DOC1125908481.pdf

Procure-to-Pay

3835 Holdrege Street | Lincoln, NE 68583-0742 | 402.472.2126 nebraska.edu/p2p

University of Nebraska Contract Summary

CONTRACTOR/COMPANY INFORMATION

Supplier Lied Lodge Contact Brenda McIntosh

REQUESTING DEPARTMENT

Participating Campuses

UNMC

Administrative Unit/Dept.

Primary Contact Name

Mariza Hoffman

Primary Contact Email

MARIZA.HOFFMAN@UNMC.EDU

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Hotel accommodations and meeting space package including meals for the UNMC iLead Program:

September 16, 2025 - September 19, 2025 and April 15, 2026 - April 17, 2026

Purchase Category

Total Amount of Spend

$48,348.00 Start Date 9/16/2025 End Date 4/17/2026 12:00

AM

BID INFORMATION

Bid Number

Competitive Review Findings

Under $50k

Contract Information

INTERNAL USE ONLY

CW 13126

mailto:MARIZA.HOFFMAN@UNMC.EDU

{00052178.DOCX; 10} Page 1 of 6

Title: Legal and Policy Compliance Addendum Revised: 230512

University of Nebraska Legal and Policy Compliance Addendum

This University of Nebraska Legal and Policy Compliance Addendum (the “Addendum”) to the Meeting and

Lodging Agreement dated concurrently with this Addendum (the “Agreement”) is made and entered as of the date of the last signature set forth below between the Board of Regents of the University of Nebraska a public body corporate and governing body of the University of Nebraska (“University”), which is composed of a chief governing administrative unit (University of Nebraska System), four universities (University of

Nebraska at Kearney, University of Nebraska-Lincoln, University of Nebraska Medical Center, and

University of Nebraska at Omaha), and such other institutions and units as may be designated by the

Nebraska Legislature, and Lied Lodge an Arbor Day Foundation Property (“Supplier”).

RECITALS

A. University desires to enter the Agreement with Supplier.

B. The Agreement is in the form provided by Supplier, which the parties are using for their mutual convenience.

C. The Agreement is, with the exceptions noted in this Addendum, acceptable to University.

D. Certain provisions in the Agreement cannot be accepted or are required in the Agreement by

University as a matter of law and policy of the State of Nebraska and University.

E. Supplier is willing to modify the Agreement as set forth in this Addendum.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual covenants set forth in the Agreement and herein and the above recitals, which are incorporated herein by this reference, the parties agree as follows:

1. Incorporation and Priority of Terms. The Agreement is amended as stated herein and this

Addendum is incorporated into the Agreement by this reference. In the event of a conflict between the terms of this Addendum and the Agreement, the terms of this Addendum shall prevail.

2. Assignment. The Agreement is non-assignable and non-transferrable unless agreed to in writing by the parties. Any attempt by either party to assign its rights or obligations hereunder without the written agreement of the other party shall be void.

3. Governing Law and Forum. The Agreement shall be governed by the laws of the State of

Nebraska without giving effect to its conflicts of law provisions. Any legal actions brought by either party hereunder shall be in the state courts located in Lancaster County, Nebraska. It is understood and agreed that any legal action by Supplier in relation to the Agreement may only be instituted in accordance with the provisions of the Nebraska State Contract Claims Act (Neb. Rev. Stat. §§ 81-8,302 to 81-8,306).

4. Liability. To the fullest extent allowed by law, Supplier shall defend, indemnify, and hold harmless

University, its regents, officers, employees, agents, and students for any loss, claim, damage, expense, or liability of any kind arising out of or in connection with the performance or nonperformance by Supplier and its officers, employees, agents, and subcontractors.

5. Work Status Verification. Supplier and its subcontractors shall use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska pursuant to Neb. Rev. Stat. §§ 4-108 to 4-114.

6. Debarment List. Supplier certifies and warrants that it has not been debarred, suspended, or declared ineligible as defined in the Federal Acquisition Regulation 48 CFR Ch.1 Subpart 9.4. Supplier also certifies that Supplier, its partners, directors, officers, employees, licensees, subcontractors, or agents have

{00052178.DOCX; 10} Page 2 of 6 not been excluded or debarred or otherwise become ineligible to participate in Federal health care programs pursuant to 42 USC § 1320a-7. This shall be an ongoing certification and warranty during the term of the

Agreement and Supplier shall immediately notify University of any change in the status of the certification and warranty set forth in this section. If Supplier becomes excluded from Federal health care program participation or placed on the Consolidated List of Debarred, Suspended, and Ineligible Contractors, the

Agreement may be terminated immediately, for cause, by University. If any partners, directors, officers, employees, licensees, subcontractors, personnel, or agents of Supplier become excluded from Federal health care program participation, such individual shall be removed from participating in the Agreement immediately. Failure by Supplier to remove such excluded individual immediately shall provide University the right to terminate the Agreement immediately for cause.

7. Taxpayer Transparency Act. Under Neb. Rev. Stat. §§ 84-602.01 to 84-602.04, University is required to provide the Nebraska Department of Administrative Services with a copy of each contract that is a basis for an expenditure of state funds, including any amendments and documents incorporated by reference in the contract. Copies of all such contracts and documents will be published by the Nebraska

Department of Administrative Services at https://statecontracts.nebraska.gov/. It shall be the sole responsibility of Supplier (a) to notify University of any requested redactions to such contracts and documents and (b) to indicate the legal basis for such requested redactions at the time of execution. In addition, Supplier agrees to defend any challenge to such redactions at its own expense. Supplier’s failure to request redactions to any contracts and documents released by University shall constitute a complete waiver of any and all claims for damages caused by any such release.

