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6. Access and Event Time. The Event will begin promptly at the scheduled Start Time and you and your guests are required to
<br /> vacate the Event Location at the indicated End Time. However,should the duration of the Event be extended you will bear all
<br /> additional Catering Charges resulting from the extended duration, including all additional food and beverage charges, labor charges
<br /> and overtime charges. Nevertheless,you and your guests are assured access to the Event Location only for the duration stated in
<br /> this Agreement. We cannot guarantee that you or your guests will be permitted access to the Event Location prior to the Start Time
<br /> or after the End Time.
<br /> 7. Facility Usage Charges and Facility Damage.You will be responsible for payment of the facility usage charges(if any)imposed
<br /> by the owner of the Event Location. The owner of the Event Location may also require you to post a deposit or other security to
<br /> assure payment of the facility usage charges. Any facility usage charges that are estimated in this Agreement are subject to final
<br /> determination by the owner of the Event Location,and the owner of the Event Location may elect to invoice you for those charges
<br /> directly. You are responsible for the cost of all damage to personal and real property at the Event Location caused by your acts or
<br /> omissions or your guests'acts or omissions.
<br /> 8. Additional Catering Services. At your request,we will arrange for and coordinate the Additional Catering Services indicated in this
<br /> Agreement(such as equipment and linen rentals,floral arrangements,valet parking,entertainment and security)through qualified local
<br /> companies. Charges for such Additional Catering Services will either be included in our final Catering Charges or will be billed directly
<br /> to you by the third party service provider. We neither warrant nor guarantee the services of such third party vendors.
<br /> 9. Noise. You have been informed of the restrictions on unreasonable noise which apply to the Event Location, and you understand
<br /> that the violation of those restrictions may result in the early termination of the Event. Our Catering Charges will not be subject to
<br /> reduction in the event of early termination of the Event due to excessive noise. Microphones and speakers are not permitted at any of
<br /> our locations unless a full buyout of the space is secured or you receive our express written permission(which may be granted in our
<br /> sole discretion). All uses of microphones,speakers and other audio equipment in a shared event space must be at a reasonable
<br /> volume and is subject to the control of the on-site management staff.
<br /> 10. Outside Vendors. Any outside vendor(e.g.florists, entertainment, production company,etc.)that will provide services at the
<br /> event must provide a certificate of insurance to us that adds the Event Location and the owner or lessor thereof as an additional
<br /> insured.
<br /> 11. Substitutions. We are proud to provide the freshest and finest foods available,and therefore we reserve the right to make
<br /> substitutions based on seasonal availability, health advisories and changes in sources.
<br /> 12. Food and Beverage. Except as otherwise expressly noted in this Agreement,we will be the sole provider of all food and
<br /> beverages at the Event. If we allow you to provide food or alcoholic beverages, corkage or similar opening or serving charges will
<br /> apply. Regardless of who provides the alcoholic beverages,we reserve the right to refuse to serve alcoholic beverages to guests who
<br /> appear to be intoxicated.We shall only dispense alcoholic beverages that we have allowed you to provide, including, but not limited to,
<br /> donated alcoholic beverages,to the extent permitted by and in accordance with applicable laws. It is expressly understood that we shall
<br /> not be responsible for any liabilities,claims,damages, costs or expenses(including,without limitation, product liability claims)arising in
<br /> connection with the delivery,condition,or substance of any food and beverages that you provide,Including, but not limited to,donated
<br /> food and beverages.You shall indemnify,defend and hold us harmless against all losses,damages,claims and liabilities in connection
<br /> therewith.
<br /> 13. Remedies, In addition to any remedies that may be provided under law,we reserve the right to terminate this Agreement with
<br /> immediate effect if you fail to pay any amount when due or otherwise fail to comply with any of these Terms and Conditions.
<br /> 14. Unlawful Activities.You agree,and agree to cause your guests to comply with all federal,state, and local laws,ordinances, rules
<br /> and regulations applicable to the Event,and you agree to refrain from doing anything at the Event Location in violation of any such
<br /> laws,ordinances, rules and regulations. If any unlawful activities occur at the Event Location and the Event is cancelled,you will still be
<br /> required to pay our Catering Charges in full.
<br /> 15. Hold Harmless. We assume no responsibility for any damage or loss of any equipment,gifts, clothing, alcoholic beverages or
<br /> other items you or your guests bring to the Event Location. You agree to be solely responsible for your actions and conduct, and the
<br /> actions and conduct of your guests and any third parties who you hire to provide other services. Furthermore,we are not responsible
<br /> for any liabilities, claims, damages,costs or expenses(including without limitation, product liability claims)arising in connection with any
<br /> food or beverage items provided by you. You agree to indemnify,defend and hold us,our parent companies, subsidiary companies
<br /> and their affiliates harmless from and against any and all damages, liabilities, losses,costs and expenses(including reasonable
<br /> attorney's fees and costs and the cost of defense and settlement)relating to any personal injury or damage to property resulting from
<br /> any food or beverage items you provide,or from your negligent or willful acts or omissions,or the negligent or willful acts or omissions
<br /> of your guests and third party service providers.
<br /> 16. Limited Liability. Our liability(and the liability of our parent,subsidiary and affiliated companies)is limited to direct damages that
<br /> you incur solely as a result of the negligence or willful misconduct of our employees which provide the Catering Services for the Event,
<br /> IN NO EVENT WILL WE(OR ANY OF OUR PARENT, SUBSIDIARY OR AFFILIATED COMPANIES)BE LIABLE TO YOU OR TO ANY
<br /> THIRD PARTY FOR ANY LOSS OF REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
<br /> EXEMPLARY,SPECIAL OR PUNITIVE DAMAGES,WHETHER ARISING OUT OF BREACH OF CONTRACT,TORT(INCLUDING
<br /> NEGLIGENCE)OR OTHERWISE,AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER
<br /> Event Name:12-10 City of Santa Ana Installation Reception Event Date: 12/10/2024(Page 5 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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