party setting forth the basis for such termination as soon as reasonably practical – but in no event longer that ten (10) days – after learning of such basis.
But they changed it back to this:
The performance of this Contract is subject to acts of God, government authority, disaster, or other emergencies, any of which make it illegal or impossible for either party to perform its obligations. It is provided that this Contract may be terminated for any one or more of such reasons by written notice from one party to the other without liability.
sh
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Aquatic Gardens Assoc November 2008-1-3-8--sh comparison markup .doc
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