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PERFORMANCE CLAUSE:
If the event occurs at the Hotel and Group does not use the entire room block reserved by this
contract as defined by the Guest Room Accommodations, Group agrees that Hotel may suffer damages which would be difficult
to determine. Damages for lack of performance will be based on a minimum commitment of 75% of the Group’s Guest Room
Accommodation commitment.
To determine attrition damages, apply the following formula:
1. Determine the Group’s minimum block by multiplying the total number of rooms blocked per night by 75%.
2. Determine the number of total rooms available in the Hotel for sale by subtracting complimentary and out of order rooms
from total inventory.
3. Determine unsold rooms by subtracting total occupancy from total rooms available.
4. For each room night, Group will pay the amount equal to 75% (loss profit) of the Group’s single confirmed group rate
($159.00 X 75% = $119.25)
(plus tax, if required by applicable law) times either the number of unsold rooms in the Hotel; or the
difference between Group minimum block and actual Group pick-up whichever is the lesser amount. This amount will be
considered “unsold room revenue” payable to the Hotel as liquidated damages, and not a penalty, in a reasonable attempt by
parties to calculate the damages suffered by Hotel for losses due to Group’s breach.
5. For any day that the hotel achieves 100% occupancy or higher during the event dates, the Group will receive full credit for
achievement of the contracted block for that day.
Hotel will submit to Group an Attrition invoice daily report showing the information necessary to perform the above calculations
to see if a credit is due to the attrition portion of Group’s obligation. Hotel agrees that after receipt of this payment it will not
seek additional damages related to the sleeping room commitment provision in this Agreement from Group for not utilizing the
full room block.
Lowest Rate:
From the date of contract signing to group’s cut-off date, the hotel guarantees that no rates via published or
internet will be lower than the above group rate over the peak program dates. This does not include previously negotiated
corporate, wholesale and group rates.
Reservation Crosscheck
If there is a discrepancy between the Hotel’s reported pickup figures and the figures believed to be accurate by Group, Group
will furnish the Hotel with a list of attendees to be compared with the Hotel’s list of in-house guests over Group’s dates. All
rooms determined to be occupied by Group’s attendees shall be credited to block for pickup and commission purposes.
Sold Out In Advance
Co-operative Housing Federation of Canada
will not be responsible for any attrition damages if the HOTEL represents itself as
being sold out to anyone attempting to make a reservation prior to the cut-off date and that no additional reservations will be
accepted on one or more nights of the groups’ in-house dates.
Additional Fees
It is agreed that this contract includes all additional fees and service charges. Co-operative Housing Federation of Canada will
not pay additional fees over and above at a future date than what has been discussed and agreed to in contract.
Force Majeure
If the Contract becomes impossible to perform by either party, but not limited to, acts of God, war, government regulations,
disaster, strikes, civil disorder, curtailment of transportation facilities (which prohibit 25% or more of the meeting delegates from
attending the Co-operative Housing Federation of Canada AGM conference), or other emergencies making it illegal or impossible
to provide the facilities or to hold the program, this Contract may be terminated for any one or more of such reasons by written
notice from one party to the other provided that the reason for said termination is in effect in Edmonton, the immediate
surrounding area and/or the closest airport (Edmonton International Airport) and is in effect within 30 days prior to the arrival of
the first members of the group.