Common use of GUARANTEED ATTENDANCE Clause in Contracts

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. (1) The Customer shall notify Caterer of Centerplate, not less than five (5) business days (excluding holidays and weekends) prior to the Event, the minimum number of persons that Customer guarantees will attend the Event(s) Event (the “Guaranteed Attendance”), in accordance . (2) There may be applicable charges for events with the following schedule: Estimated Attendance minimal attendance. (per Event): holidays and weekends): 3) The Guaranteed Attendance (a) shall not exceed the maximum capacity of the areas within the Facility in which the Event(s) Event 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. (24) Centerplate will be prepared to serve five percent (5%) above the Guaranteed Attendance, up to a maximum of 30 meals (the Overage). (5) If this Overage is used, the Customer will pay for each additional person at the same price per person/per item, plus applicable service charges and sales tax. (6) Should the guaranteed attendance increase or decrease by 33% or more from the original contracted number of guests, an additional charge of 20% may apply per guaranteed guest. (7) If Customer fails to notify Caterer Centerplate of the Guaranteed Attendance within the time required, (a) Caterer Centerplate shall prepare for and provide services to persons attending the Event(s) Event on the basis of the estimated attendance specified on in the Catering Order(s)BEO’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 8) Should additional persons attend 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 AttendanceAttendance plus the Overage, Centerplate will make every attempt to accommodate such additional persons subject to product and staff availability. In Customer will pay for such additional persons and/or la carte items at the event same price per person or per item plus 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 applyservice charge and local taxes.