CARMEL MISSION INN - Laserfiche WebLink

Page 7 of 8 Additional Remedies: If this Agreement is one of a group of (any two or more) agreements between Hotel and Group and/or any of Group’s affiliates for Hotel to host events, then Hotel reserves the right to terminate this Agreement and/or other agreement(s), without liability to Hotel, if (a) Group (or, if applicable, its affiliate) fails to timely pay any amounts due and owning under, or commits any other material breach of its obligations under, this Agreement or any of the other agreements; or (b) Group, i ts affiliate or any of their respective employees, agents, guests or contractors causes damage or disruption to the Hotel’s premises, operations, guests or reputation. Notice of any such termination by the Hotel shall be made to Group in writing. If Hotel cancels the Agreement pursuant to this section, Group shall be responsible for the applicable Cancellation Fee as if Group cancelled the Agreement. If, pursuant to this section, Hotel cancels any other event(s) it had booked for Group or one or more aff iliates of Group, then Group shall be responsible for any applicable cancellation fee(s) provided for under the applicable agreement(s). Group’s Property: Group agrees Hotel will not be responsible for the safe-keeping of equipment, supplies, written material or other valuable items left in meeting rooms, sleeping rooms or anywhere on Hotel’s premises. Group is responsible for securing any such aforementio ned items and hereby assumes responsibility for loss thereof. Group may not rely on any verbal or written assurances provided by Hotel staff, other than as provided in this Agreement. Property of Group is the sole responsibility of Group and/or its owner. Choice of Law: This Agreement will be interpreted in accordance with the laws of the state or province in which Hotel premises is located, without giving effect to any conflict-of-law principles thereof that would result in application the laws of any other state or province. Dispute Resolution: a. The parties shall exercise commercially reasonable efforts to informally and timely resolve any dispute arising under or related to this Agreement before commencing litigation, unless the litigation seeks emergency injunctive relief. b. Any action between the parties arising out of or related to this Agreement shall be filed solely in the federal court for the district or province in which the premises of Hotel is located or, if subject matter jurisdiction in that court is lacking, in a state or provincial court where the Hotel is located. Each of the parties hereby consents to the personal jurisdiction of these courts and venue of any such action in these courts, and hereby waives any objection based on the doctrine of forum non conveniens to any such action being adjudicated by any such court. c. In addition to any other obligations set forth in this Agreement, if any action is brought by either party against the other to enforce its rights under this Agreement, including (without limitation) any litigation, the non-prevailing party shall be responsible for the prevailing party’s costs related to such action, including (without limitation) reasonable attorneys’ fees and expenses, collection costs and pre - and post- judgment interest. d. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, INTENTIONALLY AND MUTUALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CIVIL ACTION BASED ON, ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF THE HOTEL, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (VERBAL OR WRITTEN) OR ACTIONS BY THE PARTIES. Entire Agreement: This Agreement constitutes the entire agreement between the parties covering the Room Block and Function(s) and supersedes any previous agreements, communications, representations or agreements, whether written or oral. Any modifications, additions or corrective lining out made on this Agreement will not be binding unless such modifications have been signed or initialed by both parties. Any amendments to this Agreement must be made in writing and signed by authorized representative of eac h party. For the avoidance of doubt, this section shall not prevent Group from ordering particular or additional services from Hotel through a banquet event order or other document signed by an Authorized Representative. Docusign Envelope ID: 72634566-D260-4211-B250-66B356828C55