8. Public Records. Under Neb. Rev. Stat. §§ 84-712 to 84-712.09, information or records of or belonging to University regarding, related to, or part of the Agreement will be open to public inspection and copying unless exempted from disclosure in accordance with the University’s interpretation and application of applicable law. It shall be the sole responsibility of Supplier (a) to notify University of requested redactions to any such information or records that may otherwise be required to be open to public inspection and copying and (b) to indicate the legal basis for such requested redactions. In addition, Supplier agrees to defend any challenge to such requested redactions at its own expense. Supplier’s failure to request redactions to any information or records released by University shall constitute a complete waiver of any and all claims for damages caused by any such release.

9. Equal Opportunity (intentionally bolded). If the Agreement is for $10,000 or more and involves federal funds, then Supplier shall comply with 41 CFR §§ 60-1.4(a), 60-300.5(a), and 60-741.5(a), incorporated by reference with the following statement: “This contractor and subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, national origin or for inquiring about, discussing, or disclosing compensation. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status.”

10. Affirmative Action Program. If Supplier has fifty (50) or more employees and the Agreement involves $50,000 or more in federal funds, then the Supplier shall develop or maintain an affirmative action program as described in 41 CFR 60‐2 or 41 CFR 60‐741, subpart C , as applicable. If Supplier has fifty (50) or more employees and the Agreement involves $150,000 or more in federal funds, then the Supplier shall develop or maintain an affirmative action program as described in 41 CFR 60‐300, subpart C.

11. Nondiscrimination. Supplier agrees that neither it nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of the Agreement, https://statecontracts.nebraska.gov/

{00052178.DOCX; 10} Page 3 of 6 with respect to hire, tenure, terms, conditions, or privilege of employment because of the race, color, religion, sex, disability, or national origin of the employee or applicant in accordance with the Nebraska Fair

Employment Practice Act (Neb. Rev. Stat. §§ 48-1101 to 48-1125).

12. Logos or University Marks. Supplier shall not use or display any University campus name, logo, trademark, service mark (individually a “Mark” and collectively the “Marks”) and/or other indicia designated by University as a source identifier, unless expressly authorized in writing by University. Any unauthorized use of University Marks is expressly prohibited. Supplier agrees it will not use University’s name in any manner that acts as an endorsement or is an appearance of any endorsement in any promotion, advertisement, solicitation, or other communication, especially as it relates to Supplier’s business.

13. Right to Audit Privilege. University reserves the right to audit or inspect work performed by

Supplier under the Agreement. University may participate directly or through an appointed representative in order to verify that the services related to the Agreement have been performed in accordance with the procedures indicated.

14. Purchase Order Requirement. A purchase order shall be issued by University to Supplier for payment in accordance with the terms of the Agreement. All invoice(s) submitted by Supplier shall make reference to the appropriate purchase order number to be eligible for payment.

15. Conflict of Interest. Supplier certifies, to the best of its knowledge and belief, that there are no potential organizational conflicts of interest related to the Agreement. If Supplier cannot so certify, it shall provide to University a disclosure statement that describes all relevant information concerning any potential conflict of interest under the Agreement. In the event the potential conflict of interest cannot be resolved, University may declare the Agreement void and of no further force or effect and University shall have no further obligations under the Agreement.

16. Compliance. Supplier and its employees and agents will comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority, as well as applicable

University policies.

17. Insurance. Supplier shall at its own expense obtain and maintain throughout the term of the

Agreement general commercial liability insurance against claims for bodily injury, death, and property damage with limits of not less than one million dollars ($1,000,000) per occurrence, and three million dollars

($3,000,000) general aggregate to cover such liability caused by, or arising out of, activities of Supplier and its agents and/or employees while engaged in or preparing for the provision of the goods or services provided under the Agreement. If the goods or services include providing technology services, software, or support, Supplier shall obtain and maintain cyber liability insurance coverage of not less than ten million dollars ($10,000,000) per occurrence and in the aggregate to cover such liability resulting or arising from acts, errors, or omissions in rendering such technology services, software, or support. Upon request by

University, Supplier shall furnish to University certificates of insurance evidencing such insurance is effective prior to commencement of work under the Agreement. By requiring such minimum insurance, University shall not be deemed or construed to have assessed the risk or limited the liability that may be applicable to Supplier under the Agreement. Supplier shall assess its own risks and, if it deems appropriate, maintain higher limits or broader coverages. Supplier further agrees, upon request, to include University as an additional insured on its general liability insurance policy on a primary and non-contributory basis.

Supplier is not relieved of any liability or other obligations assumed or pursuant to the Agreement by reason of its failure to obtain or maintain insurance in sufficient amounts, duration, or types.

18. Notice. Any notice required or permitted to be given under the Agreement shall be in writing, sent via certified mail or hand delivery, effective when received, and delivered to the addresses provided on the signature page of the Agreement.

{00052178.DOCX; 10} Page 4 of 6

19. Unavailability of Funding. Due to possible future reductions in State and/or Federal funds, University cannot guarantee the continued availability of funding of the Agreement notwithstanding the consideration contained within the Agreement. In the event funds to finance the Agreement become unavailable, either in full or in part, due to such reductions, University may terminate the Agreement or reduce the consideration upon notice in writing to Supplier. Said notice shall be delivered by certified mail

(return receipt requested) or in person (with proof of delivery). University shall be the final authority as to the availability of funds. The effective date of such termination or reduction in consideration shall be the actual effective date of the elimination or reduction of funding. In the event of a reduction in consideration, Supplier may cancel the Agreement as of the effective date of the proposed reduction upon the provision of advance written notice to University. Supplier shall be entitled to receive just and equitable compensation for any satisfactory work performed up to the date of the notice of termination. In the event of unavailability of funding, University shall not be liable for any penalty, expense, or liability, or for general, special, incidental, consequential, or other damages resulting therefrom.

20. Unenforceability of Certain Terms. Notwithstanding any provision of the Agreement to the contrary, any of the following terms within the Agreement shall have no effect and shall not be enforceable:

a. Any term automatically continuing the Agreement period from term to term;

b. Any term requiring or stating that the terms of the Agreement shall prevail over the terms of this

Addendum in the event of conflict;

c. Any term requiring University (or any University employee acting in the course and scope of employment) to indemnify or to hold harmless Supplier or any third party for any act or omission;

d. Any term requiring University to add Supplier or any third party as an additional insured;

e. Any term imposing interest charges contrary to those allowed by Neb. Rev. St. § 81-2404;

f. Any term requiring the application of the law of any state other than the State of Nebraska in interpreting or enforcing the Agreement or requiring or permitting that any dispute under the Agreement be resolved in the courts of any state other than the State of Nebraska;

g. Any term limiting or adding to the time period within which claims can be made or actions can be brought;

h. Any term waiving the sovereign immunity of the State of Nebraska;

i. Any term limiting Supplier’s or any third party’s liability for damages to University (or any University employee acting in the course and scope of employment) for any cause whatsoever related to: (i) intellectual property indemnity required by the Agreement; (ii) liquidated damages assessed under the

Agreement; (iii) claims for personal injury, including death; (iv) claims for damage to real property or tangible or intangible property arising from Supplier’s acts or omissions under the Agreement; (v) any loss or claim to the extent the loss or claim is covered by a policy of insurance maintained, or required by this Addendum or the Agreement to be maintained, by Supplier; (vi) damages arising from the gross negligence or willful misconduct of Supplier, its employees, its subcontractors, or its agents; and (vii) damages arising from

Supplier’s breach of data security or confidentiality obligations under the Agreement;

j. Any term permitting unilateral modification of the Agreement by Supplier or any third party;

k. Any term obligating University to pay attorneys’ fees;

l. Any term requiring the confidentiality of records in contravention of the Nebraska public records statutes, Neb. Rev. Stat. §§ 84-712 through 84-712.09;

{00052178.DOCX; 10} Page 5 of 6

m. Any term binding University (or any University employee acting in the course and scope of employment) to any method of resolution of disputes under the Agreement not instituted in accordance with the provisions of Neb. Rev. Stat. §§ 81-8,302 to 81-8,306;

n. Any term requiring any University employee acting in the course and scope of employment to guarantee performance or any obligation under the Agreement;

o. Any term requiring the University to endorse or perform any act that may be perceived as an endorsement of a commercial good or service, the Vendor, or any third party;

p. Any term requiring the University to waive its rights to a jury trial or to participate in a class action;

or

q. Any term granting Supplier or any third party a security interest in property of University.

[Signature page to follow]

{00052178.DOCX; 10} Page 6 of 6

IN WITNESS WHEREOF, the parties have entered into this Addendum as of the date set forth below.

Board of Regents of the University of Nebraska

Signature:

Printed Name:

Date:

Title:

Supplier

Signature:

Printed Name:

Date:

Title:

Notices to the University shall be sent to:

Notices to Supplier shall be sent to:

With copy to:

Legal Notices C/O P2P Procurement Contracts 1700 Y Street, BSC 125 Lincoln, NE 68588-0645

With copy to (optional):

05/24/24 | 07:53 PDT

Sales Manager

Brenda McIntosh

05/24/24 | 13:27 CDT

Anne C Barnes

Vice Chancellor, Business & Finance

3rd Revised Letter of Agreement Between Lied Lodge and UNMC Faculty Development

Organization: UNMC Faculty Development Group Name: UNMC iLEAD Program Address: 985511 Nebraska Medical Center Omaha, NE 68198

Contact: Giovanni Consolino Phone: 402-559-9199 Email: gconsolino@unmc.edu

Sales Contact: Brenda McIntosh Phone: 402-873-8758 Fax: 402-873-8796 E-Mail: bmcintosh@arbordayfarm.org

Contract Date: April 16, 2024 Group Arrival: September 16, 2025 Group Departure: September 22, 2025

UNMC Faculty Development (“Group”) and Lied Lodge an Arbor Day Foundation Property (“Hotel”) agree as follows:

These arrangements will be a definite commitment upon signing of this agreement by both parties along with your advance deposit (if applicable) to Lied Lodge.

If this Agreement is not fully executed by May 7, 2024, the room block and any meeting space may be automatically released.

OVERNIGHT ACCOMMODATIONS

Total Rooms

DAY DATE

Tuesday 09-16-25 4 Wednesday 09-17-25 50

Thursday 09-18-25 50

Reservation Booking Method: Rooming List Reservations Must Be Booked By: August 15, 2025 Room check-in time is 4:00 p.m. and check-out time is 11:00 a.m. Rooms occupied beyond check-out time are subject to the day rate until 2:00 p.m., after which the full rate will apply.

CUT-OFF DATE:

Guestrooms within your block will be held until August 15, 2025, after which any unreserved rooms will be released and made available for general sale. Reservation requests received after the cut-off date may be honored based on room and rate availability.

Rates available after the cut-off date may be at the hotel’s prevailing rate. The attrition policy as stated in the additional terms and conditions will still apply.

INDIVIDUAL RESERVATION CANCELLATION:

Any guaranteed reservations not canceled 72 hours prior to arrival will be charged a cancellation fee.

RESERVATION PROCEDURE:

Rooming List: The rooming list may be sent to the Event Manager or Reservation Manager prior to the cut-off. If you are not able to provide a rooming list before the cutoff date but would like Lied Lodge to continue holding your block of rooms, a payment guarantee will be required for all rooms for the entire length of stay. Please indicate which guests will be sharing a guest room (if applicable). A blank rooming list is enclosed for your convenience. Any guaranteed reservations not canceled 72 hours prior to arrival will be charged a cancellation fee.

NO-SHOW:

Any reservation that is not cancelled on the day of arrival are charged one night no-show fee and the remainder of the stay will not be reinstated unless requested by the meeting planner or guest.

EVENT SCHEDULE

Date Time Event Setup Style Attendees Tuesday 09-16-25

06:00 PM-07:30 PM Dinner Restaurant 5 06:00 PM-07:00 PM Client's Set-Up As Is 1

Wednesday 09-17-25

08:30 AM-05:00 PM Break Service As Is 50 09:00 AM-07:30 PM Meeting Business Rounds of 4 50 12:30 PM-01:30 PM Private Lunch Rounds of 6 50 05:30 PM-06:30 PM Private Dinner As Is 50

Thursday 09-18-25

07:00 AM-09:00 AM Breakfast Coupons Restaurant 50 08:30 AM-12:00 PM Break Service As Is 50 08:30 AM-12:00 PM Meeting Business Rounds of 4 50 12:30 PM-05:00 PM Break Service As Is 50 12:30 PM-01:30 PM Private Lunch As Is 50 01:30 PM-07:30 PM Meeting As Is 50 05:30 PM-06:30 PM Private Dinner As Is 50

Friday 09-19-25

07:00 AM-09:00 AM Breakfast Coupons Restaurant 60 08:30 AM-04:00 PM Break Service As Is 60 08:30 AM-04:00 PM Meeting Business Rounds of 4 60 12:00 PM-01:00 PM Private Lunch As Is 60

PRICING:

GUEST ROOMS: Tuesday – Thursday $159.00 per room per night

GUEST ROOMS: Friday – Saturday $209.00 per room plus applicable tax per night

DAY MEETING PACKAGE

$81.00 per person Plus 25% service charge includes:

Wednesday, September 17, lunch, partial day meeting room with standard audio-visual equipment (Standard audio-visual equipment includes LCD, screen, one microphone, flip chart, and wireless internet), continuous break service and conference services.

A la carte dinner based on menu selection plus 25% service charge.

DAY MEEING PACKAGE

$91.00 per person Plus 25% service charge includes:

Thursday, September 18: lunch, day meeting room with standard audio-visual equipment (Standard audio-visual equipment includes LCD, screen, one microphone, flip chart, and wireless internet), continuous break service and conference services.

A la carte dinner based on menu selection plus 25% service charge.

DAY MEETING PACKAGE

$48.00 per person Plus 25% service charge includes:

Friday, September 19, partial day meeting room with standard audio-visual equipment (Standard audio-visual equipment includes LCD, screen, one microphone, flip chart, and wireless internet), continuous break service and conference services.

DAY MEEING PACKAGE

$91.00 per person Plus 25% service charge includes:

Friday, September 19: lunch, meeting room with standard audio-visual equipment (Standard audio-visual equipment includes LCD, screen, one microphone, flip chart, and wireless internet), continuous break service and conference services.

A la carte dinner based on menu selection.

DEPOSIT:

$10,000.00 to be paid August 1, 2024

Tax Exempt Organization

Attrition: 75%

METHOD OF PAYMENT:

Organization is responsible for guest rooms for Wednesday and Thursday, Day Meeting Packages, A La Carte Dinners; to be direct billed.

Individuals are responsible for guest rooms for Friday and Saturday based on availability and incidentals.

FOOD AND BEVERAGE TAX AND SERVICE CHARGE:

All food and beverage prices are subject to a mandatory 25% service fee and a 7% state tax (subject to change without notice).

ALCOHOL SERVICE:

Due to licensing requirements and quality control issues, all food, beverage and alcohol to be served on Hotel property must be supplied and prepared by Hotel.

ATTRITION AND CANCELLATION:

GUEST ROOM ATTRITION

Hotel is relying on, and Group agrees to provide, the number of guest room nights as set forth in the Guest Room Accommodation chart at the Group’s average room rate (“Minimum Per Night Guest Room Pick Up”). If Group holds its meeting as agreed, Hotel will waive its right to seek damages for Group’s failure to achieve the Minimum Per Night Guest Room Pick Up if Group achieves at least 75% of the Minimum Per Night Guest Room Pick up each night. Should Group fall below this amount, Group will pay as a reasonable estimate of the Hotel’s losses an amount equal to the difference between the number of room nights picked up per night and 75% of the Minimum Per Night Guest Room Pick Up for the applicable night times the Group’s average rate (the “Attrition Damages”).

All applicable taxes on the Attrition Damages will be paid by Group.

GUEST ROOM ATTRITION RESALE CREDIT:

Any Attrition Damages due pursuant to the GUEST ROOM ATTRITION clause will be reduced by the guest room revenue received from unused Group guest rooms that are resold by Hotel. Because it is impossible to accurately determine what guest rooms are resold and at what rate, the parties agree that “resold” rooms will be calculated as follows: The resale revenue credited to Attrition Damages will be equal to Hotel’s average daily rate for each day that guest rooms are resold. Unused Group rooms will be the last guest rooms resold, thus guest rooms will be considered resold to the extent that Hotel is able to sell more guest rooms than it could have sold if Group had fully occupied its reserved block. For example, if Group does not use thirty (30) rooms in its block but only ten (10) rooms remain unsold in Hotel, the Attrition Damages owed will be reduced by the average daily rate times twenty (20).

Group agrees that estimated Attrition Fees will be paid at least fourteen (14) days in advance of arrival, even if Direct Billing has been approved. Group will receive a credit for any applicable resold room revenue.

FOOD, BEVERAGE AND PACKAGE MINIMUM:

Hotel is relying on, and Group agrees to provide, a minimum of 75% of the revenue in planned food, beverage, and misc. elements of the Package. Package minimum is exclusive of tax and service charge. Should Group fall below this amount, Group will be responsible for the difference between the amount of revenue achieved and 75% of the

Minimum Package revenue. Any portion of the package may be charged as meeting room rental. For purpose of calculation of minimum revenue and amounts achieved, taxes, service fee and gratuities paid are not included.

Group shall pay all applicable taxes on amounts due under this clause.

CANCELLATION:

This program will be considered definite upon the signing and dating of this Agreement. Lied Lodge will protect your guest room block and function space to the exclusion of all other business opportunities. Any cancellations must be received in writing by the Sales Department during business hours. The cancellation of the scheduled dates will be subject to the following assessment.

Hotel estimates that the Minimum Revenue it will receive from this event (exclusive of tax, and service charge) if it is held as agreed pursuant to this Agreement is as follows:

Contracted Guest Room Revenue: $16,536.00 Contracted Package Revenue $12,885.00 Total: $29,421.00

CANCELLATION SCHEDULE

365+ days to arrival date 0% 0 364 - 270+ or more to arrival date 15% of Contracted guestroom, event rental, food & beverage charges $ 4,413.00 121 – 269 Days to arrival date 30% of Contracted guestroom, event rental, food & beverage charges $ 8,826.00 180 – 120 Days to arrival date 40% of Contracted guestroom, event rental, food & beverage charges $11,768.00 119 – 61 Days to arrival date 50% of Contracted guestroom, event rental, food & beverage charges $14,710.00 60 – 31 Days to arrival date 75% of Contracted guestroom, event rental, food & beverage charges $22,065.00 30 days or less to arrival date 100% of Contracted guestroom, event rental, food & beverage charges $29,421.00

GROUP DEPOSIT AND BILLING ARRANGEMENT:

A deposit of $10,000.00 is due by August 1, 2024, to confirm your contract.

ACCOUNT PAYMENT ARRANGEMENTS:

In order for us to evaluate your request for Direct Billing, please complete the Method of Payment Form and return it with your signed copy of this Agreement. We are not able to consider your program definite unless the Direct Bill Application is received with your contract and approved by our Credit Department. Our credit terms are Net (14) due upon receipt of invoice. Billing is considered past due at (30) days with interest charged at 2% per month on any outstanding balance. In addition, please complete the enclosed Credit Card Agreement for guarantee purposes only.

CANCELLATION OF VENDOR CONTRACTS:

Any service or equipment rented at the request of the Group by the Hotel will be subject to cancellation fees as stated in the vendor contract should Group decide to cancel the service or cancel the event.

FORCE MAJEURE:

The performance of this agreement by either party is subject to force majeure, including but not limited to acts of God, war, acts of terrorism, government regulation, legislation, or statement of policy which limits, prohibit or suggest curtailment of transportation facilities; recognized health threats as determined by the World Health Organization (WHO), the Centers for Disease Control (CDC), or local government authority or health agencies (including health threats of COVID-19); or other conditions beyond the control of the parties, where any of the foregoing makes it illegal, impossible, inadvisable or commercially impracticable to hold this event or to fully perform the terms of this agreement. This agreement may be terminated for any one or more of such reasons by written notice from one party to the other without any liability, except to pay for services already received; provided, however, the parties shall make commercially reasonable efforts to reschedule the event to a mutually acceptable time, and in such event, Lied Lodge has the right to retain any deposits previously made and apply the same to the rescheduled event.

PROPERTY DAMAGE RESPONSIBILITY:

Group is responsible for any damage caused by Group’s attendees, vendors, contractors or agents to Hotel or Hotel property, including guest rooms or suites used for any hospitality or food service events by Group, and will fully indemnify Hotel for all costs incurred in repair or replacement of property damaged.

COMPLIANCE WITH LAWS AND HOTEL RULES AND POLICIES:

Both parties agree to comply with all applicable federal, state, and local laws and Lied Lodge rules and policies governing the Contract and event, including any rules, regulations, or requests of the U.S. Department of Homeland Security.

INDEMNIFICATION:

To the extent permitted by law, you agree to protect, indemnify, defend and hold harmless Lied Lodge and its respective officers, directors, owners, parents, subsidiaries, affiliates, employees, and agents against all claims, losses or damages to persons or property, governmental charges or fines, and costs (including reasonable attorney’s fees), arising out of or connected with your function, except that nothing in this indemnification shall require you to indemnify the Lied Lodge for that portion of any claim that is finally determined to arise out of the negligence or willful misconduct of the Lied Lodge.

Subject to the foregoing, Lied Lodge will defend, indemnify and hold harmless Group from and against all claims, actions or causes of action, liabilities and costs arising from the negligence or willful misconduct of Lied Lodge’s employees in connection with the performance of the obligations hereunder which results in direct physical injury, death, or damage to tangible personal property, provided that Group gives prompt notice of the claim to Lied Lodge, and provides all reasonable assistance therein.

PERSONAL PROPERTY:

Arbor Day Farm agrees to allow the Group to bring personal property to the premises and acknowledges the Event Organizer’s request that the described personal property be used to provide services for the Event. The Group acknowledges that it will be responsible for removing this property from the premises.

Hold Harmless Provision:

The Group acknowledges and agrees that Arbor Day Farm shall not be held responsible for any loss, theft, damage, or destruction of personal property brought onto the premises by the Event Organizer or any third party associated with the Group.

Assumption of Risk:

The Group acknowledges and accepts that any personal property brought onto the premises is done so at their own risk. Arbor Day Farm assumes no liability for the loss, theft, damage, or destruction of personal property and shall not be held responsible for any resulting claims, actions, demands, costs, or expenses arising from such events. By signing this Agreement, the Group expressly waives and releases any and all claims against the Arbor Day Farm, its agents, employees, and representatives, for any loss, theft, damage, or destruction of personal property brought onto the premises.

Insurance:

The Group is solely responsible for obtaining appropriate insurance coverage to protect their personal property and any liabilities associated with it while on the premises. Arbor Day Farm recommends and may require proof that the Group secures sufficient insurance coverage for their personal property and any potential risks to Arbor Day Farm and all associated property.

Severability:

If any provision of this Provision is deemed invalid, illegal, or unenforceable, the remaining provisions shall not be affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

ADDITIONAL TERMS AND CONDITIONS:

BANQUET GUARANTEES:

Banquet menus, conference room arrangements and other details pertaining to your function must be submitted to your Conference Planning Manager at least (30) days prior to your function date. A final guaranteed count on food functions is due no later than (72) business hours prior to the arrival of your group. This guarantee represents the minimum guest count for billing purposes and may not be reduced. All groups will be charged based on the greater of the guaranteed number or actual number of people attending. Without a guarantee, the number indicated on this original Contract will be considered the correct and guaranteed number of guests. PLEASE NOTE: All food and beverage must be purchased through Lied Lodge and food not consumed at Lied Lodge may not be removed from the area.

BEVERAGE SERVICE:

Lied Lodge offers a complete selection of beverages to complement your function. Please note that alcoholic beverage sales and service are regulated by the State of Nebraska and Lied Lodge, as a licensee, must follow these regulations. Therefore, ALL liquor, wine or beer served on Lied Lodge (including Arbor Day Farm and Steinhart Lodge) premises must be provided by Lied Lodge and dispensed by our staff.

ACCOUNT PAYMENT ARRANGEMENTS:

In order for us to evaluate your request for Direct Billing, please complete the Method of Payment Form and return it with your signed copy of this Booking Confirmation. We are not able to consider your program definite unless the Direct Bill Application is received with your contract and approved by our Credit Department. Our credit terms are Net (14) due upon receipt of invoice.

Billing is considered past due at (30) days with interest charged at 2% per month on any outstanding balance. In addition, please complete the enclosed Credit Card Agreement for guarantee purposes only.

PRICES:

Meal prices are subject to change up to (90) days prior to your function date. All food, beverage, audio visual equipment, room rental prices quoted are subject to applicable service charge and sales tax. In Nebraska, the service charge is taxable. Sales and lodging taxes are applied to guest rooms. Service charge and taxes are subject to change without notice.

CONFERENCE ROOMS:

Conference rooms are assigned based on the guaranteed maximum number of people anticipated. Room rental fees may be applicable. We reserve the right to change groups to a room suitable for attendance if an increase or decrease in guaranteed numbers is experienced. Specific conference rooms may be requested but cannot be guaranteed.

RESET FEES:

Room set-up changes made less than 72 hours before the function may result in an additional set-up charge. If more than one meeting room set configuration is utilized within a 72-hour period, additional meeting room fees may apply.

PACKAGE STORAGE AND HANDLING:

Packages may be delivered up to 3 days prior to the event and must be shipped or picked up no later than 3 days after the event.

First 4 boxes complimentary up to 40 lbs.

Packages weighing more than 40 lbs., or more than 4 packages will be charged at the following rates:

$25.00 per package each way $150.00 per pallet each way

Package storage and handling fees do not include the carrier costs for shipping. The master account will be charged for any boxes requested to be mailed back to the sender.

TENTATIVE HOLD

The dates, space, and rates outlined in this Agreement/agreement are being tentatively held for UNMC iLEAD Program until May 7, 2024. After this date, if another organization requests these dates and space, and is in a position to confirm immediately before our receipt of your signed Agreement/agreement, we will contact you for a definite decision. You will have 24 hours from the time of our call to approve or release these dates or space. If you cannot confirm within 24 hours, then all dates and space will be held on a second option basis and alternate first option dates and space will be discussed with you.

This agreement constitutes the entire agreement between the parties. This agreement may not be modified except by written agreement executed by both parties. The foregoing requirements are accurate to the best of our knowledge. Please sign and return a copy of this Confirmation, the Direct Bill Application, and the completed Credit Card Authorization form. If we have not received a signed agreement, Lied Lodge has the right to re-evaluate all terms and conditions of this Booking Confirmation.

SIGNED CONTRACT, METHOD OF PAYMENT FORM, & TAX-EXEMPT FORM DUE BY: May 7, 2024

IF YOU ARE IN AGREEMENT WITH THE ABOVE ARRANGEMENTS, PLEASE SIGN THE CONTRACT AND RETURN IT TO LIED LODGE BY May 7, 2024. WHEN RECEIVED, YOUR RESERVATION WILL BE HELD ON A DEFINITE BASIS.

Authorized Representative and Company Name (please print name)

Signature of Authorized Representative

Date

Signature of Hotel Representative

05/24/24 | 13:27 CDT

DEPOSIT INVOICE

Booking Code: 2509UNMCIL

Group Name: UNMC iLEAD Program Address: 985511 Nebraska Medical Center Omaha, NE 68198

Contact: Giovanni Consolino Phone: 402-559-9199 Email: gconsolino@unmc.edu

Sales Contact: Brenda McIntosh Phone: 402-873-8758 Fax: 402-873-8796 E-Mail: bmcintosh@arbordayfarm.org

Contract Date: April 16, 2024 Group Arrival: September 16, 2025 Group Departure: September 22, 2025

A deposit of $10,000.00 is due no later than August 1, 2024.

Payment can be made by check, credit card or ACH.

Contracted Guest Room Revenue: $18,126.00 Contracted Package Revenue $12,885.00 Total: $31,011.00

3rd Revised Letter of Agreement Between Lied Lodge and UNMC Faculty Development

Group Name: UNMC iLead Program - Closing Session Address: 985511 Nebraska Medical Center Omaha, NE 68198

Contact: Giovanni Consolino Phone: 402.559.9199 Email: gconsolino@unmc.edu

Sales Contact: Brenda McIntosh Phone: 402-873-8758 Fax: 402-873-8796 E-Mail: bmcintosh@arbordayfarm.org

Contract Date: April 16, 2024 Group Arrival: April 15, 2026 Group Departure: April 19, 2026

UNMC Faculty Development (“Group”) and Lied Lodge an Arbor Day Foundation Property (“Hotel”) agree as follows:

These arrangements will be a definite commitment upon signing of this agreement by both parties along with your advance deposit (if applicable) to Lied Lodge.

If this Agreement is not fully executed by May 7, 2024, the room block and any meeting space may be automatically released.

OVERNIGHT ACCOMMODATIONS

Total Rooms

DAY DATE

Wednesday 04-15-26 3 Thursday 04-16-26 50

Reservation Booking Method: Rooming List Reservations Must Be Booked By: March 16, 2026 Room check-in time is 4:00 p.m. and check-out time is 11:00 a.m. Rooms occupied beyond check-out time are subject to the day rate until 2:00 p.m., after which the full rate will apply.

CUT-OFF DATE:

Guestrooms within your block will be held until March 16, 2026, after which any unreserved rooms will be released and made available for general sale. Reservation requests received after the cut-off date may be honored based on room and rate availability.

Rates available after the cut-off date may be at the hotel’s prevailing rate. The attrition policy as stated in the additional terms and conditions will still apply.

INDIVIDUAL RESERVATION CANCELLATION:

Any guaranteed reservations not canceled 72 hours prior to arrival will be charged a cancellation fee.

RESERVATION PROCEDURE:

Rooming List: The rooming list may be sent to the Event Manager or Reservation Manager prior to the cut-off. If you are not able to provide a rooming list before the cutoff date but would like Lied Lodge to continue holding your block of rooms, a payment guarantee will be required for all rooms for the entire length of stay. Please indicate which guests will be sharing a guest room (if applicable). A blank rooming list is enclosed for your convenience. Any guaranteed reservations not canceled 72 hours prior to arrival will be charged a cancellation fee.

mailto:bmcintosh@arbordayfarm.org

NO-SHOW:

Any reservation that is not cancelled on the day of arrival are charged one night no-show fee and the remainder of the stay will not be reinstated unless requested by the meeting planner or guest.

EVENT SCHEDULE

Date Time Event Setup Style Attendees Thursday 04-16-26

07:30 AM-09:00 AM Client's Set-Up As Is 50 08:00 AM-05:00 PM Registration Registration Table 50 09:00 AM-05:00 PM Break Service Break Bar 50 09:00 AM-06:00 PM Meeting Business Rounds of 5 50 12:00 PM-01:00 PM Lunch Rounds of 6 50 05:15 PM-06:30 PM Dinner As Is 50

Friday 04-17-26

07:00 AM-09:00 AM Breakfast Coupons As Is 60 08:00 AM-05:00 PM Break Service Break Bar 60 08:00 AM-05:00 PM Meeting Business Rounds of 5 60 12:00 PM-01:00 PM Lunch Rounds of 6 60

PRICING:

GUEST ROOM

$159.00 per person

DAY MEETING PACKAGE

$105.00 per person Plus 25% service charge includes:

Thursday, April 16 lunch, meeting room with standard audio-visual equipment, continuous break service and conference services.

A la Carte dinner based on menu selection.

DAY MEETING

$105.00 per person Plus 25% service charge includes:

Friday, April 17, lunch, meeting room with standard audio-visual equipment, continuous break service and conference services.

DEPOSIT:

$2500 - Due August 1, 2024

Tax Exempt Organization

Attrition: 75%

Organization is responsible for guest rooms, day meeting packages and a la carte dinner; to be direct billed.

Individuals are responsible for incidentals.

FOOD AND BEVERAGE TAX AND SERVICE CHARGE:

All food and beverage prices are subject to a mandatory 25% service fee and a 7% state tax (subject to change without notice).

ALCOHOL SERVICE:

Due to licensing requirements and quality control issues, all food, beverage and alcohol to be served on Hotel property must be supplied and prepared by Hotel.

ATTRITION AND CANCELLATION:

GUEST ROOM ATTRITION:

Hotel is relying on, and Group agrees to provide, the number of guest room nights as set forth in the Guest Room Accommodation chart at the Group’s average room rate (“Minimum Per Night Guest Room Pick Up”). If Group holds its meeting as agreed, Hotel will waive its right to seek damages for Group’s failure to achieve the Minimum Per Night Guest Room Pick Up if Group achieves at least 75% of the Minimum Per Night Guest Room Pick up each night. Should Group fall below this amount, Group will pay as a reasonable estimate of the Hotel’s losses an amount equal to the difference between the number of room nights picked up per night and 75% of the Minimum Per Night Guest Room Pick Up for the applicable night times the Group’s average rate (the “Attrition Damages”).

All applicable taxes on the Attrition Damages will be paid by Group.

GUEST ROOM ATTRITION RESALE CREDIT:

Any Attrition Damages due pursuant to the GUEST ROOM ATTRITION clause will be reduced by the guest room revenue received from unused Group guest rooms that are resold by Hotel. Because it is impossible to accurately determine what guest rooms are resold and at what rate, the parties agree that “resold” rooms will be calculated as follows: The resale revenue credited to Attrition Damages will be equal to Hotel’s average daily rate for each day that guest rooms are resold. Unused Group rooms will be the last guest rooms resold, thus guest rooms will be considered resold to the extent that Hotel is able to sell more guest rooms than it could have sold if Group had fully occupied its reserved block. For example, if Group does not use thirty (30) rooms in its block but only ten (10) rooms remain unsold in Hotel, the Attrition Damages owed will be reduced by the average daily rate times twenty (20).

Group agrees that estimated Attrition Fees will be paid at least fourteen (14) days in advance of arrival, even if Direct Billing has been approved. Group will receive a credit for any applicable resold room revenue.

FOOD, BEVERAGE AND PACKAGE MINIMUM:

Hotel is relying on, and Group agrees to provide, a minimum of 75% of the revenue in planned food, beverage, and misc. elements of the Package. Package minimum is exclusive of tax and service charge. Should Group fall below this amount, Group will be responsible for the difference between the amount of revenue achieved and 75% of the Minimum Package revenue. Any portion of the package may be charged as meeting room rental. For purpose of calculation of minimum revenue and amounts achieved, taxes, service fee and gratuities paid are not included.

Group shall pay all applicable taxes on amounts due under this clause.

CANCELLATION159

This program will be considered definite upon the signing and dating of this Agreement. Lied Lodge will protect your guest room block and function space to the exclusion of all other business opportunities. Any cancellations must be received in writing by the Sales Department during business hours. The cancellation of the scheduled dates will be subject to the following assessment.

Hotel estimates that the Minimum Revenue it will receive from this event (exclusive of tax, and service charge) if it is held as agreed pursuant to this Agreement is as follows:

Contracted Guest Room Revenue: $ 8,427.00 Contracted Package Revenue $10,500.00 Total: $18,927.00

Cancellation Schedule 181+ or more to arrival date

0% of Contracted guestroom, event rental, food &beverage charges

180 – 120 Days to arrival date 25% of Contracted guestroom, event rental, food & beverage charges $ 4,732.00 119 – 61 Days to arrival date 50% of Contracted guestroom, event rental, food & beverage charges $ 9,464.00 60 – 31 Days to arrival date 70% of Contracted guestroom, event rental, food & beverage charges $13,249.00 30 days or less to arrival date 100% of Contracted guestroom, event rental, food & beverage charges $18,927.00

GROUP DEPOSIT AND BILLING ARRANGEMENT

A deposit of $2,500.00 is due by August 1, 2024, to confirm your contract.

ACCOUNT PAYMENT ARRANGEMENTS:

In order for us to evaluate your request for Direct Billing, please complete the Method of Payment Form and return it with your signed copy of this Agreement. We are not able to consider your program definite unless the Direct Bill Application is received with your contract and approved by our Credit Department. Our credit terms are Net (14) due upon receipt of invoice. Billing is considered past due at (30) days with interest charged at 2% per month on any outstanding balance. In addition, please complete the enclosed Credit Card Agreement for guarantee purposes only.

CANCELLATION OF VENDOR CONTRACTS:

Any service or equipment rented at the request of the Group by the Hotel will be subject to cancellation fees as stated in the vendor contract should Group decide to cancel the service or cancel the event.

FORCE MAJEURE:

The performance of this agreement by either party is subject to force majeure, including but not limited to acts of God, war, acts of terrorism, government regulation, legislation, or statement of policy which limits, prohibit or suggest curtailment of transportation facilities; recognized health threats as determined by the World Health Organization (WHO), the Centers for Disease Control (CDC), or local government authority or health agencies (including health threats of COVID-19); or other conditions beyond the control of the parties, where any of the foregoing makes it illegal, impossible, inadvisable or commercially impracticable to hold this event or to fully perform the terms of this agreement.