Agreement for: Vietnamese Business Forum
<br />Date(s) of Program: 07/13/23 - 07/13/23
<br />Page 4 of 6
<br />A Service Charge, which is taxable by California State Sales Tax Law regulation 1803 and annotation
<br />55.0780 and, applicable state taxes, shall be added to account. A taxable 25 percent (o/o) Service Charge is to
<br />be added to the patron's bill for food and beverage. Subject to Change.
<br />INDEMNIFICATION & INSURANCE: Hotel and Group each agree to carry and maintain comprehensive
<br />general liability in an amount no less than one million dollars per person per occurrence and other
<br />insurance in amounts sufficient to provide coverage against all claims arising out their respective
<br />obligations pursuant to this contract. Group's general liability policies will specifically name Hotel and
<br />Pacific Hospitality Group as additional insureds, and such insurance will be primary and not contributory
<br />to the Hotel's coverage. Evidence of such insurance will be provided by Group to Hotel upon request,
<br />Damage to the Hotel premises by the Group or appointed contractors will be the Group's responsibility.
<br />Group will accept full responsibility for any damages resulting from any action or omission of their
<br />individual attendees in conjunction with organized group activities. The Hotel is not responsible for any
<br />loss or damage no matter how caused, to any samples, displays, properties, or personal effects brought into
<br />the Hotel, and/or for the loss of equipment, exhibits or other materials left in meeting rooms.
<br />The Hotel reserves the right to approve all outside contractors hired for use by the Group in the Hotel and
<br />may have a list of approved contractors and vendors. The Hotel must be notified in advance of any
<br />proposed vendor. The Hotel reserves the right to advance approval of all specifications, Including electrical
<br />requirements, from all outside contractors and to charge a fee for outside services brought into the Hotel.
<br />The Group and/or outside contractors must provide proof of worker's compensation insurance for
<br />employees who will work on Hotel premises and proof of adequate general liability coverage for the Group
<br />and/or outside contractors' activities while on Hotel's premises, and must comply with all other similar
<br />requirements the Hotel deems appropriate, in its sole discretion, regarding use of function space, facilities
<br />and use of Hotel services.
<br />The Hotel shall indemnify, defend and hold harmless the Group, its officers, directors, partners, agents,
<br />members, and employees from and against any and all claims, demands, damages to persons or property,
<br />losses, and liabilities, including reasonable attorney's fees (collectively, "Claims"), arising out of or caused
<br />by the Hotel's negligence in connection with the provision of services or the use of the Hotel's facilities,
<br />except to the extent and percentage attributable to the negligence of the Group, its officers, directors,
<br />partners, agents, employees, contractors, vendors, guests, or invitees. The Hotel shall not have waived or
<br />be deemed to have waived, by reason of this paragraph, any defense which it may have with respect to such
<br />Claims. The Hotel's indemnification, defense, and hold harmless obligations do not apply to any Claims
<br />specifically related to COVID-19.
<br />The Group shall indemnify, defend, and hold harmless the Hotel, its affiliates, officers, directors, partners,
<br />agents, members, contractors, and employees (collectively, the "Released Parties") from and against any
<br />and all Claims arising out of or caused by the negligence of the Group, its officers, directors, partners,
<br />agents, employees, contractors, vendors, guests, or invitees in connection with the Hotel's services or use of
<br />the Hotel's facilities, except to the extent and percentage attributable to the Hotel's negligence. The Group
<br />shall not have waived or be deemed to have waived, by reason of this paragraph, any defense which it may
<br />have with respect to such Claims.
<br />The Group further agrees to indemnify, defend, and hold harmless the Released Parties from and against
<br />any and all Claims, specifically related to COVID•19, arising out of or related to the Hotel's services or use of
<br />the Hotel's facilities by the Group, its officers, directors, partners, agents, employees, contractors, vendors,
<br />guests, or invitees, whether caused by the negligence of the Released Parties or otherwise.
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