Room Block Attrition
6.1 If
Group’s actual usage slips below either (i) 80% of the original Room Block
Commitment or (ii) 80% of the adjusted Room Block (if any), Group agrees to pay
seventy-five percent of the average group room rate for each room night below
the 80%. This amount shall be calculated
by multiplying (.75) times the single/double Group rate, exclusive of taxes,
for each room night below eighty percent (80%) of the original or adjusted Room
Block. (.75 x $ single/double
rate = $ per room night attrition
costs). Such charges shall be added without
tax, to, and payable as part of, the Master Account.
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 all efforts to resell any unused room nights in the Room
Block and shall credit those sales against any attrition charges.
6.4 The Group
shall not pay for off-line rooms (rooms being remodeled or not used for any
reason).
Optional
Hotel
shall waive the Attrition Clause if the parties agree to use Hotel’s services
in connection with a future meeting of comparable size (a comparable number of
room nights and a comparable food and beverage minimum) within the 24 months
following the Meeting under this Agreement.
The terms of any such new meeting would need to be mutually agreed upon
by the parties in their sole discretion and set forth in a definitive written
agreement signed by the parties. Any new
meeting would be subject to availability.
Nothing in this Agreement requires the parties to agree to any such
waiver or new meeting.
If
there is no attrition in this Agreement, please include the following clause:
It is
understood and agreed by the parties that the Hotel will not assert any fees
against the Group or withdraw any of the complimentary concessions outlined in
this Agreement should Group hold the Meeting but fail to fully utilize the Room
Block.
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