Common use of Cancellation by Hotel Clause in Contracts

Cancellation by Hotel. In the event that Hotel terminates this Agreement other than for cause, Hotel will be responsible for payment of approved reasonable additional documented expenses incurred by Group as a result of moving the Event to an alternate hotel as set forth below: Increased room rate at the alternate hotel. Increased meeting room rental Provided that final menu prices or maximum menu prices have been agreed upon between Hotel and Group for the Event as described in this Agreement under Section 8.4, increased food and beverage expenses incurred at the alternate hotel for similar menu items for the same events that would have been held at the terminating Hotel. Reasonable costs incurred for preparing and reprinting materials already printed listing the terminating Hotel as the location of the event, or for preparing and printing materials or sending email notifications of the change in location. Other expenses or losses that Group can demonstrate were reasonably related to the termination by Hotel and that would not have been incurred by Group if Hotel had not cancelled the Event. Group will provide to the Hotel reasonable documentation of increased expenses listed above that are incurred by Group. Notwithstanding anything to the contrary as contained herein, Group will be required to take reasonable steps to reduce any damages, including but not limited to using equal or better alternate locations for the cancelled Event identified as willing and able to host the Event on similar terms if possible. Hotel will provide the reimbursement payment within thirty (30) days after the parties mutually agree on the amount to be reimbursed if Hotel canceled Group for any reason other than cause. In the event that the parties cannot agree on the amount of reimbursement, they agree to submit their dispute to arbitration pursuant to the dispute resolution provision of this Agreement. The exercise by the terminating party of the option to terminate is agreed by the parties to constitute the exercise of a contractual option and not a default and in no event shall the terminating party be liable for more than the option price stated above. The terminating party shall make payment due as a result of termination of this Agreement under the terms of this provision to the other party within thirty (30) days after written notice. In the event of cancellation, the Hotel shall make all commercially reasonable efforts to resell the Group’s cancelled guest rooms. In no event may Group transfer or resell its rights under this Agreement to any third party room reseller for purposes of reselling cancelled portions of the Room Block. Group understands that the Hotel sells its remaining guest rooms inventory first before selling Group’s cancelled inventory as described in Section 6.3 above. If the Hotel does resell any or all of the cancelled guest rooms, the Hotel will proportionally refund the cancellation payment. The resold room credit will equal the Hotel’s average daily rate received by the Hotel for the nights on which rooms are resold multiplied by the number of rooms resold, multiplied by the applicable % owed by Group from the cancellation grid above. Rights of Termination for Cause The commitments made by each party will be binding on their respective successors and assigns. Except as otherwise provided in this Agreement, neither party shall have the right to terminate its obligations under this Agreement. This Agreement is, however, subject to termination for cause without liability to the terminating party, under any of the following conditions:

Cancellation by Hotel. In the event that Hotel terminates this Agreement other than for cause, Hotel will be responsible for payment of approved reasonable additional documented expenses incurred by Group as a result of moving the Event to an alternate hotel as set forth below: Increased room rate at the alternate hotel. Increased meeting room rental Provided that final menu prices or maximum menu prices have been agreed upon between Hotel and Group for the Event as described in this Agreement under Section 8.4, increased food and beverage expenses incurred at the alternate hotel for similar menu items for the same events that would have been held at the terminating Hotel. Reasonable costs incurred for preparing and reprinting materials already printed listing the terminating Hotel as the location of the event, or for preparing and printing materials or sending email notifications of the change in location. Other expenses or losses that Group can demonstrate were reasonably related to the termination by Hotel and that would not have been incurred by Group if Hotel had not cancelled the Event. Group will provide to the Hotel reasonable documentation of increased expenses listed above that are incurred by Group. Notwithstanding anything to the contrary as contained herein, Group will be required to take reasonable steps to reduce any damages, including but not limited to using equal or better alternate locations for the cancelled Event identified as willing and able to host the Event on similar terms if possible. Hotel will provide the reimbursement payment within thirty (30) days after the parties mutually agree on the amount to be reimbursed if Hotel canceled Group for any reason other than cause. In the event that the parties cannot agree on the amount of reimbursement, they agree to submit their dispute to arbitration pursuant to the dispute resolution Dispute Resolution provision of this Agreement. The exercise by the terminating party of the option to terminate is agreed by the parties to constitute the exercise of a contractual option and not a default and in no event shall the terminating party be liable for more than the option price stated above. The terminating party shall make payment due as a result of termination of this Agreement under the terms of this provision to the other party within thirty (30) days after written notice. In the event of cancellation, the Hotel shall make all commercially reasonable efforts to resell the Group’s cancelled guest rooms. In no event may Group transfer or resell its rights under this Agreement to any third party room reseller for purposes of reselling cancelled portions of the Room Block. Group understands that the Hotel sells its remaining guest rooms inventory first before selling Group’s cancelled inventory as described in Section 6.3 above. If the Hotel does resell any or all of the cancelled guest rooms, the Hotel will proportionally refund the cancellation payment. The resold room credit will equal the Hotel’s average daily rate received by the Hotel for the nights on which rooms are resold multiplied by the number of rooms resold, multiplied by the applicable % owed by Group from the cancellation grid above. Rights of Termination for Cause The commitments made by each party will be binding on their respective successors and assigns. Except as otherwise provided in this Agreement, neither party shall have the right to terminate its obligations under this Agreement. This Agreement is, however, subject to termination for cause without liability to the terminating party, under any of the following conditions:

Cancellation by Hotel. In the event that Hotel terminates this Agreement other than for cause, Hotel will be responsible for payment of approved reasonable additional documented expenses incurred by Group as a result of moving the Event to an alternate hotel as set forth below: Increased room rate at the alternate hotel. Increased meeting room rental Provided that final menu prices or maximum menu prices have been agreed upon between Hotel and Group for the Event as described in this Agreement under Section 8.4., increased food and beverage expenses incurred at the alternate hotel for similar menu items for the same events that would have been held at the terminating Hotel. Reasonable costs incurred for preparing and reprinting materials already printed listing the terminating Hotel as the location of the event, or for preparing and printing materials or sending email notifications of the change in location. Other expenses or losses that Group can demonstrate were reasonably related to the termination by Hotel and that would not have been incurred by Group if Hotel had not cancelled the Event. Group will provide to the Hotel reasonable documentation of increased expenses listed above that are incurred by Group. Notwithstanding anything to the contrary as contained herein, Group will be required to take reasonable steps to reduce any damages, including but not limited to using equal or better alternate locations for the cancelled Event identified as willing and able to host the Event on similar terms if possible. Hotel will provide the reimbursement payment within thirty (30) days after the parties mutually agree on the amount to be reimbursed if Hotel canceled Group for any reason other than cause. In the event that the parties cannot agree on the amount of reimbursement, they agree to submit their dispute to arbitration pursuant to the dispute resolution Dispute Resolution provision of this Agreement. The exercise by the terminating party of the option to terminate is agreed by the parties to constitute the exercise of a contractual option and not a default and in no event shall the terminating party be liable for more than the option price stated above. The terminating party shall make payment due as a result of termination of this Agreement under the terms of this provision to the other party within thirty (30) days after written notice. In the event of cancellation, the Hotel shall make all commercially reasonable efforts to resell the Group’s cancelled guest rooms. In no event may Group transfer or resell its rights under this Agreement to any third party room reseller for purposes of reselling cancelled portions of the Room Block. Group understands that the Hotel sells its remaining guest rooms inventory first before selling Group’s cancelled inventory as described in Section 6.3 6.3. above. If the Hotel does resell any or all of the cancelled guest rooms, the Hotel will proportionally refund the cancellation payment. The resold room credit will equal the Hotel’s average daily rate received by the Hotel for the nights on which rooms are resold multiplied by the number of rooms resold, multiplied by the applicable % owed by Group from the cancellation grid above. Rights of Termination for Cause The commitments made by each party will be binding on their respective successors and assigns. Except as otherwise provided in this Agreement, neither party shall have the right to terminate its obligations under this Agreement. This Agreement is, however, subject to termination for cause without liability to the terminating party, under any of the following conditions: