48 / 113
INDEMNIFICATION
Co-operative Housing Federation of Canada shall indemnify and hold HOTEL forever harmless from, and against, any and all
direct damages including, but not limited to, personal injury, property damage, loss, liability or claim of liability, expenses, fines
and penalties including reasonable legal fees caused by any negligence or wilful misconduct of Co-operative Housing Federation
of Canada, except to the extent and percentage attributable to the hotel’s negligence.
HOTEL shall indemnify and hold Co-operative Housing Federation of Canada its affiliates, officers, directors, employees, agents
and representatives forever harmless from and against, any and all direct damages, including but not limited to, personal injury,
property damage, loss, liability or claim of liability, expenses, fines and penalties including reasonable legal fees caused by any
negligence or wilful misconduct by HOTEL, its agents, employees or representatives, except to the extent and percentage
attributable to Co-operative Housing Federation of Canada’s negligence.
Re-sell Clause
If Group pays the cancellation damages as provided in this Contract at the time of cancellation, Hotel will provide a refund to
Group proportionate to the amount of damages paid, to the extent that hotel is able to resell all or part of the cancelled sleeping
rooms and/or, food and beverage events. For purposes of this paragraph, sleeping rooms will be considered “resold” to the
extent that the hotel is able to sell more sleeping rooms on any night than it could have sold if Group had fully occupied its
reserved block. The resale refund will equal the average daily rate received by the hotel for the nights on which rooms are resold
times the number of rooms resold, times the damage percentage paid by group. Food and beverage events will be considered
“resold” to the extent that Hotel holds a food and beverage event that it could not have held if Group had not cancelled its
event. The refund will be equal to the revenue actually received from the replacement event(s) times the damage percentage
paid by Group.
Re-booking Clause
If the cancellation damages set forth above are paid with notice of cancellation, the hotel agrees that 50%
of the damages paid
will be applied as a credit toward the Master Account of a replacement meeting booked, actualized and paid for by your group
no later than one (2) year from the date of cancellation. This credit may be applied only to group events and is based upon date
and rate availability at the hotel. Any unused credit will be retained by the hotel. If the replacement meeting is cancelled, Group
will pay cancellation damages pursuant to the applicable contract and the credit provided in this paragraph will be retained by
Hotel.
Secure Booking
Upon signature of this agreement,
the hotel recognizes this group as confirmed at the hotel
and will not relocate this group in
order to secure another group.
Commission:
A placement fee of 10 percent, based on actual room revenue consumed, is to be paid by the property to The
Howes Group. The Howes Group is acting with full consent and the client is aware of the placement fee. The hotel further agrees
that the placement fee for the booking of this meeting is non-cancelable and non-transferable to any other party. The hotel
guarantees The Howes Group has negotiated the lowest and most competitive rate available. The guest room rate is not
increased due to the involvement of The Howes Group.
Conflict Avoidance
The Hotel shall avoid booking guest room blocks, hospitality suites, and function space over the period of the Event on behalf of
any organization with an interest in real estate or real estate appraisal, exhibitors/sponsors approved by the Groups, or whose
simultaneous presence in the Hotel during the Event dates may embarrass the Groups. All ancillary or affiliate groups to the
Groups must have the express approval of the Groups’ meeting management prior to booking subgroup activities.