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Agreement for: Date(s)of Program:05121/25-05/21/25 Page 5 of 6 The Hotel represents, and you acknowledge that the Hotel facilities being rented for you including guest rooms, common areas and transportation services will be in compliance with our public accommodation requirements under the Americans with Disabilities Act. You agree that one week in advance you will furnish us with a list of any auxiliary aids needed by your attendees in meeting or function space. You agree to pay all charges associated with the provision of such aid. When your attendees make room reservations, please ask them to notify us of their auxiliary aid needs so that we may notify you as to the names of businesses with which you may contract to obtain that aid. PROMOTIONAL CONSIDERATIONS We have the right to review and approve any advertisements or promotional materials in connection with your function that specifically reference any name or logo of the Hilton family of hotel brands. FORCE MAJEURE No damages shall be due for a failure of performance occurring due to Acts of God,war, terrorist act, government regulation, riots, disaster, or strikes, any one of which make performance impossible. The Hotel shall have no liability for power disruptions of any kind. ARBITRATION The parties agree that any dispute in any way arising out of or relating to this contract, other than disputes involving patents, trademarks, trade dress, copyrights, trade secrets,false advertising, false representation, unfair competition and/or infringement of intellectual property rights, will be resolved by arbitration before JAMSIENDISPUTEO or the American Arbitration Association, pursuant to the organization's rules in the state and city in which the hotel is located and pursuant to that State's law as the governing law. The parties agree that any arbitration award will be enforceable in state or federal court. The prevailing party in any arbitration or court proceeding will be entitled to an award of its reasonable costs and attorney fees and pre and post judgment interest. CONCLUSION This contract and any attachments constitute the entire contract between the parties with respect to the subject matter hereof and shall supersede all previous proposals, both oral and written, negotiations, representations, commitments and other communications between parties. This contract may not be released, discharged, changed or modified except in writing and signed by duly authorized representatives of both parties. When signed by representatives of both parties, this Letter of Agreement will constitute a binding contract between CITY OF SANTA ANA and the Hotel. All arrangements are being held on a tentative basis. To confirm on a definite basis, please sign and return the original copy of this contract otherwise arrangements will be canceled. Upon receipt, I will countersign and send you a fully executed contract. The photocopy has been included r our reference while the executed contract is being processed. Our team looks forward to serving yo By For: CITY OF SANTA ANA• ' Dated: Oy 012 agr VZ441t- d-/Maro Nunez, Cit Ma ager By For: Hotel Zessa A Double Tree by Dated: Hilton f' LeLani Duckwitz, Catering Sales Manager ATTEST: Jennifer a Cit r APPROVED AS TO FORM: City Attorney