DOC2248532250.pdf

PDF 883 KB Posted

Attached to
NE|CW45677
Contract number
CW45677
Issued by
Nebraska

About this file

Contract Summary

This is a group meeting and event services agreement between the University of Nebraska (specifically the University of Nebraska Medical Center's College of Dentistry) and Scarlet Hotel Site Develop Lease Six LLC, operating as The Scarlet, Lincoln, a Tribute Portfolio Hotel. The contract was executed by Lacey Rohe, Associate Vice Chancellor & Controller, on behalf of the University, and by Kyla Kosalka, Sales Manager, and Johnson Menezes, General Manager, on behalf of the hotel. The agreement is governed by Nebraska law and subject to the University of Nebraska Legal and Policy Compliance Addendum, which establishes standard terms for state contracts including compliance with federal anti-discrimination laws, debarment certification, and indemnification requirements.

The contract provides hotel accommodations and meeting facilities for an accreditation planning and strategic planning retreat of the College of Dentistry leadership scheduled for August 13-14, 2026. The hotel will provide one standard king guest room at $110.00 per night (subject to 16.74% applicable state and local taxes) and one meeting room configured in U-shape setup for 25 attendees from 8:00 AM to 5:00 PM on August 13, 2026, with a minimum food and beverage revenue commitment of $500.00. The total contract value is $1,200.00. All food and beverage must be purchased from the hotel and is subject to 9.39% Nebraska tax and a 24% administrative service charge. The reservation cut-off date is August 21, 2026, and cancellations made within 30 days prior to the event incur liquidated damages equal to 100% of the minimum banquet food and beverage revenue. The contract includes standard hotel provisions regarding liability, liquor licensing, equipment provision, and vendor approval requirements.

View the file

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

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 SCARLET HOTEL SITE DEVELOP LEASE

SIX LLC

Contact Kyla Kosalka

Sourcing Agent Melody Stark Email kkosalka@scarlethotelnebrask a.com

REQUESTING DEPARTMENT

Participating Campuses

UNMC

Administrative Unit/Dept.

Department Contact Cathy Rutt

CONTRACT DESCRIPTION/INFORMATION

Contract Summary (brief description and/ or event name)

Accreditation planning and strategic planning retreat with College of Dentistry leadership and consultant Dr. Jessica Hilburg.

Meeting space, food and beverage

Contract Document Document Amt Total Amt Start Date End Date Notes

CW 45677 $1200 $1200 08/13/2026 08/14/2026

COMPETITION/BID INFORMATION

Bid Number

Competition Under $25k

Contract Information

INTERNAL USE ONLY

Contract ID CW 45677 kkosalka@scarlethotelnebraska.com kkosalka@scarlethotelnebraska.com

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 group meeting event 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 SCARLET HOTEL SITE DEVELOP LEASE SIX 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:

Cathy Rutt

UNMC

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

06/04/26 | 11:48 CDT

Kyla Kosalka

Kyla Kosalka kkosalka@scarlethotelnebraska.com

06/04/26 | 17:50 CDT

Lacey Rohe

Associate Vice Chancellor & Controller

Page 1 of 7 Version 1.0

MARRIOTT CONFIDENTIAL AND PROPRIETARY INFORMATION

DESCRIPTION OF GROUP AND EVENT

The following represents an agreement between The Scarlet, Lincoln, a Tribute Portfolio Hotel, 2101 Transformation Drive, Lincoln, NE, 68508, (531) 300-6300 and UNMC College of Dentistry.

ORGANIZATION: UNMC College of Dentistry

CONTACT:

Name: Cathy Rutt

Job Title: Administrative Associate

Street Address: College of Dentistry 40th and Holdrege St

City, State, Postal Code: Lincoln, NE 68583-0740

Phone Number: (402) 472-3453

E-mail Address: cjrutt@unmc.edu

NAME OF EVENT: UNMC College of Dentistry Meeting Aug2026

REFERENCE #: M-WGQJHM0

OFFICIAL PROGRAM DATES: Thursday, 08/13/2026 - Friday, 08/14/2026

GUEST ROOM COMMITMENT/GROUP ROOM RATES

The Hotel agrees that it will provide, and Group agrees that it will be responsible for utilizing, 1 room nights in the pattern set forth below (such number and such pattern, the “Room Night Commitment”):

UNMC

Date Day Standard King Total Rooms

08/13/2026 Thu 1 1

Start Date End Date Room Type Single

08/13/2026 08/13/2026 Standard King $110.00

Hotel’s room rates are subject to applicable state and local taxes (currently 16.74%) in effect at the time of check-out.

