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CM-2015-849 - 8/7/2015AX MARRIOTT CROUP SALES AGREEMENT DESCRIPTION OF GROUP AND EVENT The following represents an agreement between Austin Marriott North, 2600 La Frontera Boulevard, Round Rock, TX, 78681, (512) 733-6767 and Round Rock Fire Department. ORGANIZATION: Round Rock Fire Department CONTACT: Name: Street Address: City, State, Postal Code Country: Phone Number: E-mail Address: NAME OF EVENT: REFERENCE #: OFFICIAL PROGRAM DATES: Angelo Luna 203 Commerce Blvd. Round Rock, TX USA (512) 218-6625 aluna@roundrocktexas.g4;7ov Round Rock Fire Department January2016 M-3T9JPZR Saturday, 01 / 16/2016 - Sunday, 01 / 17/2016 FUNCTION INFORMATION AGENDA/EVENT AGENDA Based on the requirements outlined by Round Rock Fire Department, the Hotel has reserved the function space set forth on the below Function Information Agenda/Event Agenda. Date Day Sta rt Time End Time Function Type Setup People Rental Related Events $5,000++ rental fee 01/16/2016 Sat 5:00 PM 10:00 PM Dinner Rounds of 10 No less than waived if Awards Banquet 200+ minimum met All meeting room, food and beverage, and related services are subject to service charge (currently 21 %) and applicable taxes (currently 8.25%) in effect on the date(s) of the event. FOOD AND BEVERAGE ATTRITION Round Rock Fire Department agrees that it will provide a minimum food and beverage revenue of $5,000 (exclusive of applicable service charges and taxes) as part of the Event. If Round Rock Fire Department provides less food and beverage revenue, it agrees to pay Hotel 35% of the shortage, plus applicable taxes. In addition, if any food and beverage event is cancelled within 72 hours of its scheduled starting time, Round Rock Fire Department agrees to pay Hotel 100% of the food and beverage revenue guaranteed at 72 hours. CANCELLATION The hotel is relying upon Round Rock Fire Department's usage of the agreed upon Total Room Nights and the food and beverage functions outlined in the Function Information Agenda. Round Rock Fire Department agrees to provide Hotel with written notice of any decision to cancel or to otherwise essentially abandon its use of the Total Room Nights and/or Function Information Agenda (a "Cancellation") within five (5) business days of such decision. Round Rock Fire Department acknowledges that a Cancellation would constitute a breach of Round Rock Fire Department's obligation to Hotel and Hotel would harmed. If a Cancellation occurs, the parties agree that: (a) It would be difficult to determine Hotel's actual harm. (b) The sooner Hotel receives notice of the Cancellation, the lower its actual harm is likely to be because the probability of Pagel of 3 MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION Version wsfl.0 mitigating the harm by reselling space and functions is higher. (c) The highest dollar amount in the chart (the "Chart") set forth below reasonably estimates Hotel's harm for a last-minute Cancellation and, through its use of a sliding scale that reduces damages for earlier Cancellations, the Chart also reasonably estimates Hotel's ability to lessen its harm by reselling Round Rock Fire Department space and functions. Round Rock Fire Department therefore agrees to pay Hotel, within thirty (30) days after any Cancellation, as liquidated damages and not as a penalty, the amount listed in the Chart below. Date of Cancellation Amount of Liquidated Damages Due Date of Agreement to 91 days prior 25% of Total Room and Function Revenue* From 61 days to 90 days prior 50% of Total Room and Function Revenue* From 31 days to 60 days prior 65% of Total Room and Function Revenue* From 30 days to arrival date 75% of Total Room and Function Revenue* If applicable, state and local taxes will be added to the amounts listed above. *"Total Room Revenue" is the dollar amount equal to the number of contracted Total Room Nights multiplied by Round Rock Fire Department's average room rate. Total Function Revenue is the contracted Expected Attendance multiplied by menu prices, plus facilities Fees as outlined in the Function Information Agenda above. Provided that Round Rock Fire Department timely notifies Hotel of the Cancellation and timely pays the above liquidated damages, Hotel agrees not to seek additional damages from Round Rock Fire Department relating to the Cancellation. REWARDS PROGRAM - REWARDING EVENTS Approximately (10) business days after the conclusion of the Event (provided that the Event is not cancelled and Round Rock Fire Department has otherwise complied with the material terms and conditions of this Agreement), the Hotel will either award Points or submit an award for airline miles to the Member(s) identified below: Rewarding Events program is not available in certain circumstances, including (1) for any government employee or official booking a government event (U.S. government event or non -U.S. government event); (2) for any employee of a state-owned or state-controlled entity ("SOE") booking an event on behalf of the SOE; or (3) for any other planner or intermediary when booking an event on behalf of a non -U.S. governmental entity or SOE. GROUP MUST CHECK ONE OPTION BELOW: O The Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) is eligible to receive Rewarding Events Points or airline miles. Member Name Marriott Rewards Program Member Number Member Email Address *If airline miles are desired instead of Rewarding Events Points, please also provide: Frequent flier airline miles account number. Airline Name OR O The Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) declines or is not eligible to receive Rewarding Events Points or airline miles and hereby waives the right to receive an award of Points or airline miles in connection with the Event. The number of Points or airline miles to be awarded shall be determined pursuant to the Rewards Program Terms and Page 2 of 3 Version wsfl.0 MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION Conditions, as in effect at the time of award. The Rewards Program Terms and Conditions are available on-line at marriottrewards.com, and may be changed at the sole discretion of the Rewards Program at any time and without notice. The individual(s) identified above to receive either Points or airline miles may not be changed without such individual(s)' prior written consent. By inserting the airline mileage account information, the recipient elects to receive airline miles rather than Points. All Rewards Program Terms and Conditions apply. ACCEPTANCE When presented by the Hotel to Round Rock Fire Department, this document is an invitation by the Hotel to Round Rock Fire Department to make an offer. Upon signature by Round Rock Fire Department, this document will be an offer by Round Rock Fire Department. Only upon signature of this document by all parties will this document constitute a binding agreement. Unless the Hotel otherwise notifies Round Rock Fire Department at any time prior to Round Rock Fire Department's execution of this document, the outlined format and dates will be held by the Hotel for Round Rock Fire Department on a first -option basis until May30, 2015. If Round Rock Fire Department cannot make a commitment prior to that date, this invitation to offer will revert to a second -option basis or, at the Hotel's option, the arrangements will be released, in which case neither party will have any further obligations. Upon signature by both parties, Round Rock Fire Department and the Hotel shall have agreed to and executed this Agreement by their authorized representatives as of the dates indicated below. SIGNATURES Approved and authorized by Round Rock Fire Department. Name: (Print) Title: (Print) Approved and authorized by Hotel: Name: (Print) Suzanne Petro Title: (Print) EM/Catering Sales Manager Page 3 of 3 Signature CGC Cil(�L/� Date: Signature: Date: MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION Version wsf1.0