DOC1963570849.pdf
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- CN NE|CW40325
- Contract number
- CW40325
- Issued by
- Nebraska
About this file
This is a Group Sales Event Agreement and Legal and Policy Compliance Addendum for hotel accommodations between the Board of Regents for the University of Nebraska Lincoln (on behalf of the Math Department) and JDHQ Hotels LLC, d/b/a Embassy Suites by Hilton Lincoln. The agreement is governed by Nebraska state law and includes standard contract terms and conditions required by the University of Nebraska System. Key contacts include Tammy Carlson (Finance Coordinator) for the University and Dana Rains (Sales Manager) for the hotel, with Lacey Rohe (Associate Vice Chancellor & Controller) authorizing the agreement on behalf of the University.
The contract covers a block of guest rooms for the UNL Math Department Graduate Recruitment event scheduled for Thursday, March 12, 2026 through Saturday, March 14, 2026, at the hotel located at 1040 P Street, Lincoln, Nebraska. The agreed minimum room night revenue is $2,780.00, covering 20 room nights across two nights (10 rooms on March 12 and 10 rooms on March 13) at rates of $139.00 per night for single and double occupancy suites, $154.00 for triple occupancy, and $169.00 for quad occupancy. Room charges, applicable taxes (currently 16.74%), and parking fees ($13.50 for overnight self-parking) will be charged to the University's master account. The University receives a 20% attrition allowance; cancellation fees escalate from 50% of total amount if cancelled more than 181 days prior to arrival, to 90% if cancelled within 90 days. All guest rooms are tax-exempt under University of Nebraska's tax-exempt status, provided an exemption certificate is furnished at least 30 days prior to arrival. The agreement requires the University to maintain general liability insurance with minimum limits of $2,000,000 per occurrence and was executed on January 9, 2026 (Contract ID: CW 40325).
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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 EMBASSY SUITES LINCOLN JDHQ
HOTELS LLC
Contact Dana Rains
Sourcing Agent Melody Stark Email
REQUESTING DEPARTMENT
Participating Campuses
UNL
Administrative Unit/Dept.
Department Contact Tammy Carlson
CONTRACT DESCRIPTION/INFORMATION
Contract Summary (brief description and/ or event name)
Block of rooms for Math Department Grad Recruitment. Tax exempt.
Contract Document Document Amt Total Amt Start Date End Date Notes
CW 40325 $2,780.00 03/12/2026 03/14/2026
COMPETITION/BID INFORMATION
Bid Number
Competition Under $25k
Contract Information
INTERNAL USE ONLY
Contract ID CW 40325
Title: Legal and Policy Compliance Addendum
Revised: 160425
University of Nebraska Legal and Policy Compliance Addendum
This University of Nebraska Legal and Policy Compliance Addendum (the “Addendum”) to the Conference room and lodging agreement dated concurrently with this Addendum (the “Agreement”) is effective 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 EMBASSY SUITES LINCOLN **ACH**JDHQ HOTELS LLC“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. Any legal action by Supplier in relation to the Agreement shall 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 acts or omissions of Supplier and its officers, employees, agents, and subcontractors under the Agreement.
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. Taxes and Fees. University is generally exempt from payment of state sales and use taxes and local occupation taxes within the State of Nebraska. University will furnish exemption certificates upon written request by Supplier. If Supplier is required to pay any taxes from which University is exempt as a result of doing business with University, Supplier shall be solely responsible for the payment of those taxes.
Revised: 160425
If a tariff is imposed on any Deliverables provided under this Agreement, each party shall pay an equal share of the costs of such tariff.
7. 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 not been excluded or debarred or otherwise become ineligible to participate in federal health care programs pursuant to 42 USC § 1320a-7. The certification and warranty set forth in this section 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.
8. 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 the Agreement, any amendment to the Agreement, and any document incorporated by reference into the Agreement and (b) to indicate the legal basis for such requested redactions at the time of execution thereof. In addition, Supplier shall defend any challenge to such redactions at its own expense. Supplier’s failure to request redactions to any contracts or documents released by University under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.
9. 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 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 shall 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 under this section shall constitute a complete waiver of any and all claims for damages caused by any such release.
10. Federal Funding Compliance. If the Agreement involves federal funds, (a) Supplier’s compliance in all respects with all applicable federal anti-discrimination laws is material to Supplier’s performance under the Agreement; (b) Supplier certifies that it does not operate any programs promoting diversity, equity, and inclusion that violate such laws; and (c) Supplier’s failure to comply with such laws shall be considered a material breach of the Agreement.
If the Agreement is for $15,000 or more and involves federal funds, then Supplier shall comply with 41 CFR
§§ 60-300.5(a) and 60-741.5(a), which are incorporated herein by this reference. These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and require action to employ and advance in employment individuals without regard to disability or veteran status.
If Supplier has fifty (50) or more employees and the Agreement involves payment of $50,000 or more in federal funds to Supplier, then Supplier shall develop or maintain a program as described in 41 CFR 60‐ 741, subpart C. If Supplier has fifty (50) or more employees and the Agreement involves payment of https://statecontracts.nebraska.gov/
Revised: 160425
$150,000 or more in federal funds to Supplier, then Supplier shall develop or maintain a program as described in 41 CFR 60‐300, subpart C. To the extend any of the provisions of Appendix II to 2 CFR Part
200 apply to the Agreement, such provisions are incorporated herein by this reference and apply to Supplier as a “contractor,” “recipient,” or “subrecipient.”
11. Nondiscrimination. Neither Supplier nor any of its subcontractors shall discriminate against any employee, or applicant for employment to be employed in the performance of the Agreement, 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 shall 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 (a) there is no unresolved actual or potential conflict of interest related to the Agreement and (b), if Supplier is a University employee, immediate family member of a University employee, or business associated with a University employee and the Agreement is valued at $2,000 or more, Supplier has, prior to execution of the
Agreement, provided written notification to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, of Supplier’s status as, relation to, or association with a
University employee and of the Agreement. If an actual or potential conflict of interest related to the
Agreement arises during the Term, Supplier shall provide to the vice president for business and finance or relevant vice chancellor for business and finance, as applicable, a written disclosure statement that describes all relevant information concerning the actual or potential conflict of interest. If the actual or potential conflict of interest cannot be resolved or University determines Supplier’s certification set forth in this section is false, 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 $1,000,000.00 per occurrence, and $3,000,000.00 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 $10,000,000.00 per occurrence and in the aggregate to cover such liability resulting or arising from acts, errors, or omissions in rendering such
Revised: 160425 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 shall, upon request, 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 this Addendum.
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 effective date of the 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. No Personal Liability. In no event shall any regent, official, officer, employee, agent, or student of
University be personally liable or responsible for any representation, statement, covenant, warranty, or obligation contained in, or made in connection with, the Agreement, express or implied.
21. Foreign Adversary Certification. The terms in this section defined in Neb. Rev. Stat. § 73-903 shall have the meaning defined therein. If the Agreement is for a technology-related product or service and no exception set forth in Neb. Rev. Stat. § 73-906(2) applies, Supplier certifies that it is not a scrutinized company, it will not subcontract with any scrutinized company for any aspect of performance of the
Agreement, and any products or services provided under the Agreement do not originate with a scrutinized company. The certification set forth in this section shall be an ongoing certification during the term of the
Agreement and Supplier shall immediately notify University of any change in the status of the certification set forth in this section.
22. Unenforceability of Certain Terms. For the purposes of this section, “University” expressly includes any University employee acting in the course and scope of employment. 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 making the Agreement period perpetual, providing for unlimited renewals of the
Agreement, or 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 to indemnify or to hold harmless Supplier or any third party for any act or omission;
Revised: 160425
d. Any term imposing interest charges contrary to those allowed by Neb. Rev. Stat. § 81-2404;
e. 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 courts other than the courts of the State of Nebraska;
f. Any term limiting the time period within which claims can be made or actions can be brought;
g. Any term waiving the sovereign immunity of the State of Nebraska;
h. Any term limiting Supplier’s or any third party’s liability for damages to University 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;
i. Any term permitting unilateral modification of the Agreement by Supplier or any third party;
j. Any term obligating University to pay attorneys’ fees;
k. Any term requiring the confidentiality of records in contravention of the Nebraska public records statutes, Neb. Rev. Stat. §§ 84-712 to 84-712.09;
l. Any term binding University 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;
m. Any term requiring University to endorse or perform any act that may be perceived as an endorsement of a commercial good or service, Supplier, or any third party;
n. Any term requiring University to waive its rights to a jury trial or to participate in a class action; or
o. Any term granting Supplier or any third party a security interest in property of University.
[Signature page to follow]
Revised: 160425
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 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):
4890-8857-9324, v. 15
Sales Manager
Dana Rains dana.rains@atriumhospitality.com
01/09/26 | 10:15 CST
Dana Rains
Lacey Rohe
01/09/26 | 13:15 CST
Lacey Rohe laceyrohe@nebraska.edu
Associate Vice Chancellor & Controller
GROUP SALES AGREEMENT
(Guest Rooms Only)
This Group Sales Event Agreement (“Agreement”) is by and between The Board of Regents for the University of Nebraska Lincoln on behalf of the Math Department (“Group” or “you” or “your(s)”) and JDHQ Hotels LLC, d/b/a Embassy Suites by Hilton Lincoln (the “Hotel” or “we” or “us” or “our”). Group and Hotel are each a “Party” and, collectively, the “Parties”).
GUEST ROOM BLOCK AND RATES: Once this Agreement is accepted, we will remove from our inventory and consider sold to you for your use guest room nights (i.e., sleeping rooms) pursuant to the following arrival and departure schedule (the “Total Contracted Rooms” or “Room Block”).
Rates for your Event are confirmed as shown in the schedule.
GUEST ROOMS and RATES
UNL Math - Graduate Recruitment Thu 03/12/2026 Fri 03/13/2026
Occupa ncy
Rooms Rate Rooms Rate
2 Queen Beds Suite
Single 10 $139.00 10 $139.00
Double $139.00 $139.00
Triple $154.00 $154.00
Quad $169.00 $169.00
All guest rooms are run-of-the-house unless otherwise set forth above. Guestroom types (kings, double/doubles, etc.) cannot be guaranteed and will be reserved on a first-come, first-served basis.
Room rates quoted above are non-commissionable, net rates, subject to tax, which is currently 16.74% but will be the tax rate in effect at the time of the stay. You confirm that you have dealt directly with us, and have not used any person or service entitled to a commission.
PARKING
There will be a charge of $13.50 for guests’ overnight self-parking; and an hourly charge for your attendees who are not staying at the Hotel complimentary for the first hour, $1.50 each hour thereafter and a maximum charge of $13.50 per day. Valet parking is available for $25.00 per day. (or current rate at the time of event)
Group shall be solely and fully responsible for informing its attendees of these fees and that they are separate and distinct from the room rate and from taxes. Group may not, in any printed materials regarding the Event or in any other manner, lump these fees into any category such as tax or room rate.
ROOM RESERVATION PROCEDURES
In order to assign specific room types to your attendees, each guest room in your Room Block must be confirmed no later than Thursday, February 19, 2026 (“Reservation Due Date”). The Hotel has no obligation to provide room nights beyond those contained in the Room Block.
Rooming List In order to assign individuals to specific rooms, room reservations will be required. A rooming list is required in order to facilitate your attendees’ accommodations, and it must be provided to the Hotel by Reservation Due Date. This list should include guest name, home or business address, email address (if any), requested type of room, requested bed type (i.e. king, double/double, queen, twin or suites) check-in and check-out dates, preference for smoking or non-smoking room, and VIP status. Any requests for special room arrangements should be indicated on the rooming list. The Hotel does not confirm reservations to the individual in writing.
Especially Prepared for: Event & Hotel Information:
Client Contact Name: Tammy Carlson Name of “Event”:
UNL Math - Graduate Recruitment
Title: Finance Coordinator Date(s) of Event:
Thursday, March 12, 2026 - Saturday, March 14, 2026
Responsible Party (Company Name or Individual):
The Board of Regents for the University of Nebraska Lincoln on behalf of the Math
Department
Post to Reader Board as:
UNL Math - Graduate Recruitment
Address: Pound Business Cooperative
305E LPH
Hotel Contact:
Dana Rains
City, State, Zip: Lincoln, NE 68588 Title: Sales Manager
Property Address:
1040 P Street Lincoln, NE 68508
Phone: (402) 472-2070 Phone: (402) 473-4733
Email tcarlson30@unl.edu Email: dana.rains@atriumhospitality.com
After Reservation Due Date as described above and prior to your arrival date, all room nights which have not been reserved as described above will be deemed to be room nights which your group will not use, and they will become subject to the attrition prov isions herein. Such room nights will at that date be returned to the Hotel's general inventory. Reservation requests from your attendees received after Reservation Due Date will be accepted on a space available basis, at the higher of the contract rate or rate available at that time. Should such requests be accepted, such room nights will be credited to your block for purposes of any calculation of attrition.
CHECK-IN I CHECK-OUT
Guest accommodations will be available at 4:00 PM on arrival day and reserved until 12:00 PM on departure day. The Hotel wou ld appreciate receiving flight arrival times for your group, if available. Any attendee wishing special consideration for late checkout should inquire at the front desk on the day of departure. Should the Hotel allow for late check-out; it may impose a half day rate.
GUEST ROOM CHARGES
Room only charged to Master Account: You will be paying your Event guests’ room, applicable tax, and parking. Accordingly, all such charges incurred by Event guests will be charged to your Master Account. In order to be able to access the ancillary services of the Hotel, each guest will be required to present a valid credit card upon check-in, on which an amount of sufficient pre-authorization can be obtained to cover any charges for the guest’s use of the Hotel’s ancillary services. Should any guest not settle his or her account in full upon departure, you will be responsible for the outstanding balance
(which may be added to your Master Account or billed to you separately).
AGREED MINIMUM ROOM NIGHT REVENUE: Based on the Total Contracted Rooms and the stated rates, the “Agreed Minimum Room Night Revenue” is $2,780.00.
ROOM BLOCK COMMITMENT: When you contract for a block of rooms, those room nights are removed from our inventory and considered sold to you, and the Hotel makes financial plans based upon the revenues it expects to achieve from your full performance of this Agreement. It is impossible for the Hotel to know in advance whether or under what circumstances or at what rates it would be able to resell your contracted room nights if you do not use them, either as the result of a cancellation of your Event (“cancellation”) or as the result of usage of less than your Total Contracted Rooms ("attrition"). In most instances, when groups do not use their contracted room nights, the Hotel is unable to resell those room nights and even when room nights are resold, they are generally not resold at the same rates, may be resold to groups which would have utilized the Hotel at another time, are resold to groups that do have the same needs as the original group, etc. Even when rooms may be resold, it is costly to re-market the rooms and such efforts divert the attention of our sales staff from selling the Hotel’s rooms for other times. While your Room Block has been held out of our inventory, we may have turned away more lucrative groups in order to meet our commitment to you.
For all these reasons and others, the Parties agree that in the event of cancellation or attrition, the following charges, which represent a reasonable effort on behalf of the Hotel to establish its loss prospectively, shall be due as liquidated damages. Because the Hotel reasonably expects to derive revenue from your Event above and beyond the revenue derived from the provision of room nights and because it is difficult to estimate the actual revenue which may be derived from your Event, the amounts due as and for liquidated damages are intended to compensate the Hotel for all of its losses associated with cancellation and/or attrition
ATTRITION: We agree to allow for a 20% reduction from the Agreed Minimum Room Night Revenue, (“Permitted Attrition”). At the conclusion of your Event, we will credit against the Agreed Minimum Room Night Revenue the guest room revenue derived from your Event, and also credit any Permitted Attrition. Any balance will be posted as a charge to your Master Account, plus applicable taxes and service charges.
CANCELLATION: It is understood that Hotel loses substantial revenue upon the Group’s cancellation of an event. The amount of those losses is often difficult or impossible to determine. Hotel has set forth the following fee schedule in the event of cancellation. The parties agree that these fees are a fair and reasonable estimation of Hotel’s loss as a result of cancellation. Group shall pay the cancellation fee as liquidated damages, plus applicable taxes, if Group cancels or is deemed to have cancelled the Event. Group agrees to notify Hotel in writing within five (5) business days of any decision to cancel. If the entire Event is cancelled Group agrees to pay Hotel, as follows:
CANCELLATION FEES:
Cancellation Fee is based on Agreed Minimum Room Night Revenue plus applicable taxes.
Cancelled more than 181 days prior to arrival 50% of total amount, plus applicable taxes
Cancelled 91 - 180 days prior to arrival 75% of total amount, plus applicable taxes
Cancelled within 90 days prior to arrival 90% of total amount, plus applicable taxes
Your written notice of cancellation must be delivered to Hotel and may be made by facsimile or electronic transmission. Cancellation date will be considered the date such notification was received by Hotel. Liquidated damages resulting from cancellation shall be due and payable at the time of cancellation.
FORCE MAJEURE: No damages from either Party shall be due for a failure of performance due to Acts of God, war, terrorist act, riots, disaster or strikes, any one of which, to the extent, making performance impossible. Moreover, it will be considered a Force Majeure event if, within sixty days in advance of the scheduled event, the World Health Organization declares a pandemic, as the World Health Organization defines that term (or a previous such declaration remains in place), and as a result a government entity (other than Group or its affiliates in the case of a cancellation by Group) imposes a travel ban, or attendance ban for the location of the event that has the effect of prohibiting attendance at the event or use of the hotel facilities. In the case of a Force Majeure event, the non-performing party may terminate this Agreement, without liability, upon written notification. The Hotel shall have no liability for power disruptions of any kind.
DEPOSIT AND PAYMENT REQUIREMENTS: DB M498 If you wish to apply for credit, please complete the enclosed direct bill application form and return it with the signed Agreement. Unless prohibited by law, a 2.5% processing fee will be assessed on credit card payments.
Please note that any credit approvals will expire after 12 months. In addition, Hotel reserves the right to withdraw a prior credit approval if Group fails to pay in full charges associated with any prior event at the Hotel or any other hotel owned or operated by Atrium Hospitality or its affiliates, or if there is any material adverse change in Group’s credit standing. If credit approval is withdrawn or expires, Group must make deposit payments in accordance with the below schedule, with Group paying any previously scheduled deposit amounts by the earlier of (A) five (5) days after the Hotel notifies Group of the withdrawal or expiration of credit, or (B) three (3) days prior to the date of the Event.
If credit is not established in advance by Group with Hotel and maintained, you must make deposit payments in accordance with the below payment schedule. If credit is approved only in part, credit will apply only with respect to the last deposits to be made up to the extent of the approval and all pr ior deposits (and any balance on any deposit for which partial credit is established) must be made in accordance with the below schedule. All deposits will be credited to Group’s Master Account.
In the event the Group’s direct bill account is deactivated, the following deposit schedule will apply:
Date Deposit Due
Upon return of signed Agreement to Hotel $200.00
Two weeks prior to Event $2,500.00
Three days prior to Event* Estimated Remaining Balance
* Final deposit payment must be by credit card, certified or official bank check, money order, or bank transfer, with wiring instructions to be provided by
Hotel. Unless prohibited by law, a 2.5% processing fee will be assessed on credit card payments.
Checks and money orders should be made payable to Embassy Suites by Hilton Lincoln and be delivered to: Embassy Suites by Hilton Lincoln, Attention:
Accounting Department, 1040 P Street, Lincoln, NE 68508.
For payment by wire or ACH transfer, the Hotel’s current bank wire instructions have been sent along with the Hotel Agreement through Sertifi. You are responsible for ensuring any wire is sent to the correct account. If you receive wire instructions not sent through Sertifi at any time, even if the same appear to be sent by the Hotel, you must verify the same by calling the hotel accounting office using a trusted known or independently verified phone number.
If any deposit payment is not made when due, Hotel may, at its option, deem the Event to be canceled, in which case cancellat ion charges will apply as noted above and the Hotel will retain any deposits on hand and apply them to the cancellation charges.
In addition to any other amounts authorized by this Agreement, the following items shall be charged to the Master Account: guest rooms, self-parking, attrition charges, cancellation charges, and any other charges billed to the Master Account at the request of the authorized representative of the Group, as designated by the Group in advance of the Event, plus applicable taxes and governmental charges.
During the course of your Event, we would be pleased to meet with you each day at a mutually agreed upon time to review the charges applied to your
Master Account and to keep it accurate and up to date. Please inform your Event Services Manager of a convenient time that you wish to establish for a daily meeting.
If credit was not established and maintained, any Master Account balance is due at the conclusion of the Event. Where credit was established and maintained, the Master Account balance will be invoiced to the Group within 10 days after the Event concludes, and shall be due and payable by Group within 10 days after the date of invoice. Master Account charges may be paid in the form of a check or bank transfer. All deposits, balances or charges not paid when due will bear interest at the lesser of 1.5% per month or the maximum rate permitted by law. Should the Hotel, in its sole discretion, deem collection action necessary in regard to any amounts payable by Group under this Agreement, all costs associated with that co llection action, including reasonable attorney’s fees, shall be payable by Group and may be posted to the Master Account.
Individual guest accounts are paid via the credit card provided by the guest at check-in.
TAX EXEMPT STATUS: If Group maintains a tax exempt status, Hotel must be provided with a valid exemption certificate no later than thirty (30) days prior to Group’s arrival in order to be exempt from taxes. Please note, tax exempt status pertains to the Master Account only. Individual attendees are not tax exempt. Tax exempt status applies to sales tax only; other taxes may apply.
INSURANCE AND INDEMNIFICATION: Hotel and Group each agree to carry and maintain and provide evidence of liability and other insurance in amounts sufficient to provide coverage against any claims arising out of its activities or relating to its respective obligat ions under this Agreement, with liability coverage of not less than $2,000,000.00 per occurrence. Group’s insurance policy shall name the JDHQ Hotels LLC, d/b/a Embassy Suites by Hilton Lincoln and Atrium Hospitality LP (collectively, the “Hotel Parties”) as additional insureds. With respect to any claims or other liability for which Group is responsible, Group’s insurance will be primary and not contributory to any insurance maintained by the Hotel Parties. Damage caused by the
Group or its attendees or contractors will be the Group’s responsibility. The Hotel is not responsible for any loss or damage no matter how caused, to any samples, displays, properties, or personal effects brought into the Hotel. Group will carry workers compensation coverage as required by law. Group will provide Hotel with a copy of their Certificate of Insurance no later than thirty (30) days prior to arrival.
The Group shall indemnify, defend and hold harmless JDHQ Hotels LLC, d/b/a Embassy Suites by Hilton Lincoln and Atrium Hospitality LP and their respective officers, directors, partners, agents, members and employees from and against any and all demands, claims, damages to persons or property, losses and liabilities, including reasonable attorney’s fees (collectively “Claims”) arising out of or caused by the Group’s and/or its attendees’, members’, agents’, employees’, independent contractors’ or exhibitors’ negligence, including but not limited to claims arising out of the Group’s distribution of pre-keyed room key cards, rooming lists or any other confidential information relating to its attendees.
WAIVER OF JURY TRIAL: HOTEL AND GROUP EACH hereby waives all right to trial by jury in any claim, action, proceeding or counter-claim by either Hotel or Group against each other on any matters arising out of or in any way connected with this Agreement.
ENTIRE AGREEMENT: This Agreement, including the below-referenced Additional Terms and Conditions, and the appendices, attachments, addenda and exhibits attached hereto and hereby incorporated herein, constitutes the entire agreement between the Parties superseding any and all prior proposals, negotiations, representations, commitments and other communications between the Parties, whether oral or written, concerning the Event. This Agreement shall be deemed “accepted“ and binding on the Parties only after it has been signed and delivered by a representative of the Group and thereafter by a representative of the Hotel. No representative of the Hotel is authorized to make any representation which varies from the express terms of this
Agreement. This Agreement cannot be amended or supplemented except in writing signed by a representative of the Group and the Hotel’s Director of Sales or General Manager. Group shall present Hotel an executed version signed by Group’s representative prior to Wednesday, December 31, 2025.
ADDITIONAL TERMS AND CONDITIONS: By signing where indicated below, you are agreeing that in addition to the terms and conditions of this Agreement as set forth above, this Agreement also includes the general terms and conditions set forth in the Additional Terms and Conditions (collectively, the “Additional Terms and Conditions”) located on the following pages, which terms and conditions are hereby incorporated into and made a part of this
Agreement.
The undersigned expressly agree and warrant that they are authorized to sign and enter into this Agreement on behalf of the party for which they sign and if applicable on behalf of Group/Client named above.
ACCEPTED AND AGREED TO:
The Board of Regents for the University of Nebraska
Lincoln
HOTEL:
JDHQ Hotels LLC d/b/a Embassy Suites by Hilton Lincoln
Group: UNL Math - Graduate Recruitment
By: [[SertifiSignature_1]]
Name:
Dated: [[SertifiDate_1]]
By: [[SertifiSignature_2]]
Name: Dana Rains, Sales Manager Dated: [[SertifiDate_2]]
By: [[SertifiSignature_3]]
Name: Tina Bretting, Director of Sales & Marketing Dated: [[SertifiDate_3]]
01/09/26 | 10:15 CST
01/09/26 | 11:20 CST
01/09/26 | 13:15 CST
Lacey Rohe
ADDITIONAL TERMS AND CONDITIONS
If you have entered into an agreement with a hotel (the “Hotel”) operated by Atrium Hospitality LP or an affiliate thereof (a “Hotel Agreement”) and that Hotel Agreement expressly incorporates these Additional Terms and Conditions by reference, then these Additional Terms and Conditions are included in, and constitute a part of the Hotel Agreement. Unless otherwise defined here, terms and phrases defined in the Hotel Agreement have the same definition in these Additional Terms and Conditions. For the entire term of your use and occupancy of the hotel premises during your Event, you shall comply with all of the requirements set forth herein.
1. 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 in connection with your Event (each, an “Attendee”), then you certify that you have already obtained, or will obtain, consent from each of your Attendees for the Hotel to provide to you and/or your representative(s) such Attendee’s reservation information, and you further agree to reimburse Hotel and Atrium Hospitality LP for any costs, damages, fees or expenses of any kind (including reasonable attorneys’ fees) arising from any claim(s) by an Attendee relating to the Hotel’s or Atrium Hospitality LP’s disclosure of any Attendee’s reservation information.
2. CREDIT CARD PAYMENTS: Hotel may utilize a third-party service to receive secure electronic payments and signatures authorizing said payments.
3. DISCLOSURE OF THIRD PARTY PAYMENTS: If the Hotel Agreement provides for the Hotel to pay a commission, rebate, subsidy, housing fee and/or event planner bonus, or provide any free or discounted guest rooms for any person, in connection with your Event (collectively, a “Third Party Payment”), then you (and your Meeting Planner if the Meeting Planner is signing the Hotel 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. 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 (including reasonable attorneys’ fees) that we incur should any person claim that disclosure was insufficient.
4. HOTEL LOGO: Group shall not use the name, trademark or logo or any other proprietary designation of the hotel in any advertising or promotional material without the prior written permission of the Hotel (except that Group may use the name and address of the hotel as reasonably required to identify the Event location and to advice the Group’s attendees concerning reservations and charges). Hotel has the right to review and approve in advance any advertisements or promotional materials in connection with Group function which specifically refers to the Hotel or uses its name or logo.
5. TAXES: All federal, state and local governmental taxes and charges related to the services rendered by the Hotel in connection with your Event are in addition to the prices for the services, and you agree to pay them in accordance with the payment terms set forth herein.
6. FORCE MAJEURE: No damages from either Party shall be due for a failure of performance due to Acts of God, war, terrorist act, riots, disaster or strikes, any one of which make performance impossible. The Hotel shall have no liability for power disruptions of any kind.
7. CANCELLATION BY HOTEL: In the event the Event is canceled by the Hotel for reasons other than those rights of termination outlined herein (or by Group due to default by Hotel), the Parties agree that Hotel’s liability to group for such cancellation shall be limited as described in this Paragraph. Group shall be entitled to move the Event to a comparable hotel of the same classification and scale, and the Hotel’s liability to group shall be limited to the following (subject to the Group’s duty to act reasonably to mitigate its damages): (1) the increase, if any, in room rate; (2) the increase, if any, in meeting space rental rates; (3) the increase, if any, in menu prices for comparable menus at contracted banquet food and beverage functions; (4) the cost, if any, of notifying attendees of the change in location, and (5) the cost, if any, of reprinting collateral material. Except as specifically provided in this Agreement, Hotel shall not be liable to Group for any indirect, incidental, consequential, or special damages.
8. CANCELLATION DUE TO CHANGE IN HOTEL OWNERSHIP OR MANAGEMENT. The Parties agree that Hotel may cancel the Event without liability to the Group if the Hotel undergoes a change in ownership or management company and the new owner or manager does not assume this Agreement.
9.CANCELLATION OF FUTURE CONTRACTED EVENTS BY HOTEL: Should a Group’s master account remain unpaid after 60 days, or if advance payments requested are not paid as required, in addition to its other remedies, Group and the Hotel agree that the Hotel, at its sole option and without any liability to Hotel, may elect to cancel any subsequent arrangements agreed upon herein or any agreements separately made by that time between the Group and any Atrium Hospitality LP managed Hotel for additional conventions/meetings to be held in the future, and that in such event the Hotel shall have no liability for such cancellation (no fees, charges, damages or penalties shall be due from the Hotel as a result of the cancellation and no claim shall be brought against the Hotel as a result of the cancellation). Group will be responsible for cancellation damages set forth in each of the event contracts in the event of cancellation by Hotel pursuant to this clause.
10. COMPLIANCE WITH OFAC LAWS: You represent and warrant that you and your Attendees are 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”), nor on any similar restricted party listings, including those maintained by other governments pursuant to applicable United Nations, regional or national trade or financial sanctions. If you are added to any such restricted party list prior to your arrival date, then you must notify us immediately. The OFAC List can be found by visiting http://www.treasury.gov/resource- center/sanctions/SDN-List/Pages/default.aspx. We may cancel your Event and this Agreement without liability if we reasonably believe it is necessary to do so in order for us to comply with our obligations under such laws or regulations, including if you are added to any restricted party listings as described in this section.
11. ASSIGNMENT: Group may not assign any benefits arising under or associated in any way with the Hotel Agreement without the Hotel’s prior written consent. This prohibition includes, without limitation, any reselling of guest rooms or function space without the Hotel’s prior written consent.
12. SEVERABILITY; NON-WAIVER: Any provision of the Hotel 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.
13. COMPLIANCE WITH LAWS AND REGULATIONS: Group agrees to conduct the Event in an orderly manner in full compliance with applicable laws, regulations, and Hotel rules. Should Hotel incur any fees or costs associated with Group’s compliance with such laws, regulations and rules, Group will be responsible for those fees and costs. Group assumes full responsibility for the conduct of all persons in attendance at the Event and for any damage done to any part of Hotel’s premises during any time the premises are reserved for or in use by Group.
14. GOVERNING LAW: The Hotel Agreement is made and to be performed in the city, county and state in which the Hotel is located and shall be governed by and construed in accordance with city, county and state law. Group consents to the exercise of personal jurisdiction over it by the courts of the State in which the Hotel is located and agrees that all litigation regarding the Hotel Agreement shall be brought and maintained only in the courts of such state. In the event of litigation arising from or associated with this contract, the parties agree that the prevailing party therein shall recover its attorneys’ fees and all litigation expenses, charges and costs incurred therein.
15. EQUAL OPPORTUNITY AND EXECUTIVE ORDERS: EQUAL OPPORTUNITY AND EXECUTIVE ORDERS:
Equal Opportunity Clauses required by Executive Order 11246, as amended, the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212 (formerly 2012), Section 503 of the Rehabilitation Act of 1973, as amended, Executive Order 13201, as amended, and their implementing regulations at 41 CFR Chapter 60 (including 41 CFR 60-1.4, 41 CFR60-250.5, 41 CFR60-
300.5 and 41 CFR 60-741.5…
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