The following terms and conditions are incorporated into and form a part of the Agreement between Kentucky State University ("University"), on behalf of its Athletics Department ("Department") and _____ ("Hotel") for the stay scheduled for _____ ("Event").
Financial Obligations and Limitations on Authority. Hotel acknowledges that the University representative signing the Agreement and this Addendum only is authorized to obligate the University for payment of guest rooms, conference rooms, catering/food, equipment, auxiliary services and applicable cancellation and attrition charges. Hotel also acknowledges that the University representative is not authorized to waive, revise or expand upon the terms and conditions of this Addendum.
Tax Exempt. The University, an agency of the State of Kentucky is exempt from State of Kentucky Sales Tax and Federal Excise Tax.
Invoicing and Payment of Direct Bill Account. Hotel shall review invoicing for Direct Bill Account to insure no State of Kentucky Sales Tax, Federal Excise Tax or other tax, from which University is exempt, is charged. The outstanding balance of University Department's Direct Bill Account, excluding disputed charges, will be overdue on the 31st day after the later of: a) the completion of the Event or b) receipt of invoice by Department. Upon resolution of any disputed charges, the Hotel shall invoice such remaining charges to the Department. Payment of the revised charges shall be overdue on the 31st day after receipt of invoice by Department.
Cancellation. The Hotel may suffer Damages attributable to lost revenue from canceled services should the Department cancel this Agreement. The Department agrees that the Hotel may assess Damages against the Department as Damages and not as a Penalty, provided such Damages shall be reasonable and shall not exceed actual Damages.
In the event of Cancellation by Department without cause, the Hotel shall be required to make good faith efforts to mitigate its Damages by attempting to resell any canceled accommodations. The Hotel shall submit, within thirty (30) days after the Event date, an invoice of above Damages. The Department reserves the right to audit the Hotel records to determine the amount of actual liability resulting from the canceled Agreement. Notice of Cancellation must be received by the Hotel in writing.
In the event the Hotel may be undergoing any substantial construction or renovation during the meeting dates that would materially affect the event, the Hotel shall promptly notify Department and Department shall have the right to cancel this Agreement without liability if, in Department's reasonable judgment, such construction or renovation may tend to unreasonably affect the use of the facilities or the quality of service to be provided under this Agreement.
Attrition. In the event Department agrees to pay Attrition Charges, such charges shall be calculated as stated in the Agreement, shall be reasonable and shall not exceed actual Damages.
The Hotel shall be required to make good faith efforts to mitigate its Damages by attempting to resell any accommodations subject to attrition charges, thereby reducing Hotel's Damages. On any Event day overall hotel occupancy is equal to or greater than 80%, the Department will receive