COMMISSION

The group room rates listed above are net non-commissionable. UNMC College of Dentistry will advise its designated agency of these rates and address any resulting agency compensation issues directly with the management of the appropriate agency.

METHOD OF RESERVATIONS

Reservations for the Event will be made by the individual directly on ResLink, the customized event booking platform provided by the Hotel. Additionally, reservations can also be made at (531) 300-6300.

GUARANTEED RESERVATIONS

Reservation for Guest Speaker made by Rooming List.

CUT-OFF DATE

Reservations by attendees must be received on or before Friday, August 21, 2026, (the “Cut-Off Date”). At the Cut-Off

Date, Hotel will review the reservation pick up for the Event, release the unreserved rooms for general sale, and determine whether or not it can accept reservations based on a space- and rate-available basis at the UNMC College of Dentistry group rate after this date.

NO ROOM TRANSFER BY GUEST

UNMC College of Dentistry agrees that neither UNMC College of Dentistry nor attendees of the Event nor any intermediary shall be permitted to assign any rights or obligations under this Group Sales Agreement, or to resell or otherwise transfer to

Page 2 of 7 Version 1.0 persons not associated with UNMC College of Dentistry reservations for guestrooms, meeting rooms or any other facilities made pursuant to this Group Sales Agreement.

BILLING ARRANGEMENTS

The following billing arrangements apply: Room and Tax to Master.

PHISHING

Please be aware that bad actors can impersonate Hotel employees. Group should never rely solely on contact information sent in an email or respond directly to any email requesting a bank account information change. If Group receives a request from Hotel regarding bank account information, Group should contact the Hotel via verified phone number or in person to confirm the request prior to providing such information.

METHOD OF PAYMENT

UNMC College of Dentistry will raise any disputed charge(s) within 10 days after receipt of the invoice. The Hotel will work with UNMC College of Dentistry in resolving any such disputed charges.

UNMC College of Dentistry has indicated that it has elected to use the following form of payment:

[ ] Credit card (We accept all major credit cards)

[ ] Company check or Electronic Funds Transfer

UNMC College of Dentistry may not change this form of payment.

Client gives hotel permission to charge credit card used for previous deposit(s) to fulfill future contracted deposit and payment obligations if an alternative method of payment is not received by the contracted due date.

FUNCTION INFORMATION AGENDA/EVENT AGENDA

Based on the requirements outlined by UNMC College of Dentistry, the Hotel has reserved the function space set forth on the below Function Information Agenda/Event Agenda.

Date Day Start

Time

End

Time Function Type Setup

People Rental Related Events

08/13/2026 Thu 8:00 AM 5:00 PM Meeting U-Shape 25 $500.00 Rise Building 1 All meeting rooms, food and beverage, and related services are subject to applicable taxes (currently 9.39%) and service charge (currently 24%) in effect on the date(s) of the Event. The Hotel reserves the right to adjust function space in direct proportion to any changes in the number of attendees.

DAMAGE TO FUNCTION SPACE

UNMC College of Dentistry agrees to pay for any damage to the function space that occurs while UNMC College of

Dentistry is using it. UNMC College of Dentistry will not be responsible, however, for ordinary wear and tear or for damage that it can show was caused by persons other than UNMC College of Dentistry and its attendees.

MINIMUM BANQUET FOOD AND BEVERAGE REVENUE REQUIREMENT

UNMC College of Dentistry agrees to a minimum banquet food and beverage revenue of $500.00, exclusive of tax and service charge (the “Minimum Banquet Food and Beverage Revenue”). Hotel will confirm the food and beverage prices 90 days prior to UNMC College of Dentistry’s arrival date. UNMC College of Dentistry shall provide Hotel with no less than

72 hours prior to the first scheduled function] advance notice of the date(s), time(s), and number of covers with respect to each function it wishes to schedule for the Event.

These catering rates do not include any applicable Nebraska tax (currently 9.39%) and a service charge (currently 24% in effect on the date(s) of the Event. All food and beverage served in the Hotel must be purchased from the Hotel.

All meeting room, food and beverage, audio-visual and related services are subject to applicable taxes (currently 9.39%) in effect on the date(s) of the event and subject to change without notice. Prior to the application of any taxes, all meeting room, food and beverage, audio-visual and related services will be subject to a 24% administrative charge. Please note that the administrative charge is not a gratuity or tip and, accordingly, is subject to all applicable taxes. A portion of this charge

(currently 12% of food & beverage sales) will be distributed directly to food & beverage staff as additional compensation for their services, while the remainder will be applied to costs and/or expenses other than employee wages.

Page 3 of 7 Version 1.0

CANCELLATION

UNMC College of Dentistry acknowledges that if it cancels or otherwise essentially abandons its planned use of the Room

Night Commitment (a “Cancellation”), this action would constitute a breach of UNMC College of Dentistry’s obligation to

Hotel and Hotel would be harmed. Because Hotel’s harm (and UNMC College of Dentistry’s obligation to compensate

Hotel for that harm) is likely to increase if there is a delay in notifying Hotel of any Cancellation, UNMC College of

Dentistry agrees to notify Hotel, in writing, within five (5) business days of any decision to Cancel. In addition, if a

Cancellation occurs, the parties agree that:

a. it would be difficult to determine Hotel’s actual harm;

b. the sooner Hotel receives notice of the Cancellation, the lower its actual harm is likely to be, because the probability of mitigating the harm by reselling space and functions is higher; and

c. the highest percentage amount in the chart (the “Chart”) set forth below reasonably estimates Hotel’s harm for a last-minute cancellation and, through its use of a sliding scale that reduces damages for earlier cancellations, the Chart also reasonably estimates Hotel’s ability to lessen its harm by reselling UNMC College of Dentistry’s space and functions.

UNMC College of Dentistry therefore agrees to pay Hotel, within thirty (30) days after any Cancellation, as liquidated damages and not as a penalty, the amount listed in the Chart below.

Date of Cancellation Total Amount of Liquidated Damages Due

200 days to 125 days prior 40% of Minimum Banquet Food and Beverage Revenue

125 days to 90 days prior 60% of Minimum Banquet Food and Beverage Revenue

90 days to 30 days prior 80% of Minimum Banquet Food and Beverage Revenue

30 days to 0 days prior 100% of Minimum Banquet Food and Beverage Revenue *Total Estimate Charges include the Room Revenue Commitment and Food and Beverage Revenue Commitment plus applicable taxes.

Provided that UNMC College of Dentistry timely notifies Hotel of the Cancellation and timely pays the above liquidated damages, Hotel agrees not to seek additional damages from UNMC College of Dentistry relating to the Cancellation.

IMPOSSIBILITY

The performance of this Agreement is subject to termination without liability upon the occurrence of any circumstance beyond the control of either party – such as acts of God, war, acts of terrorism, government regulations, disaster, strikes, civil disorder, or curtailment of transportation facilities – to the extent that such circumstance makes it illegal or impossible for the Hotel to provide, or for groups in general to use, the Hotel facilities. The ability to terminate this Agreement without liability pursuant to this paragraph is conditioned upon delivery of written notice to the other party setting forth the basis for such termination as soon as reasonably practical - but in no event longer than ten (10) days - after learning of such basis.

COMPLIANCE WITH LAW

This Agreement is subject to all applicable federal, state, and local laws, including health and safety codes, alcoholic beverage control laws, disability laws, federal anti-terrorism laws and regulations, and the like. Hotel and UNMC College of

Dentistry agree to cooperate with each other to ensure compliance with such laws.

CHANGES, ADDITIONS, STIPULATIONS, OR LINING OUT

Any changes, additions, stipulations or deletions including corrective lining out by either Hotel or UNMC College of

Dentistry will not be considered agreed to or binding on the other unless such modifications have been initialed or otherwise approved in writing by the other.

DISPUTE RESOLUTION

In the event of dispute resolution, the non-prevailing party will pay the other’s costs and attorney’s fees.

LIQUOR LICENSE

UNMC College of Dentistry understands that Hotel’s liquor license requires that beverages only be dispensed by Hotel employees or bartenders. Alcoholic beverage service may be denied to those guests who appear to be intoxicated or are underage.

COMPLIANCE WITH EQUAL OPPORTUNITY LAWS

This section describes Marriott’s obligations as a U.S. federal contractor. It does not apply to customers that are not part of

Page 4 of 7 Version 1.0 the U.S. federal government or using funds from the U.S. federal government for this contract.

Marriott shall comply with all applicable laws, statutes, rules, ordinances, codes, orders and regulations of all federal, state, local and other governmental and regulatory authorities and of all insurance bodies applicable to the Hotel premises in performing its obligations under this Agreement.

Marriott (referred to as “contractor” in this section) shall comply with Executive Order 11246, as amended, Section 503 of the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans’ Readjustment Assistance Act, as amended, which are administered by the United States Department of Labor (“DOL”), Office of Federal Contract Compliance

Programs (“OFCCP”). The equal employment opportunity clauses of the implementing regulations, including but not limited to 41 C.F.R. §§ 60.1-4, 60-300.5(a), and 60-741.5(a), are hereby incorporated by reference, with all relevant rules, regulations and orders pertaining thereto. This contractor and subcontractor shall abide by the requirements of 41

C.F.R. §§ 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, or national origin.

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, protected veteran status or disability.

Marriott also shall comply with Executive Order 13496 and with all relevant rules, regulations and orders pertaining thereto, to the extent applicable. The employee notice clause and all other provisions of 29 C.F.R. Part 471, Appendix A to Subpart

A, are hereby incorporated by reference.

To the extent applicable, Marriott shall include the provisions of this section in every subcontract or purchase order so that such provisions shall be binding upon each contractor, subcontractor or vendor performing services or providing materials relating to this Agreement and the services provided pursuant to the terms hereof.

PRIVACY

Marriott International, Inc. (“Marriott”) is committed to complying with obligations applicable to Marriott under applicable privacy and data protection laws, including to the extent applicable EU data protection laws. Hotel shall comply with the then-current Marriott Group Global Privacy Statement (the “Privacy Statement,” currently available at http://www.marriott.com/about/privacy.mi) with respect to any personal data received under this Agreement.

Without limiting the foregoing obligation, Hotel has implemented measures designed to: (1) provide notice to individuals about its collection and use of their personal data, including through the Privacy Statement; (2) use such personal data only for legitimate business purposes; (3) provide means by which individuals may request to review, correct, update, suppress, restrict or delete or port their personal data, consistent with applicable law; (4) require any service providers with whom personal data is shared to protect the confidentiality and security of such data; and (5) use technical and organizational measures to protect personal data within its organization against unauthorized or unlawful access, acquisition, use, disclosure, loss, or alteration.

UNMC College of Dentistry will obtain all necessary rights and permissions prior to providing any personal data to Hotel, including all rights and permissions required for Hotel, Hotel affiliates, and service providers to use and transfer the personal data to locations both within and outside the point of collection (including to the United States) in accordance with Hotel’s privacy statement and applicable law. Notwithstanding any other provision, Hotel may use an individual’s own personal data to the extent directed by, consented to or requested by such individual.

IN-HOUSE EQUIPMENT

Hotel will provide, at no charge, a reasonable amount of meeting equipment (for example, chairs, tables, etc.). These complimentary arrangements do not include special setups or extraordinary formats that would deplete Hotel’s present in-house equipment to the point of requiring rental of an additional supply to accommodate UNMC College of Dentistry’s needs. If such special setups or extraordinary formats are requested, Hotel will present UNMC College of Dentistry two (2) alternatives: (1) charging UNMC College of Dentistry the rental cost for additional equipment, or (2) changing the extraordinary setup to a standard format, avoiding the additional cost.

UNATTENDED ITEMS/ADDITIONAL SECURITY

The Hotel cannot ensure the security of items left unattended in function rooms. Special arrangements may be made with the

Hotel for securing a limited number of valuable items. If UNMC College of Dentistry requires additional security with respect to such items or for any other reason, the Hotel will assist in making these arrangements. All security personnel to be https://protect-us.mimecast.com/s/SER-CG6QzAUg2xQpIWyIbY

Page 5 of 7 Version 1.0 utilized during the Event are subject to Hotel approval.

USE OF OUTSIDE VENDORS

If UNMC College of Dentistry wishes to hire outside vendors to provide any goods or services at Hotel during the Event, UNMC College of Dentistry must notify Hotel of the specific goods or services to be provided and provide sufficient advance notice to the Hotel so that the Hotel can (i) determine, in Hotel’s sole discretion, whether such vendor must provide

Hotel, in form and amount reasonably satisfactory to Hotel, an indemnification agreement and proof of adequate insurance, and (ii) approve, using reasonable judgment, the selection of the outside vendor and the goods or services to be provided by such outside vendor to UNMC College of Dentistry, taking into consideration: (a) whether Hotel offers such goods and services; (b) the risk level posed by certain activities; and (c) the safety and well-being of guests at Hotel.

PERFORMANCE LICENSES

UNMC College of Dentistry will be solely responsible for obtaining any necessary licenses or permission to perform, broadcast, transmit, or display any copyrighted works (including without limitation, music, audio, or video recordings, art, etc.) that UNMC College of Dentistry may use or request to be used at the Hotel.

MARRIOTT BONVOY EVENTS

Marriott Bonvoy Events provides Points or Miles to eligible Marriott Bonvoy Members who book and hold qualifying meetings and events at Participating Properties.

Approximately ten (10) business days after the conclusion of the Event (provided that the Event is not cancelled and UNMC

College of Dentistry has otherwise complied with the material terms and conditions of this Agreement), the Hotel will award

Points or Miles to the Member and relevant account identified below. By inserting the airline frequent flyer account information, the recipient elects to receive Miles instead of Points.

Marriott Bonvoy Events is not available in certain circumstances, including (1) for any government employee or official booking a government event (U.S. government event or non-U.S. government event); (2) for any employee of a state-owned or state-controlled entity (“SOE”) booking an event on behalf of the SOE; or (3) for any other planner or intermediary when booking an event on behalf of a non-U.S. governmental entity or SOE. Hotels in the Asia Pacific region are restricted from awarding Points or Miles to any intermediary booking an event on behalf of any governmental entity or SOE.

GROUP MUST CHECK ONE OPTION BELOW:

The Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) is eligible to receive Points or Miles.

Member Name __________________________________________________

Marriott Bonvoy Membership Number ___________________________

*If Miles are desired instead of Points, please also provide:

Participating airline name ___________________________________________________

Participating airline frequent flyer account number___________________________

OR

The Contact (as identified on page 1 of this Agreement or the Authorized Signer of this Agreement) declines or is not eligible to receive Points or Miles and hereby waives the right to receive Points or Miles in connection with the Event.

The individual identified above to receive either Points or Miles may not be changed without such individual’s prior written consent. The number of Points or Miles to be awarded shall be determined pursuant to the Marriott Bonvoy Terms and

Conditions (the “Terms and Conditions”), as in effect at the time of award. All Marriott Bonvoy Terms and Conditions apply. The Terms and Conditions are available on-line at https://www.marriott.com/loyalty/terms/default.mi and may be changed at the sole discretion of Marriott International, Inc. at any time and without notice. Capitalized terms used in this section have the meanings given to them in the Terms and Conditions.

*Electronic selection – This may be done in Microsoft Word by double-clicking on the above unfilled box, choosing a https://www.marriott.com/loyalty/terms/default.mi

Page 6 of 7 Version 1.0 blackened box, and then clicking “Insert.” Alternatively, one can use the commands “Insert” and “Symbol,” choose the blackened box, and then click “Insert.”

HIGH RISK ACTIVITIES

Hotel has committed to providing the room nights and function space, as applicable, set forth in this Agreement based on information about the event that UNMC College of Dentistry has given to the Hotel. UNMC College of Dentistry agrees that it has presented all material information required in order for Hotel to provide the rooms and facilities set forth in this

Agreement. Should Hotel, in its sole reasonable discretion, determine at any time that the Event will include a high-risk activity that was previously undisclosed to the Hotel (including by way of example, and not by limitation, biological agents, pyrotechnics, etc.), Hotel may terminate this Agreement immediately and without liability, upon written notice to UNMC

College of Dentistry.

ACCEPTANCE

When presented by the Hotel to UNMC College of Dentistry, this document is an invitation by the Hotel to UNMC College of Dentistry to make an offer. Upon signature by UNMC College of Dentistry, this document will be an offer by UNMC

College of Dentistry. Only upon signature of this document by all parties will this document constitute a binding agreement.

Unless the Hotel otherwise notifies UNMC College of Dentistry at any time prior to UNMC College of Dentistry’s execution of this document, the outlined format and dates will be held by the Hotel for UNMC College of Dentistry on a first-option basis until June 15, 2026. If UNMC College of Dentistry cannot make a commitment prior to that date, this invitation to offer will revert to a second-option basis or, at the Hotel’s option, the arrangements will be released, in which case neither party will have any further obligations.

Upon signature by both parties, UNMC College of Dentistry and the Hotel shall have agreed to and executed this Agreement by their authorized representatives as of the dates indicated below.

SIGNATURES

Approved and authorized by UNMC College of Dentistry:

Name: (Print) ______________________________________

Title: (Print) ______________________________________

Signature: ______________________________________

Date: ______________________________________

Approved and authorized by Hotel:

Name: (Print) Johnson Menezes

Title: (Print) General Manager

Date: ______________________________________

Approved and authorized by Hotel:

Name: (Print) Kyla Kosalka

Title: (Print) Sales Manager

Date: ______________________________________ 06/04/26 | 11:48 CDT

06/04/26 | 17:06 CDT

06/04/26 | 17:50 CDT

Lacey Rohe

Associate Vice Chancellor & Controller

Page 7 of 7 Version 1.0

Anti-Fraud Disclosure

Electronic communications such as email, text messages and social media messaging (“Unsecure Electronic Communication”), are neither secure nor confidential. While The Scarlet, Tribute Portfolio Hotel (the “Hotel”) has adopted policies and procedures to aid in avoiding fraud, even the best security protections can still be bypassed by unauthorized parties. Please be advised that the Hotel will never send you any Unsecure Electronic Communication changing the wire instructions originally provided to you from the Hotel or instructing you to provide nonpublic personal information, such as credit card or debit numbers or bank account and/or routing numbers via email, text message or social media message. Communications from the

Hotel requesting payment and/or signed authorization form will only come to you via a secure method such as Sertifi or

DocuSign.

YOU SHOULD NEVER TRANSMIT NONPUBLIC PERSONAL INFORMATION, SUCH AS CREDIT OR DEBIT CARD

NUMBERS OR BANK ACCOUNT OR ROUTING NUMBERS, BY UNSECURED ELECTRONIC COMMUNICATION.

EMAILS ATTEMPTING TO INDUCE FRAUDULENT WIRE TRANSFERS ARE COMMON AND MAY APPEAR TO

COME FROM A TRUSTED SOURCE. YOU SHOULD ALWAYS CALL THE SALES DEPARTMENT AT THE HOTEL

AT 531-300-6300 (NOT USING ANY PHONE NUMBER PROVIDED ON THE WIRE INSTRUCTION SHEET) TO

VERIFY ANY WIRE TRANSFER INSTRUCTIONS WITH PRIOR TO WIRING FUNDS.

If you receive any Unsecure Electronic Communication by changing the wire instructions or requesting you to provide nonpublic personal information via such Unsecure Electronic Communication, EVEN IF THAT ELECTRONIC

COMMUNICATION APPEARS TO BE FROM THE HOTEL, do not respond to it and immediately contact the Hotel to confirm that communication. Such requests, even if they may otherwise appear to be from the Hotel may be part of a scheme to defraud you by stealing funds from you or using your identity to commit a crime. To notify the Hotel of suspected fraud related to your event at the Hotel, contact: kkosalka@scarlethotelnebraska.com or at (531) 300-6312.

ACKNOWLEDGMENT: I/we have read this Anti-Fraud Disclosure and understand that the Hotel will never send me/us any electronic communication changing the wire instructions or instructing me to transfer funds or provide financial account numbers or other nonpublic personal information via electronic communication.

Client Signature (Date) Hotel Signature (Date)

06/04/26 | 11:48 CDT06/04/26 | 17:50 CDT

mailto:kkosalka@scarlethotelnebraska.com

Certificate Of Completion Envelope Id: 1DE81CFC-DA14-8F1B-8272-55732253C18C Status: Completed

Subject: CW45677 -SCARLET HOTEL SITE DEVELOP LEASE SIX LLC UNL COD August 2026

Source Envelope:

Document Pages: 14 Signatures: 7 Envelope Originator:

Certificate Pages: 5 Initials: 0 Melody Stark

AutoNav: Enabled

EnvelopeId Stamping: Disabled

Time Zone: (UTC-08:00) Pacific Time (US & Canada)

1400 R Street

LINCOLN, NE 68588

melody.stark@nebraska.edu

IP Address: 35.223.106.21

Record Tracking Status: Original

6/3/2026 3:38:59 PM

Holder: Melody Stark melody.stark@nebraska.edu

Location: DocuSign

Signer Events Signature Timestamp Kyla Kosalka kkosalka@scarlethotelnebraska.com

Sales Manager

Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style

Using IP Address: 209.50.26.70

Sent: 6/3/2026 3:45:09 PM

Viewed: 6/4/2026 11:47:58 AM

Signed: 6/4/2026 11:48:28 AM

Electronic Record and Signature Disclosure:

Accepted: 6/4/2026 11:47:58 AM ID: b6af1a3d-6468-426b-92be-136ea4bfa02f

Johnson Menezes jmenezes@davidsonhospitality.com

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 209.50.26.66

Sent: 6/4/2026 11:48:30 AM

Viewed: 6/4/2026 5:05:13 PM

Signed: 6/4/2026 5:06:29 PM

Electronic Record and Signature Disclosure:

Accepted: 6/4/2026 5:05:13 PM ID: bf0f823a-8437-4279-9ccb-65c17986dee4

Lacey Rohe laceyrohe@nebraska.edu

Associate Vice Chancellor & Controller

University of Nebraska

Security Level: Email, Account Authentication (None)

Signature Adoption: Pre-selected Style

Using IP Address: 153.66.71.24

Sent: 6/4/2026 5:06:31 PM

Viewed: 6/4/2026 5:50:01 PM

Signed: 6/4/2026 5:50:21 PM

Electronic Record and Signature Disclosure:

Accepted: 9/4/2025 12:17:27 PM ID: d59acc5c-0599-40d1-81a9-7087f09ef6a0

In Person Signer Events Signature Timestamp

Editor Delivery Events Status Timestamp

Agent Delivery Events Status Timestamp

Intermediary Delivery Events Status Timestamp

Certified Delivery Events Status Timestamp

Carbon Copy Events Status Timestamp Cathy rutt cjrutt@unmc.edu

Security Level: Email, Account Authentication (None)

Sent: 6/3/2026 3:45:08 PM

Viewed: 6/3/2026 3:50:59 PM

Electronic Record and Signature Disclosure:

Not Offered via Docusign

Melody Stark melody.stark@nebraska.edu

Sourcing Agent

University of Nebraska

Security Level: Email, Account Authentication (None)

Sent: 6/4/2026 5:50:23 PM

Electronic Record and Signature Disclosure:

Accepted: 11/13/2023 10:42:36 AM ID: f6be8008-ef45-4d6e-b4e3-5c6f95447db3

Witness Events Signature Timestamp

Notary Events Signature Timestamp

Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/3/2026 3:45:08 PM

Certified Delivered Security Checked 6/4/2026 5:50:01 PM

Signing Complete Security Checked 6/4/2026 5:50:21 PM

Completed Security Checked 6/4/2026 5:50:23 PM

Payment Events Status Timestamps

Electronic Record and Signature Disclosure

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE

From time to time, NU Contracts+Ariba (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system.

Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature

Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies

At any time, you may request from us a paper copy of any record provided or made available electronically to you by us.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .