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Attachment A
<br /> TERMS AND CONDITIONS FOR CATERING AGREEMENT
<br /> 1. Parties. In these Terms and Conditions for Catering Agreement(the"Terms and Conditions"),"you"and"your"refers to the Client
<br /> indicated on the first page of this Catering Agreement,and references to"we"and"our"refers to the operating subsidiary of the Patina
<br /> Restaurant Group, LLC identified on the first page of this Catering Agreement.
<br /> 2. Guest Count Confirmation. The Estimated Number of Guests Is set forth on the first page of this Agreement. Except as noted
<br /> elsewhere in these Terms and Conditions, our Catering Charges are based on your Guaranteed Minimum Number of Guests and all of
<br /> the Additional Catering Services you request.You agree to notify our catering office in writing via email to
<br /> hnaylor@patinagroup.com of your Guaranteed Minimum Number of Guests at least seven(7)business days prior to the
<br /> Event, If you do not advise us of your Guaranteed Minimum Number of Guests prior to the deadline set forth in the prior sentence,the
<br /> Estimated Number of Guests indicated above will then be treated for all purposes as the Guaranteed Minimum Number of Guests. If
<br /> the number of guests served at the Event is greater than the Guaranteed Number of Guests and we are able to accommodate the
<br /> additional guests,your charge for the Catering Services will be increased accordingly and we reserve the right to adjust the menu as
<br /> necessary. In addition, if the Guaranteed Minimum Number of Guests is materially greater than the Estimated Number of Guests,we
<br /> reserve the right to designate an alternate room or area to more appropriately accommodate the Event; provided however,that we
<br /> cannot guarantee that alternative space will be available to accommodate a Guaranteed Minimum Number of Guests that is materially
<br /> larger than the Estimated Number of Guests.
<br /> 3. Payment. All amounts payable to us must be paid by you using any of(i)a Credit Card(American Express,Visa, MasterCard or
<br /> Discover), (ii)Wire or ACH Transfer or(Hi)certified/bank check.A Non-refundable Deposit equal to[50]% of the total Estimated
<br /> Catering Charges($$8,175.04)is due upon execution of this Agreement. Upon your delivery of the quantity for the Guaranteed
<br /> Minimum Number of Guests,we will deliver to you via the email address you provided an updated invoice reflecting the Guaranteed
<br /> Minimum Number of Guests and a revised statement of Estimated Catering Charges. Payment of the balance of the revised Estimated
<br /> Catering Charges set forth on that invoice is due in full upon receipt. If you fail to deliver to us the Guaranteed Minimum Number of
<br /> Guests,then the Estimated Number of Guests will be deemed to be the Guaranteed Minimum Number of Guests for purposes of the
<br /> updated invoice.The balance of the Estimated Catering Charges are due on the day of the Event. For charges for or related to the
<br /> Catering Services that are in excess of the Estimated Catering Charges(including,for example and without limitation,as a result of
<br /> overtime or additional guests),we will provide you with an invoice at the conclusion of the Event.Your payment for these excess
<br /> charges must be delivered to us immediately upon receipt of the invoice(if you signed a Payment Authorization Form,the payment
<br /> authorization you signed will allow us to charge your credit card for those charges,but we will ask you if you would like to use that
<br /> payment method before we charge it). Late payments are subject to a late charge equal to 5%of the amount due. You also agree to
<br /> pay interest on any amount that is not paid when due at the rate of one and one-half percent(1.5%)per month from due date until the
<br /> date such delinquent amount is paid.
<br /> 4, Administrative Charge.Our charge for the Catering Services includes an Administrative Charge which is based on food,
<br /> beverage,and if applicable,location or room rental and other Event-related services.The Administrative Charge is not a service
<br /> charge. The Administrative Charge is intended to cover certain administrative operating cost we incur in providing the Catering
<br /> Services and is not a tip or a gratuity and is not paid out to our service staff. Our service staff is paid In excess of the applicable
<br /> minimum wage rate,and therefore tips or gratuities are not expected but are instead left to your discretion. If we charge a separate
<br /> Service Charge it will be identified In the itemized list of charges in the Catering Agreement and all such amounts collected will be
<br /> disbursed to our catering staff.
<br /> 5. Cancellation or Change to Event. If the Event Date,the Event Location or the duration of the Event are changed for any reason,
<br /> and if we are able to accommodate the change in our sole discretion,our charge for the Catering Services will be subject to equitable
<br /> adjustment.We will apply the entire amount of your deposit and any prepayments towards the new Event and our new charge for the
<br /> Catering Services will be confirmed to you in writing. If we are not able to accommodate the change,this Agreement will be subject to
<br /> cancellation by either party subject to the provisions of this section. If you cancel the EVENT more than thirty(30)days prior to the
<br /> EVENT,we will retain,and you will forfeit, all deposits that you have already paid. If you cancel the Event within thirty(30)days of the
<br /> Event Date,you will remain responsible for payment of the total amount of the Estimated Catering Charges.
<br /> Our obligation to provide the Catering Services described in this Agreement is subject to cancellation if the Event Location becomes
<br /> unavailable for any reason, if we are prevented from providing the Catering Services due to Force Majeure or,with respect to an
<br /> outdoor event,due to inclement weather. If we are required to cancel your Event due to any of the foregoing we will use our
<br /> commercially reasonable efforts to re-schedule your Event at a separate,substantially comparable location on the date of your Event or
<br /> at the same location on a mutually agreed upon substitute date. If we are unable to reschedule your Event,we will return to you all
<br /> deposits and other amounts you paid to us in advance and neither of us will have any further liability to the other. For purposes of this
<br /> Agreement,"Force Majeure"shall mean (i)acts of God;(ii)blizzard, hurricane,tornado,flood or other extreme weather event,(iii)fire,
<br /> earthquake or explosion;(iv)war, invasion, hostilities(whether war is declared or not),terrorist threats or acts, riot or other civil unrest;
<br /> (v)government law,order or regulation;(vi)actions, embargoes or blockades in effect on or after the date of this Agreement;(vii)action
<br /> by any governmental authority; (viii)national or regional emergency;(ix)strikes, labor stoppages or slowdowns or other industrial
<br /> disturbances;(x)interruptions or shortages of utilities or transportation facilities and(xi)other events or circumstances outside of our
<br /> reasonable control.
<br /> Event Name: 12-10 City of Santa Ana Installation Reception Event Date: 12/10/2024(Page 4 of 5)
<br /> EVENT NUMBER:312118-1,Site:Tangata at Bowers Museum(printed 12/3/2024 9:36 AM)
<br /> DN 139607-9
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