GUARANTEED ATTENDANCE Clause Samples

GUARANTEED ATTENDANCE. (1) Customer shall notify Caterer of the minimum number of persons Customer guarantees will attend the Event(s) (the “Guaranteed Attendance”), in accordance with the following schedule: Estimated Attendance (per Event): holidays and weekends): The Guaranteed Attendance (a) shall not exceed the maximum capacity of the areas within the Facility in which the Event(s) will be held, and (b) shall not decrease by more than 25% (or more than 1,000 people, whichever is lower) of the estimated attendance specified on the Catering Order(s). Caterer shall be entitled to charge and collect from Customer any reasonable costs incurred by Caterer in the event the Guaranteed Attendance figure provided by Customer is not within the limits stated in this paragraph. (2) If Customer fails to notify Caterer of the Guaranteed Attendance within the time required, (a) Caterer shall prepare for and provide services to persons attending the Event(s) on the basis of the estimated attendance specified on the Catering Order(s), and (b) such estimated attendance shall be deemed to be the Guaranteed Attendance. (3) Caterer will be prepared to serve 5% above the Guaranteed Attendance (but not to exceed 50 meals; the “Overage”). In the event that Caterer serves 10% in excess of the Guaranteed Attendance, Customer shall pay a surcharge of 10% of the per person charge for each person served at the Event(s) in excess of the total of the Guaranteed Attendance. In the event the Guaranteed Attendance increases (which may only increase with Caterer’s approval), following the time the Guaranteed Attendance was due, the Overage will no longer apply.

GUARANTEED ATTENDANCE. Section 9(a) of the Agreement is hereby deleted and replaced with the following: If, with respect to each Home Game played during the period (the "Guaranty Period") beginning with the first Home Game of the 1997 Regular Football Season and ending at the conclusion of the second Home Game of the 2007 Regular Football Season, the paid attendance for full price general admission seats to any such Home Game (excluding all Skybox seats, club seats and one thousand (1,000). promotional seats, but including any other general admission seats sold at a discount by the Chargers) (the "Qualified Paid Attendance") does not exceed sixty thousand (60,000) per Home Game (any such shortfall being hereinafter referred to as an "Attendance Shortfall"), then on or before the thirtieth (30th) Business Day following any Home Game in which an Attendance Shortfall occurs the City shall either (i) pay to the Chargers an amount equal to the full face-ticket price of each general admission seat multiplied by such Attendance Shortfall (the "Attendance Shortfall Amount"), or (ii) grant the Chargers a credit in an amount equal to the Attendance Shortfall Amount against the consideration to be paid by the Chargers to the City for such Home Game under Section 8.(b) hereof. Notwithstanding the foregoing, (A) with respect to the first two (2) Home Games of the Guaranty Period, the Attendance Shortfall Amount, if any, shall (i) include the first 5,000, seats of Attendance Shortfall, (ii) exclude the second 5,000 seats of Attendance Shortfall, and (iii) include any Attendance Shortfall in excess of 10,000 seats, (B) with respect to the first (1st) Home Game of the 2007 Regular Football Season, the Attendance Shortfall Amount shall be calculated with respect to only the amount of seats, if any, excluded from the Attendance Shortfall Amount pursuant to the preceding clause (A)(ii) for the first (1st) Home Game of the Guaranty Period and -(C) with respect to the second (2nd) Home Game of the 2007 Regular Football Season, the Attendance Shortfall Amount shall be calculated with respect to only the amount of seats, if any, excluded from the Attendance Shortfall Amount pursuant to the preceding clause (A)(ii) for the second (2nd) Home Game of the Guaranty Period. Notwithstanding the foregoing, if a Force Majeure Event occurs which prevents or delays the ability of the City to install the number of seats called for in the Approved Plans, the Guaranty Period shall be delayed in accordance with Sect...

GUARANTEED ATTENDANCE. Client must provide the Sales Office with a final guaranteed attendance count for all food and beverage functions 5 business days prior to function date. This guaranteed attendance count is not subject to reduction after this deadline and is the minimum number of persons for which the the Client will be charged. If Heritage Hills does not receive a final guaranteed attendance count by this deadline, the Client will be charged for the number indicated in FUNCTION ROOM SPECIFICS of this Letter of Agreement. In order for Heritage Hills’ Food and Beverage staff to accommodate the Client’s requirements, a 72 - HOUR written notice of any additions or changes to the menu is required. Any additions within 72 hours will be subject to a $3.00 per additional person SERVICE CHARGE/TAX: All catered functions are subject to 20% service charge and applicable State Sales Tax of 6%. HERITAGE HILLS CONTACT: Your sales manager will serve as YOUR main contact for booking, detailing and billing functions. A dedicated Catering Captain will serve as your main contact during the actual function, handling the details associated with the functions Banquet Event Order.

GUARANTEED ATTENDANCE. Client shall confirm in writing its expected attendance to the Event ("Attendance Guarantee") not less than thirty

GUARANTEED ATTENDANCE. We ask you to confirm the total number of guests that will be attending at least seven (7) business days prior to the date of your event in this case: . The attendance figure you provide by this date will be the guaranteed minimum and cannot be reduced. If you do not provide a final attendance figure by this date, then the Expected Attendance number you provided above will be used for preparation, staffing and food quantities for your event.

GUARANTEED ATTENDANCE. If, with respect to any of the first ten

GUARANTEED ATTENDANCE