ARTICLE 3. ROOM RATES, VIP’s, AND AWARD POINTS
(a) HOTEL agrees that at the time of the signing of the hotel agreement, no special promotional group room rates are available that would lower the cost to COMPANY under the hotel agreement for the same or better types of rooms during the same dates as COMPANY'S stay, and if any such rates become available at HOTEL after the signing of the hotel agreement for an event that has revenue similar to the revenue from COMPANY under the hotel agreement, HOTEL shall inform COMPANY and make such rates available to COMPANY.
(b) HOTEL acknowledges that COMPANY will have a number of VIPs and other special guests at this meeting (not to exceed 10% of the total guests) and that these individuals should be accorded the finest quality of accommodation available and 5pm late checkout, if needed. If specified on Exhibit 1, and if 80% of the guest room block reserved under the hotel agreement is consumed, HOTEL shall make available sleeping room/suite upgrades that will be priced at the negotiated group rate as specified herein.
(c) HOTEL agrees not to award points or other incentives associated with the function specified in the hotel agreement to any COMPANY employee or employees of any third party providing services for such function. In lieu of award points, HOTEL agrees to apply 1% of guest room revenue as a credit to the program master account up to a maximum credit amount of $700.00.
ARTICLE 4. COMPETITIVE GROUPS & CONFLICTING GROUPS
(a) HOTEL acknowledges the sensitive nature of COMPANY’s function and represents and warrants that it has not booked any function, meeting or program at HOTEL’s facility nor rented any of its meeting space to any Competitors, for any of the dates on which COMPANY is using function space. For purposes of this section, “Competitors” shall be defined as companies listed in Dun & Bradstreet under the following segments: Pharma, Bio-Tech, Medical Device and Diagnostics, and Consumer Health Products, and any party making arrangements for such companies. HOTEL agrees that should it receive such a request for any of the dates, including load in and load out dates, of COMPANY’s function, HOTEL shall agree to such request only if COMPANY agrees in writing or email, provided COMPANY shall consider any such request in good faith. In the event that HOTEL breaches the foregoing obligation, and COMPANY determines in good faith that the Competitor will have an adverse impact on COMPANY’s function, HOTEL shall provide COMPANY a twenty-five percent (25%) reduction on the final bill (master bill plus amounts paid by attendees for guest rooms) if elected by COMPANY in lieu of any remedies that COMPANY may have available at law or equity. If the foregoing reduction on the final bill is not elected by COMPANY, nothing in this section shall limit any remedies that COMPANY may have available at law or equity.
(b) HOTEL represents and warrants that it has not and shall not enter into any type of joint marketing arrangement with any Competitors of COMPANY for any of the dates of COMPANY’s function.
(c) HOTEL further agrees that there shall not be any function, meeting or program at HOTEL’s facility with live animals (e.g., dogs, cats), live bands, loud music or other such distractions on any of the dates of COMPANY’s function, unless COMPANY consents in writing.
(d) If HOTEL double books any of the function space contracted to COMPANY, HOTEL agrees to honor the space contracted to COMPANY hereunder.
ARTICLE 5. PAYMENT POLICY
(a) HOTEL acknowledges COMPANY's excellent references and substantial credit history regarding all travel related events and hereby waives any and all deposit requirements.
(b) HOTEL shall invoice COMPANY for all charges in connection with this function promptly after the function ends. COMPANY shall have the right to challenge the accuracy and completeness of the invoice, the right to provide corrected information and the right to request more detailed or further information, provided any disputes are presented by COMPANY within twenty-one (21) days of its receipt of the initial invoice. HOTEL shall recheck all its records, reconcile the information differences, report back to COMPANY and resend an invoice agreed to by both parties. COMPANY shall pay all undisputed invoices within sixty (60) days of receiving such invoice. HOTEL agrees that charges shall not be submitted onto any COMPANY credit card until HOTEL receives an authorization letter or email from COMPANY.
(c) HOTEL agrees to accept the AMERICAN EXPRESS card as form of payment for the hotel master account without ANY additional fees associated with such type of payment.
(d) HOTEL represents and warrants that each vendor doing business in HOTEL’s facility accepts the AMERICAN EXPRESS card as a form of payment.