These Additional Terms and Conditions and the Hilton Worldwide – The Blackstone Group Quick Confirmation Agreement, each hereby made a part hereof (collectively, the “Agreement”) is entered into by and between the Hotel and the Group as such terms are defined in the Hilton Worldwide – The Blackstone Group Quick Confirmation Agreement. All capitalized terms as used herein that are not specifically defined shall have the meaning ascribed to them in the Hilton Worldwide – The Blackstone Group Quick Confirmation Only Agreement. For the entire term of your use and occupancy of the Hotel premises during your Event, the parties shall comply with all of the requirements set forth herein.
1. BANQUET FUNCTIONS:
For your organized food and beverage functions, the following will apply:
Set Up Charges: Should extensive meeting room set-ups or elaborate staging be required, there will be a set-up charge to cover Hotel costs and additional labor. If equipment is necessary that exceeds Hotel’s inventory, then you agree to pay for the cost of renting this additional equipment.
Additional Spend: You agree to pay the Hotel for any food, beverages and other services not expressly set out in the Express Agreement and any appendix but made available on your request during the Event. On or before the arrival date, you will confirm to us in writing the names of those persons who you have authorized to sanction additional spend at the Event over and above the contracted amounts. All our records for additional spend (meeting room rental, audio/visual equipment, flipcharts, F&B functions and other incidentals) will be presented to one of your authorized signatories to be checked and signed on a daily basis.
Outside Food and Beverage: Due to applicable law, you may not bring alcoholic beverages into the Hotel for your Event. You must obtain our prior approval before you bring any food or non-alcoholic beverages from outside sources into our Hotel. Service fees will apply to any outside food or beverage served in our function space, regardless whether Hotel labor is required.
Displays and Decorations; Your Property: You may, at your option, purchase insurance to cover your personal property, including decorations, special objects and other property. To the fullest extent permitted by law, we are not responsible for any loss or damage to property belonging to you or your attendees and do not maintain insurance covering it. All displays and/or decorations will be subject to our prior written approval and we reserve the right to contract and charge you for Hotel staff to provide the labor for any installations or removals of such. Hotel can advise you of such potential charges upon request.
Outside Contractors: Should you elect to utilize outside contractors on Hotel premises during your Event, you must notify us at least 10 days in advance of your Event. We may require that your outside contractors sign a hold harmless, indemnification and insurance agreement in the form currently in use at the Hotel for similar outside contractors, and provide proof of insurance in amounts acceptable to us (amounts and types of insurance to be determined in our sole discretion based on the type of services the outside contractor will be providing) before the outside contractor will be allowed to provide services on our Hotel premises. In some instances, Hotel may be required, pursuant to obligations imposed on Hotel by labor unions or collective bargaining agreements, to utilize Hotel labor to provide certain services, and you agree to pay the fees and/or charges associated with these services.
Conduct of Event: To the fullest extent permitted by law, you assume full responsibility for any damage done to our premises during your Event, but only to the extent such damage is caused by you, your employees, guests, agents, and contractors and any damage done resulting from the installation, placement, and removal of your displays, equipment, exhibits, or other items. For purposes of clarity, Group shall not be responsible for damage to guest sleeping rooms or public spaces of the Hotel not occupied by Group; in those instances, Hotel shall seek payment for damage from the responsible guest(s). You also agree that your Event will not create any unreasonable disturbance to other guests or meetings, such as excessive noise, smoke or fog machines, dry ice, confetti cannons, candles, incense, or any activity that generates offensive smells. Hotel reserves the right to end your Event immediately if you do not comply with Hotel’s request to reduce or eliminate any such disturbance, in which case you will remain responsible for payment of all charges related to your Event and no refunds will be issued by Hotel.
Fire Safety: For the safety of persons and property, no fireworks or incendiary devices may be used indoors at the Hotel. All room sets must be in compliance with the local Fire Department regulations, including those pertaining to occupancy load, mandatory aisles, ceiling clearance and fire exits. Any Event that has vehicle displays, fog machines, fueled cooking demonstrations, lasers, exhibits (including tabletop) or extensive productions with staging and props, must have a certified permit from the local Fire Marshall. All associated fees for permits, floor plan approval and stand-by fire watch are your responsibility and final approved copies of all such permits must be provided to us at least three (3) days prior to your Event. Should you require any rigging services for this Event, all such services must be arranged through the in-house audio-visual provider or the Hotel and you will be responsible for all costs associated therewith.
