EnCana Events Centre, Dawson Creek
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CONTRACT TERMS 1. Final Conference Coordination of all function requirements must be completed 3 weeks prior to the function dates. 2. Occurrences Beyond Control The performance of this agreement by either party is subject to acts of God, War, government regulation or advisory, disasters, fire, accidents, or other casualty, strikes or threat of strike (exception: Neither Hotel nor Client may terminate this agreement for instances involving their respective employees or agents), civil disorder, acts and/or threats of terrorism, or curtailment of transportation of transportation services or facilities, or similar cause beyond the control of either party making it, illegal or impossible to hold the group/meeting/convention/event or provide the facility. Either party may terminate or suspend its obligations under this agreement if such obligations are delayed or prevented by any of the above events to the extent such events are beyond the reasonable control of the party whose reasonable performance is prevented. 3. Hotel not Liable for Loss. Hotel is not liable for loss, theft or damage to property belonging to you or any of your invited guests or invites. 4. Liquidated Damages. You and Hotel agree that if any portion of this contract is canceled by you for any reason, Hotel will be damaged in an amount, which will be difficult to estimate. Accordingly, you agree that the amount set forth as liquidated damages are fair and reasonable that the Hotel shall be titled to collect such amounts from you as liquidated damages. 5. Indemnity. You agree to indemnify, defend and hold Hotel, its owners, officers and employees from all claims, demands, liabilities and expenses arising out of (1) any damage or destruction of property or injury or death of any individual arising out of your negligence or intentional misconduct or of that of your guests or invitees and (2) any enforcement of the Americans with Disabilities Act as it relates to the operation of your function. You agree that you are responsible for compliance with this act. 6. Entire Agreement. This contract contains the entire agreement between you and the Hotel and supercedes all other agreements whether oral or written. Any modification or cancellation of this contract must be in writing and signed by you and Hotel. 7. Late Charges. You agree that amounts not paid on the date due shall accrue interest at the rate of 1.5% per month until paid in full and may be subject to additional collection costs, which you agree to pay. 8. Attorney’s Fees. If either party commences litigation under this contract, the prevailing party shall be entitled to recover actual attorney’s fees and court costs. This contract shall be construed and enforced in accordance with the laws of the State of California, and The City of San Diego shall be the sole venue for any action brought under this contract. 9. Certificate of Insurance. All outside vendors must provide a certificate of insurance to the hotel, with The Dana named as additional insured. Insurance is required and vendors that do not comply will not be allowed to perform services on property. The certificate must be submitted to the Sales Office no later than 30 days prior to the event.. 10. Signature. Your signature guarantees approval of the above policies and procedures and, if signing on behalf of an organization, represents that you have authority to enter into this agreement on behalf of this organization which is bound by the terms of this agreement.
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