Common use of Additional Concessions Clause in Contracts

Additional Concessions. 5.1 The Hotel will provide the Group with the following additional concessions: ARTICLE VI Room Block Attrition 6.1 This Agreement is based in part on the Group’s use of XXXX total room nights. In the event the actual use of room nights falls below 75% (XXX room nights) of the Room Block, an attrition charge will be assessed (the “Attrition Charge”). In calculating Group’s total room nights Hotel shall include all rooms utilized by Group regardless of rate paid or method of reservation including pre and post days and no show or late cancellation fees that are collected by Hotel. This amount shall be calculated by multiplying the single/double Group rate for each room night below seventy five percent (75%) of the total room nights in the Room Block. Such charges shall be added to, and payable as part of, the Master Account. Tax will be included if required by applicable law. 6.2 The parties agree that (a) the above formula for the Attrition Charge is a reasonable estimate of the Hotel’s damages in the event that the room nights in the Room Block are not utilized and (b) the liquidated damages set forth in Section 6.1 do not constitute a penalty. 6.3 The Hotel shall undertake reasonable efforts to resell any unused room nights in the Room Block and shall credit those sales against the Attrition Charge. Because it is impossible to accurately determine what guest rooms are resold and at what rate, the parties agree that “resold” rooms will be calculated as follows: The resale revenue credited to the Attrition Charge will be equal to Hotel’s average daily rate for each day that guest rooms are resold. Unused Group rooms will be the last guest rooms resold, thus guest rooms will be considered resold to the extent that Hotel is able to sell more guest rooms than it could have sold if Group had fully occupied its reserved block. For example, if Group does not use thirty (30) rooms in its block but only ten (10) rooms remain unsold in Hotel, the Attrition Charge owed will be reduced by the average daily rate times ten (10). 6.4 Upon the billing of any Attrition Charge, Hotel shall provide Group with reasonable information and documentation Group may request in order to verify its room utilization and the Hotel’s calculation of resold rooms. Hotel will also verify Group room pick up by using its Reservation Cross Check software to compare the Group’s list of registered attendees with the hotel’s guest registration list. 6.5 The Group shall not pay for off-line rooms (rooms being remodeled or not used for any reason).

Additional Concessions. 5.1 The Hotel will provide the Group with the following additional concessions: ARTICLE VI Room Block Attrition 6.1 This Agreement is based in part on the If Group’s use of XXXX total room nights. In the event the actual use of room nights falls usage slips below 75(1) 80% (XXX room nights) of the original Room Block, an attrition charge will be assessed or (2) 80% of the “Attrition Charge”). In calculating Group’s total adjusted Room Block (if any) Group agrees to pay, seventy-five percent of the average group room nights Hotel shall include all rooms utilized by Group regardless of rate paid or method of reservation including pre and post days and no show or late cancellation fees that are collected by Hotel. This amount shall be calculated by multiplying the single/double Group rate rate, for each room night below seventy five percent (75%) of the total room nights in the by which such Room BlockBlock commitment exceeds Group’s actual usage. Such charges shall be added with tax (if applicable) to, and payable as part of, the Master Account. Tax will be included if required by applicable law. 6.2 The parties agree that (a) the above formula for the Attrition Charge charge is a reasonable estimate of the Hotel’s damages in the event that the room nights in the Room Block are not utilized and (b) the liquidated damages set forth in Section 6.1 do not constitute a penalty. 6.3 The Hotel shall undertake reasonable all efforts to resell any unused room nights in the Room Block and shall credit those sales against any attrition charges in accordance with the Attrition Chargefollowing formula: In regard to attrition, no room shall be deemed to have been resold on any night unless and until the Hotel first sells all rooms outside of the contracted room block that night, plus all rooms within the originally contracted room block which the group does not use and for which the group owes no amount in accordance with the attrition provision. Because it is impossible As to accurately determine what guest any rooms which are resold and at what rateresold, the parties agree that “resold” Hotel will multiply the number of rooms will be calculated as follows: The resale revenue credited to resold each night by the Attrition Charge will be equal to Hotellower of the group’s contracted room rate or the average daily rate for each day achieved by the Hotel that guest rooms are resoldnight. Unused Group rooms will be the last guest rooms resold, thus guest rooms will be considered resold to the extent that Hotel is able to sell more guest rooms than it could have sold if Group had fully occupied its reserved block. For example, if Group does not use thirty (30) rooms in its block but only ten (10) rooms remain unsold in Hotel, the Attrition Charge owed The resulting amount will be reduced by twenty-five percent. The resulting amount will be the average daily rate times ten (10)amount of credit for rooms resold to which the group is entitled on the night in question. 6.4 Upon An audited statement of actual room usage, the number of rooms available in the Hotel for sale and the number of rooms resold by the Hotel for each day of the Meeting shall be provided to the Group upon the billing of any Attrition Charge, Hotel shall provide Group with reasonable information and documentation Group may request in order to verify its room utilization and the Hotel’s calculation of resold rooms. Hotel will also verify Group room pick up by using its Reservation Cross Check software to compare the Group’s list of registered attendees with the hotel’s guest registration listattrition charge. 6.5 The Group shall not pay for off-line rooms (rooms being remodeled or not used for any reason).