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CONSTELLATION 3. Late Payments. If Client fails to make any payments pursuant to this Agreement within the required time periods and any amounts remain unpaid ten (10) days after Caterer delivers written notice to Client of such failure, then Caterer shall have the right to release the Event Date and terminate this Agreement. Any amounts not paid within fifteen (15) days after the Final Invoice Date, provided Caterer has given written notice thereof and an opportunity to cure within the aforementioned ten (10)day period, shall incur a late fee equal to one and one half percent(1.5%) per month until all outstanding amounts are paid in full. In the event Caterer is required to engage an attorney for the purposes of collecting any amounts due from Client, the attorneys' fees and all costs incurred by Caterer in connection with the collection shall be due and payable to Caterer, within ten (10) days after written demand therefor. THE PARTIES ACKNOWLEDGE AND AGREE THAT IT WOULD BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ESTIMATE CATERER'S ACTUAL DAMAGES AS A RESULT OF A LATE PAYMENT AND THEREFORE THE PARTIES AGREE THAT THE LATE FEE TO BE PAID BY CLIENT PURSUANT TO THIS SECTION 3 IS A REASONABLE ESTIMATE OF CATERER'S DAMAGES. SUCH AMOUNT SHALL BE THE FULL, AGREED AND LIQUIDATED DAMAGES FOR LATE PAYMENTS. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE SECTIONS 3275 OR 3369 BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO CATERER PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 1671, 1676 AND 1677. 4. Guest Count. Client agrees to provide to Caterer In writing, the following information at least fourteen (14) days prior to the Event Date (such date, the"Guaranteed Count Date"): (i) the final minimum guest count [and entr6e selection] of those attending the Event, and (ii) any changes related to any services provided in this Agreement (collectively, the"Final Guest Count"). Confirmations and/or changes made to menu and/or services after the Guaranteed Count Date are subject to surcharges for procurement of additional products and services. Client may increase the Final Guest Count until the date that is five (5) days prior to the Event Date and agrees to pay all additional charges In connection with increased guest count, In the event of a decrease to the actual guest count after the Guaranteed Count Date, the Client shall remain responsible for payment on the entire Final Guest Count. Prices stated herein are subject to modification at Caterer's discretion to account for changes to the market price of products and/or an increase in the Final Guest Count. S. Payment. Caterer prefers that all payments due under this Agreement be made by wire transfer or credit card. However, Caterer will accept cash and checks, provided that the funds are available for withdrawal on the next business day. 6. Client's Property. Caterer is not responsible for any items provided by Client for the Event (e.g. liquor, flowers, cake, gifts, etc.). Caterer is only responsible for those items listed on the attached Proposal and for no other items. In the event Client requests that Caterer utilize any personal possessions or property of Client ("Client's Property") in connection with the Event,Client shall be solely responsible for the care and removal of Client's Property. Client waives, releases, indemnifles, and holds harmless Caterer and its agents and employees from and against any and all claims, liabilities, damages, expenses including but not limited to attorneys' fees and costs incurred by (i) third parties in connection with the use of Client's Property, (11) any loss or damage to Client's Property, in connection with the Event, ............................................................................................................................. ................ Santa Ana Police Dept Awards Reception, 2/25/26 Event Number: 130W_638387, Terms & Condition, Printed: 2/5/26 6