Security: If required, in Hotel’s reasonable judgment, in order to maintain adequate security measures in light of the size and/or nature of your Event, you will provide, at your expense, security personnel supplied by a licensed guard or security agency, which agency will be subject to Hotel’s prior approval. Such security personnel may not carry weapons. Your security agency will be required to provide proof of insurance and sign a hold harmless agreement before they will be allowed to provide services on Hotel premises.
2. ADDITIONAL CHARGES:
In addition to the customary charges associated with your Event (for example, sleeping room rates, meeting room rental, banquet charges, audio-visual, etc.), the Hotel may offer other services for which there may be fees either to the Group or the individual attendee (as applicable) and which could include, but are not limited to, the following: Package Handling, Business Center, Sign Making, Banner Hanging, Telephone Rental, Private Locks, Electrical Power, Labor for Audio-Visual & Electrical Requirements, Athletic Club, Parking, Luggage Storage. Prior to your Event, please contact us so that we can disclose to you those potential additional services and related charges that are in effect at the time of your Event.
3. GUEST RESERVATION INFORMATION:
If you request that Hotel provide you and/or your representative(s) with access to guest reservation information pertaining to guests who have reserved rooms at the Hotel as part of the Room Block (each, an “Attendee”) established pursuant to this Agreement, then you certify that you have already obtained, or will obtain, consent from each of your Attendees for the Hotel or Hilton Worldwide, Inc. to provide to you and/or your representative(s) such Attendee’s reservation information, and you further agree to reimburse Hotel and Hilton Worldwide, Inc. for any costs, damages, fees or expenses of any kind arising from any claim(s) by an Attendee relating to the Hotel’s or Hilton Worldwide, Inc.’s disclosure of any Attendee’s reservation information.
4. AUDIT OF ATTENDEES:
We are pleased to offer G.R.I.P., Hilton’s proprietary Group Reservation Identification Program, which automates the process of cross referencing registration lists to identify rooms booked outside of the reserved Room Block. Your final report of consumed rooms will reflect all rooms associated with your Room Block, however credit toward performance damages, complimentary rooms, etc. for rooms booked outside of the reserved Room Block is subject to Hotel’s discretion (based on factors including but not limited to the following: variables in rates, occupancy and channel of reservation). If you request a comparison through G.R.I.P., you will need to electronically provide the first and last names of attendees registered for your Event to the Hotel. Group agrees that Group takes full responsibility for (a) determining whether it is necessary to disclose to Group’s attendees that information is being provided to Hotel by Group or vice versa which may be considered private or confidential, and for making such disclosure, if it is required, and (b) obtaining any necessary permissions from attendees allowing for such exchange of information. After comparing your list to the Hotel’s guest registry, Hotel will advise you of the number of room nights occupied by your attendees reserved outside the official room block and the revenue generated by those room nights, which in Hotel’s discretion will be added to your revenue achieved for purposes of determining your obligations under the Performance clause. If at any time you request Hotel to provide you the names of the guests who reserved rooms outside of the official room block, you agree to sign an addendum relating to use of G.R.I.P. for your Event and to fully indemnify, defend and hold harmless Hotel, Hilton Worldwide, Inc., and Hotel’s Owner from and against any and all claims, settlements, judgments, fees or costs, including attorney’s fees and expert witness fees and costs, incurred as a result of any claim by any person or entity arising out of the release of information about a guest or guests to you, as part of this comparison process. Your Event manager will discuss how Hotel can assist you in managing your attendees’ booking behavior so that attendees will reserve rooms within the Room Block.
5. DISCLOSURE OF THIRD PARTY PAYMENTS:
If we agree to pay a commission, rebate, subsidy, housing fee and/or Event Planner Bonus (collectively, a “Third Party Payment”) in connection with your Event, then you (and your Meeting Planner if the Meeting Planner is signing the Agreement on your behalf) agree to take full responsibility for determining whether further disclosure of the Third Party Payment is required and for making such disclosure if it is required, and you (and your Meeting Planner if the Meeting Planner is signing the Agreement on your behalf) further agree to reimburse us for any fees, costs, liabilities or expenses that we incur should any person claim that disclosure was insufficient.
6. EVENT PLANNER BONUS ACKNOWLEDGEMENT FORM:
If we agree to pay an Event Planner Bonus in connection with your Event, then before the Event Planner Bonus can be issued, an acknowledgment form signed by an authorized representative of the Event Planner’s employer must be submitted to us, with such form merely confirming that the employer is aware of the courtesy being provided to the Event Planner, and that the issuance of the courtesy does not violate the employer’s policies as of the date of issuance of the Event Planner Bonus. We can provide an acknowledgement form acceptable to us.
7. FREQUENT USE POINTS AND BONUSES:
All HHonors bonus points and related benefits related to an event planner bonus program (if any) earned by Group’s employees or, agents, in connection with the Event , including frequent planner points or frequent flyer miles, will be paid or credited directly to Group or Group’s account. For the avoidance of doubt, there shall be no restriction on Group’s guests earning HHonors points related to their guest stay at the Hotel during the Event if the guests directly pay for their room and tax charges.
The parties agree that on occasions due to unanticipated circumstances, the Hotel may not have rooms available for all guests who wish to check in on a particular night. While Hotel will use reasonable efforts to avoid such situation impacting Group, in the event any member of your Group room block with a confirmed reservation cannot be accommodated by the Hotel, then Hotel will use reasonable efforts notify Group prior to relocating any Event attendee if possible, so that Group may choose which guest(s) should be relocated. If any Event attendee is sent to another hotel accommodation, Hotel shall provide: (a) payment for accommodations at another property of equal or better quality as close to the Event as possible; (b) complimentary transportation to and from the Event and the alternate temporary accommodation; (c) one (1) complimentary long distance telephone call to the attendee; (d) upgraded accommodations (if available) at the Event hotel upon return to the facility; and (e) an amenity and note will be sent from the Event hotel general manager placed in the guest room upon his/her return to the Event hotel. If a room becomes available at the Hotel for the displaced guest and the guest elects not to return to the Hotel, then Hotel will have no further obligations under this clause.
9. FORCE MAJEURE:
Either party may cancel the Event without liability if circumstances beyond its control (including but not limited to: fire, flood, riots, civil disturbance, act of terrorism, governmental authority natural disaster, severe weather conditions, mechanical malfunction, or other conditions) make it impossible, illegal or commercially impracticable for the affected party to perform its obligations related to the Event, provided that the affected party send written notice of cancellation to the other party within 10 days following any such occurrence, in which case Hotel will (i) reschedule the Event for another date mutually agreed upon by the parties, (ii) allow Group to apply all monies Group paid to Hotel to another Event, or (iii) refund all monies Group paid to Hotel without penalty, less Hotel’s expenses incurred in preparing for the Event.
To the fullest extent permitted by law, each party will indemnify, defend and hold harmless the other party and its affiliates, officers, partners, employees and agents, against all third party claims, losses, damages, liabilities and related expenses (including reasonable attorneys’ fees) (a “Claim”) arising from or connected with the Event (including the installation, removal, maintenance, occupancy or use of the premises, or part thereof, and failure to provide adequate security) but only to the extent caused by the negligence or willful misconduct (including any violation of applicable law) of the indemnifying party or its employees, contractors, or agents. The party found to be at fault or responsible for any Claim will be required to indemnify the other party as provided in this section. In the event of a settlement of any Claim, expenses will be allocated proportionately based upon the amount paid by each party. This section shall not waive any statutory limitations of liability available to either party, including innkeeper’s limitation of liability laws, nor shall it waive any defenses a party may have with respect to any claim.
You agree to maintain insurance reasonably commensurate with all activities arising from or connected with your Event, including, but not limited to, general liability insurance, with limits not less than $2,000,000 per occurrence, covering personal injury, property damage, and other liability arising from your Event. With respect to any claims or other liability for which you are responsible, your insurance will apply as primary to any insurance maintained by the Hotel Indemnified Parties. Hotel agrees to maintain general liability insurance with limits not less than $2,000,000 per occurrence, covering liability for personal injury, property damage, liquor liability, and automobile liability, as well as Workers Compensation insurance per applicable laws and Employers Liability insurance. Upon written request, each party shall make evidence of coverage available to the other party. For hotels that participate in Hilton Worldwide’s general liability insurance program, proof of such insurance coverage is satisfied by a Memorandum of Insurance available at: http://www.marsh.com/moi?client=0291. The Hotel can confirm whether they participate.
12. GOVERNING LAW:
The Agreement will be governed by and interpreted pursuant to the laws of the State of New York, excluding any laws regarding the choice or conflict of laws.
13. DISPUTE RESOLUTION:
Hotel and Group will use their commercially reasonable efforts to informally and timely resolve any dispute concerning any matter related to this agreement by presenting the dispute to senior representatives of Hotel and Group for their discussion and possible resolution in the order set forth herein: provided, however, a dispute relating to infringement of intellectual property rights shall not be subject to this provision. If within a period of thirty (30) calendar days after submission of a disputed matter in accordance with this clause, the respective senior representatives are unable to agree upon a resolution of such dispute, then either party may give notice to the other party of its intention to pursue litigation. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. Should either party then wish to pursue litigation, then each party hereto hereby irrevocably and unconditionally submits, for itself and its property, to the nonexclusive jurisdiction of the courts of the State of New York sitting in the Borough of Manhattan and of the United States District Court for the Southern District of New York, and any appellate court from any thereof, in any suit, action, proceeding, claim or counterclaim brought by or on behalf of any party related to or arising out of the Documentation and these Terms (each a “Proceeding”), and each party hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such Proceeding may be heard and determined in such court. With respect to any such Proceeding, each party hereto hereby irrevocably and unconditionally waives, to the fullest extent permitted by applicable law, (i) any objection which it may now or hereafter have to the laying of venue, (ii) the defense of an inconvenient forum and (iii) any right to trial by jury.
14. COLLECTION/ATTORNEY’S FEES:
The parties agree that if any dispute arises in any way relating to or arising out of this Agreement, the prevailing party in any arbitration or court proceeding will be entitled to recover an award of its attorney’s fees and costs, plus pre and post judgment interest.
15. DISPUTES INVOLVING CREDIT CARD PAYMENTS:
As a condition of Hotel agreeing to accept your credit card as an approved form of payment for all Master Account charges, you agree that any dispute that you may raise with respect to any Master Account charges must be addressed directly between you and us and to work in good faith to resolve any such disputed invoices in a timely manner. Any dispute that cannot be timely resolved to the mutual satisfaction of the parties shall be resolved in accordance with the dispute resolution provisions as contained in this Agreement.
16. DISCLAIMER OF LIABILITY:
To the fullest extent permitted by law, Group agrees that in no event will Hotel, Hotel’s Owner or Hilton Worldwide, Inc. be liable for (1) any services or products provided, or to be provided, to Group by any third party supplier or contractor (including, but not limited to, companies that provide meeting registration or management services, florists, decorators, musicians, etc.), or (2) any liability arising out of any agreement between Group and any such third party supplier or contractor that Group hires or retains to provide services to Group’s Event. For the avoidance of doubt, this disclaimer applies even if such third party supplier or contractor (1) was recommended by Hotel to Group, (2) was as a preferred supplier / vendor of the Hotel, and/or (3) pays Hotel commissions or provides Hotel with other incentives based on their services paid for by Group.
17. AUXILIARY AIDS:
The Hotel represents that it contains accessibility features for individuals with disabilities and, where needed, the Hotel will provide equivalent facilitation, auxiliary aids and services, and reasonable modifications to policies and procedures to ensure that our guests have equivalent access to the Hotel’s goods, services, and accommodations. You agree that one week in advance of your Event,you will furnish to us a list of any auxiliary aids needed by your attendees in meeting or function space. Except as required by applicable laws, you agree that you will be responsible for the procurement and payment of all charges for any and all auxiliary aids. We will, upon your request, furnish you with the names of businesses you can contact to obtain these aids. You also agree to be responsible for compliance with the Americans with Disabilities Act in the set up and conduct of meetings for your Event.
18. COMPLIANCE WITH LAWS:
Each party represents and warrants to the other party that as of the date of signing this Agreement, the party is currently not on the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) List of Specially Designated Nationals and Other Blocked Persons (including terrorists and narcotics traffickers) (the “OFAC List”). The OFAC List can be found by visiting http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. If prior to the Event date a party is added to the OFAC List or any similar restricted party listings, including those maintained by other governments pursuant to applicable United Nations, regional or national trade or financial sanctions, then that party must immediately notify the other party. A party may cancel this Agreement without any liability to either party if that party reasonably believes it is necessary to do so in order to comply with that party’s respective obligations under applicable laws, rules or regulations, including (but not limited to) if the other party is added to any restricted party listings as described in this section.
19. PROMOTIONAL CONSIDERATIONS:
Hotel will not, without Group’s prior written consent, (i) use in advertising, publicity or otherwise Group’s name, or the name of any affiliate, partner, employee or agent of Group, or any trade name, trademark, trade device, service mark, symbol or any abbreviation, contraction, or simulation thereof owned by Group or Group’s affiliates or (ii) represent, directly or indirectly, that Group has approved or endorsed the Hotel’s services. Hotel consents to Group using Hotel’s name in promoting the Event; provided, however, that the Hotel/ Hilton Worldwide, Inc. has the right to review and approve any advertisements or promotional materials in connection with Group’s Event that specifically reference the name of the Hotel or a name or logo owned by a subsidiary of Hilton Worldwide, Inc., including, but not limited to: Hilton, Hilton Hotels & Resorts, Conrad Hotels & Resorts, Waldorf Astoria Hotels & Resorts, Embassy Suites, DoubleTree by Hilton, Hilton Garden Inn, Hampton Inn, Hampton Inn & Suites, Home2 Suites by Hilton, Homewood Suites by Hilton, and Hilton Grand Vacations.
20. NON INTERFERENCE:
As of the date of the signing of the Agreement, Hotel has no plans for renovation or remodeling of any facilities which will be utilized by Group, pursuant to this Agreement, other than ordinary maintenance. If after this Agreement is signed, Hotel confirms any plans to remodel or renovate its facilities, Hotel agrees to inform Group in writing within a reasonable amount of time of the following: o 1. Planned scope of project; o 2. Schedule of commencement and completion; o 3. Anticipatedimpact project will have on areas to be utilized by Group; and o 4. Hotel’s plan for minimizing impact of project on Group Hotel’s plan to renovate or remodel will not constitute grounds for termination of this Agreement unless mutually agreed upon by both parties. The parties agree to negotiate in good faith to resolve any concerns raised as a result of renovations or remodeling and to enter into such amendments of this Agreement as may be necessary to reasonably accommodate both parties’ interests .
It is understood the nature of the program requires a quiet, professional setting for the achievement of its goals. If Group is disturbed by excessive noise, Group will notify Hotel immediately and Hotel will take prompt, reasonable action to cause such disturbance to cease.
The Hotel will maintain on-site emergency back-up generators sufficient to maintain normal day to day operations and the highest level of service.
23. LABOR DISPUTES:
Notwithstanding anything in the Agreement to the contrary, if within four (4) weeks prior to the commencement of, or at any time during, the Event, the Hotel is involved in a labor dispute, Group may cancel this commitment without liability by giving written notice of cancellation to the Hotel. For purposes of this section, “labor dispute” shall mean an authorized work stoppage by Hotel employees or activity by a labor organization directed towards the Hotel as the primary employer which causes a material disruption in services to be provided to Group.
24. CANCELLATION BY HOTEL:
In the event that the Hotel cancels this Agreement for reasons other than a breach by The Blackstone Group or as otherwise expressly provided for elsewhere in the Agreement, then Group will be entitled to recover from Hotel all reasonable and documented direct and consequential damages incurred by Group that would not have been incurred if Hotel had not cancelled the Agreement. Such costs may include, but are not limited to: additional cost of securing comparable meeting space, sleeping rooms and other accommodations and services; costs for printing materials or communicating with attendees; or overtime paid to staff. Hotel’s liability for any such damages will not exceed the total Event value payable by Group to Hotel under this Agreement. Group will be required to take reasonable steps to reduce any damages, including but not limited to using alternate locations for the cancelled Event identified as willing and able to host the Event on similar terms if possible.
**25. ASSUMPTION OF RISK
Group assumes only those risks and responsibilities expressly consented to under this Agreement.
26. RESPONSIBILITY FOR AGENTS, EMPLOYEES AND DESIGNEES:
Each party is responsible for compliance by their respective employees with the terms hereof.
Group agrees that it will not be necessary for it to provide confidential information to Hotel for Hotel to plan and execute the Event. In the event that a party may need to receive certain information or materials from the other party that are confidential (“Confidential Information”) including (1) personal information of employees (“Personal Information”) and (2) information related to the business of Group to which Hotel may have access in a closed meeting room reserved by Group provided that Group informs Hotel at least twenty-four hours prior to their Event that confidential information is being disseminated in that meeting room pursuant to the Closed Meeting Room Procedures described below, then each party agrees to keep the Confidential Information confidential and not use or disclose it to any third party; provided, however, that Hilton Worldwide, Inc. and its affiliates (“Hilton”)/Hotel may use or disclose the Personal Information (a) to deliver service to Hilton/Hotel’s customers; (b) in cases where a customer has enrolled in the Hilton HHonors program; (c) as agreed with each individual guest separately; and/or (d) to deliver marketing materials related to Hilton and its affiliates. The foregoing confidentiality obligations shall not apply to Confidential Information that (i) is in the public domain without breach of this Agreement; (ii) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information; (iii) was lawfully in the possession of the receiving party prior to its receipt from the other party; (iv) becomes known by the receiving party from a third party independently and not subject to an obligation of confidentiality; or (v) the disclosing party has a good faith belief it is required to disclose to comply with legal mandatory regulations, a judicial or official order or decree. Hilton/Hotel will not be responsible for (a) Confidential Information that is disclosed in any manner by Group’s attendees to third parties while on Hotel premises; or (b) written materials that are left by Group’s attendees at any place within or on Hotel premises, even if such materials are marked as being “Confidential”. In order for Hotel and Group to establish appropriate closed meeting room safeguards designed to maintain the privacy of a contracted meeting room reserved by Group during which Group intends to disseminate Group’s Confidential Information to its attendees, both Hotel and Group (or its designee) agree to meet at least 24 hours in advance of such closed meeting in order to discuss concerns and procedures to be implemented, taking into consideration the specific characteristics of the contracted meeting room (including, but not limited to, the location of the closed meeting room within the Hotel and the number of entrances to such room). If directed in writing by Group, Hotel shall not display Group’s name on any and all reader boards, public postings or signage. Instead, reader boards, public postings or signage shall refer to Group as follows: Business Meeting (or some other designation as identified by Group).
28. SEVERABILITY; NON-WAIVER:
Any provision in this Agreement that is held to be illegal or unenforceable in any jurisdiction shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions and any such illegal or unenforceable provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. Either party’s failure to enforce any term or condition of this Agreement does not waive that party’s right to enforce that or any other term or condition at any time.
29. SUCCESSORS AND ASSIGNS:
The commitments made by each party will be binding on their respective successors and assigns. Hotel will remain responsible for the performance of all services in support of the Group’s Event, whether performed by Hotel or Hotel’s contractors or subcontractors. Group agrees to assign Group’s obligations to any surviving entity of a merger with Group, or any entity that succeeds to all or substantially all of Group’s assets and business. Group may not otherwise assign this Agreement or any rights hereunder. Group may not transfer or resell Group’s rights under this Agreement to any unrelated third party (including any third party room reseller) for any purpose, including but not limited to, reselling cancelled or unused portions of the Room Block or reselling contracted meeting/function space.
Any amendments or changes to the arrangements described in this Agreement must be made in writing, signed by both you and us; provided, however, that this Agreement includes all signed or unsigned Event Orders (and the terms and conditions contained therein and attached thereto) issued by us for this and related functions/events and that your final guarantee of attendance may be made by phone. For purposes of this Agreement and any amendment or modification thereto, or for any other notice or communication between the parties, signatures sent or received by email with a scanned document with signature attached or by facsimile transmission will be considered as enforceable and valid as an original signature by the party signing. The effective date of communications between the parties will be determined as follows: (i) communications sent via U.S. Mail or private mail delivery service (i.e. Fed Ex) or email will be effective as of the date sent; and (ii) Communications sent via facsimile will be considered effective as of the date and time on the facsimile confirmation sheet retained by the sender. For the avoidance of doubt, emails, including emails that bear an electronic “signature block” identifying the sender, do not constitute signed writings for purposes of this Agreement. All notices to Group will be in writing and effective from the date sent by registered or certified mail, by hand, facsimile or overnight courier to: The Blackstone Group, 345 Park Avenue, New York, NY 10154, attention: David Landgraf Telephone number: 212 583 5186; fax 646 253 7586
Last Revised July 31, 2013