GRADUATE HOTELS 2-14-26.pdf

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CN NE|46273
Contract number
46273
Issued by
Nebraska

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Graduate Bloomington Group Agreement Summary

This Group Agreement is a hotel accommodations and event services contract between The Board of Regents of the University of Nebraska University of Nebraska Athletics (Group) and Graduate Bloomington hotel located in Bloomington, Indiana (Hotel). The agreement was created on October 15, 2025, and establishes the terms for hosting the Nebraska Wrestling event scheduled for February 14-15, 2026, at the Graduate Bloomington property. The contract is governed by Indiana law and specifies that it remains on a tentative basis until formal written notification of acceptance is provided by Nebraska Wrestling no later than Wednesday, October 29, 2025.

The agreement commits Group to reserve 11 graduate queen rooms at $139.00 per night, with room and tax charges to be master-billed to the Group. The hotel will provide complimentary meeting space with audiovisual services and parking as special concessions. The Food and Beverage Minimum is listed as $0.00, and the total anticipated event revenue from the room block is $1,529.00, which does not include administrative charges, service charges (currently 24%), taxes, or fees. Group must provide final guest attendance count no later than 12:00 PM three days prior to the event. Cancellation penalties apply on a sliding scale ranging from 25 percent of total revenue ($382.25) if cancelled 180 days in advance to 100 percent ($1,529.00) if cancelled 29 days or less in advance. However, the hotel waives all cancellation penalties if the athletic competition is cancelled, rescheduled, moved more than 30 miles away, or if the hotel becomes unable to provide banquet meals. A 10 percent commission on room rates will be paid to meeting planner 15517445 (7 percent via FastPay and 3 percent by invoice) following full event payment. The group is responsible for obtaining $1,000,000 general liability insurance and must comply with all applicable federal, state, and local laws.

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SERVICE CHARGE: A service charge Service Charge , currently 24%, will be applied to the subtotal of all charges related to the Event (i.e., food and beverage, audio visual, room rental, rentals, etc.), and will be subject to all applicable state and/or local tax. Notwithstanding the foregoing, the prevailing Service Charge at the time of the Event will be applied to the final bill. The Service Charge is not a gratuity or tip for Hotel staff and is the property of the Hotel to cover discretionary costs of the Event and may be changed to reflect market conditions.

FOOD AND BEVERAGE MINIMUMS: Based on the Event agenda set forth above, and by agreement of the Parties, Group acknowledges and agrees that it shall be required to spend a minimum of in food and beverage Food and Beverage charges for the Function (such amount, F&B Minimum Guaranteed Amount . The F&B Minimum is exclusive of taxes or service charges, including without limitation, the Service Charge, room rental, meeting space rental, prevailing administrative charges, labor or audio/visual charges, additional electrical needs, parking and/or any other miscellaneous charges incurred by Hotel or Group for the Event. Group is required to pay Hotel the full Guaranteed Amount, regardless of whether Group actually charges or incurs that amount, and Group shall also be required to pay Hotel any amounts exceeding the Guaranteed Amount.

Guest Guests Commitment identified above or if Guest holds the Event, but does not generate the F&B Minimum (whether due to Cancellation of the Event, reduced attendance of such Event or otherwise), then Hotel will be harmed, and that the precise amount of such harm would be difficult to calculate. Therefore, the Parties agree that if the Event is held, but less than the F&B Minimum is

Food and Beverage Revenue rvice Charge, tips, tax, audio-visual, parking or any other miscellaneous charges, then Group shall pay Hotel, as liquidated damages and not as a penalty, an amount equal to the difference between the F&B Minimum and the actual Food and Beverage Revenue ge Food and Beverage Performance Fee added to the Master Account as a meeting room rental fee.

Master Account by Group to Hotel under any provision of this Agreement. At least forty-five (45) days before the Event Date, Group will identify to Hotel, in writing, at least one representative of Group who will be present on the premises of Hotel throughout the Event (each such representative, an Authorized Representative

The Room Night Commitment, Function Space reservations and F&B Minimum listed above will be considered definite commitments upon signing of this Agreement by both Parties and will be subject to all of the Graduate Terms and Conditions set forth on the following pages. Group will be asked to sign Event Orders confirming the details of the Event.

[Remainder of Page Intentionally Blank. Agreement Continues.]

GRADUATE TERMS AND CONDITIONS

Terms

RESERVATIONS: Group and each Guest, by accepting a Revenue Room Night reservation with Hotel, acknowledges and agrees that Revenue Room Night reservations for the Event must be made by: no later than Thursday, January 29, 2026 Cutoff Date . After the Cutoff Date Group and Guests acknowledge and agree that Hotel shall be permitted to release, for sale to the general public or to other groups, any Revenue Room Nights in the Room Block that have not been reserved as provided in this and Guests after the Cutoff Date at the prevailing room rate, subject to availability, at which time the Group Room Rate may not be available, and Group acknowledges and agrees that any reservations made after the Cutoff Date cannot be guaranteed by Hotel to be at the Group Room Rate set forth above.

-booked sleeping rooms in the Room Block by guarantying payment for those sleeping rooms either by making a deposit in the full amount of the Room Night Commitment at the Group Room Rates plus taxes or, if Hotel has extended credit to Group, by agreeing in writing to have those amounts posted to Master Account.

Please initial below to approve the following billing instructions:

Room and tax: To master bill

Incidental charges: N/A

Without billing instruction approval, Group acknowledges and agrees that any and all room and tax charges will be charged to

COMMISSION / THIRD PARTY PAYMENTS: Hotel will pay a commission of 10% of the applicable room rate (excluding any attendees that was reserved as part of the established Room Block at the negotiated group room rates contained in this Agreement. Commission will be paid to 15517445 both Group and Meeting Planner that commissions are to be paid to some other person or entity. Payment will be made after receipt by the Hotel of full payment for the Event, but Hotel has no obligation to take any action to collect funds to be paid as

FastPay terms and conditions in effect at time of payout.

FastPay hotels in the United States. No commission payments will be paid to the Meeting Planner for revenue received by Hotel from individual cancellation fees or no-show charges, discounted staff rooms, cancellation damages or sleeping room performance damages. If no third party meeting planner is used, commission will not be paid to the Gro determining whether further disclosure of the commission is required and for making such disclosure if it is required.

7% must be submitted via FastPay, 3% invoice submitted to Hotel directly.

CANCELLATION: The favorable Group Room Rates and Event rates offered by Hotel are based in part upon the total gross revenue reasonably anticipated by Hotel from agreement to use and pay for the (Y) Room Block and (Z) Meeting Space and/or convention space for the Event listed in the Agreement. Group and each Guest, having consulted with legal counsel of its and their own respective choosing, hereby acknowledge, agree and understand that in the event of a cancellation of the (x) Agreement, (y) Event and/or (z) Room Block or lack of full performance by Group and/or any Guest under the Agreement, actual damages would be difficult, if not impossible, to determine. Therefore, Group and each Guest agrees to pay reasonable liquidated damages to the Hotel for cancellation or lack of performance as described herein.

Cancellation damages will be calculated as a percentage, based on the date of cancellation listed below (such date, the Cancellation Date , of total anticipated gross revenues from all contracted sleeping Revenue Room Nights, the F&B

Minimum and Meeting Space rental cost listed in the Agreement, which liquidated damages calculations Group and each

Guest acknowledges are fair and reasonable, and not a penalty or punitive, given the circumstances and considering the

The following table contains an estimate (which the Parties acknowledge and agree is reasonable and fair) of the revenue to be generated from the Event and Room Block. The table itself is not intended to warrant that the Event or Room Block will generate these amounts of revenue. Neither is the table intended to prevent the Hotel from generating more than these amounts of revenue from the Event or Room Block.

Summary of Revenue Anticipated by Hotel from the Event F&B Minimum Revenue $0.00 Event Space Rental $.00 Room Block Revenue $1,529.00 Total Anticipated Event Revenue** $1,529.00 **This figure does not include administrative charges, service charges (including, without limitation, the Service Charge) taxes or fees for services by any authorized outside vendors.

Group acknowledges that if it cancels or otherwise substantially abandons the Event and/or the Room Block Cancellation the Hotel will be significantly harmed. Group further acknowledges that the later the Group notifies Hotel of a Cancellation, the more harm Hotel will likely incur, because Hotel will have less time to mitigate its damages by marketing the sleeping Revenue Room Nights and Function Space the Group abandoned to other customers and individual guests. Group also acknowledges

Parties agree nother hotel or resort), then

Group shall pay Hotel, as liquidated damages and not as a penalty, the applicable amount identified below, plus any applicable Cancellation Fee

Cancellation Date Percentage of Total Revenue Owed Cancellation Date Percent of Total

Revenue Owed Amount

180 days in advance of 25% $382.25 179 days to 60 days in advance of 50% $764.50 59 to 30 days in advance of 75% $1,146.75 29 days or less in advance 100% $1,529.00

Group must provide Hotel any notice of a Cancellation in writing. If Group does not provide written notice of any Cancellation, then Hotel may assess any higher Cancellation Fee owed under the above schedule at the time it receives written confirmation of the Cancellation or the highest amount identified above if it receives no written confirmation. The Parties agree that the will and shall be due and payable immediately upon Cancellation.

Hotel acknowledges and agrees that Group (Nebraska Wrestling) is traveling to compete in an athletic competition scheduled for 2/14/26 2/15/26 at Indiana University. Should any one of the following occur it would make it impossible for Group to travel:

Athletic competition scheduled for 2/14/26 2/15/26 at Indiana University is cancelled, rescheduled, or moved more than 30 miles away for any reason.

Hotel becomes unable to provide banquet meals.

All parties agree that if either the visiting team, Group, or the home team, Indiana University, must withdraw from the competition/football game due to the protocols outlined and mandated by the governing conference regarding positive COVID test ratios or state/local regulation then the game is considered cancelled.

In the event, any of the above occur, Hotel will allow Group to cancel revenue room nights without penalties, fees, or liquidated damages, and a full refund will be issued to Group for any revenue room nights payments. Hotel will seek reimbursement for costs incurred by the hotel should cancellation of agreed upon food and beverage be received after the Event Deadline .

ATTRITION: If Group's actual usage Actual Usage slips below (y) 80% of the Room Night Commitment per night or

(z) 100% of the F&B Minimum, Group agrees to pay, as liquidated damages and not as a penalty, the difference between

(y) 80% of the Room Night Commitment and Group's Actual Usage, multiplied by the average Group Room Rate and (z) 100% of the of F&B Minimum and the actual Food and Beverage Revenue.

remedies available to Hotel under this Agreement or in law or in equity.

AUDIO VISUAL: Audio-visual services must be purchased through the Hotel or its preferred service provider. Group acknowledges and agrees that bringing in a third-party audio-visual provider or own equipment will result in additional charges. Group must obtain advance written approval from Hotel before Group, or any Contractor (as defined below), may set up its own equipment, displays or facilities for any Function. Group and/or any such Contractor shall coordinate all such deliveries/set ups with sufficient advance written notice to Hotel. Group will be responsible for, pay to repair and shall indemnify Hotel for any damage that Group, or its employees, agents or any Contractors, causes to persons or property within the Hotel arising out of or related to any property brought to the Hotel by Group or any Contractor or by setup or operation of any equipment, facilities or displays on the premises of Hotel by Group or any Contractor.

PARKING: The Hotel will provide Group with information regarding parking at the Hotel for overnight guests as well as event only Guests. Parking fees will be charged at the prevailing rate at the time of the Event. Oversized vehicle or bus parking can be arranged in advance with the Hotel based upon then current availability which may require additional charges.

MENUS: Catering menus, Event Space arrangements and other details pertinent to Event Details must be received by Hotel at least thirty (30) days prior to the Event Date Menu Deadline . Upon receipt of all necessary and/or incidental Event Details, the Hotel will prepare a Banquet Event Order (each BEO and collectively the BEOs ) outlining these arrangements for approval. Food and Beverage prices therein shall be quoted exclusive of any applicable taxes and service charge. Group shall be responsible for all such taxes and service charge.

Group must submit final menu selections to Hotel no later than the Menu Deadline, otherwise items selected cannot be guaranteed. At the time final menu selections are made, Group shall review, approve and initial the final menu BEO(s). All BEOs must be signed and returned to the Hotel Sales and Catering Manager with whom Group has been working no later than four

(5) business days prior to the Event and will be considered the final contract for the execution of the Event. If Group fails to respond by the Menu Deadline to any menu proposals submitted by Hotel to Group, then Hotel may (a) deem as approved by Group any menu proposals it has submitted to Group or, (b) if Hotel has not submitted any such proposals, make its own selections. Other than specifically stated in the approved menu or otherwise agreed in a separate writing signed by Group and an authorized representative of Hotel, Hotel will not be responsible for any specific dietary requests or requirements.

Group acknowledges and agrees that t an outside source and all Food and Beverage items must remain on the Hotel property. Unless otherwise agreed by the Parties in advance and in writing, all Food and Beverage served at the Hotel must be supplied and prepared by the Hotel. In addition, no remaining Food or Beverage shall be removed from the Hotel. At the conclusion of the Function, such Food and Beverage shall become the property of Hotel. For the avoidance of doubt, wedding cakes or other approved desserts provided by licensed

PRICE INCREASES & ADDITIONAL CHARGES: Unforeseen changes in market conditions may require an increase in goods provided at the time of the Event. Hotel will endeavor to advise Group of these increases as far in advance as reasonably practical. Alternatively, Hotel, at its option, may in such event make reasonable substitutions in menu items and Group agrees to accept such substitutions. If there are extensive function room set-ups, requests to change the setup once the agreed upon equipment is in place or elaborate staging is required, Hotel may charge additional set-up fees additional labor shall pay for the cost of renting such additional equipment. If any rigging is required, it must be arranged through the Hotel and Group shall be responsible for all rigging costs.

Access to the function space(s) reserved in this agreement will be provided to the group a minimum of two hours prior to the event start time. Earlier access or advance setup may be arranged with the Hotel and is subject to additional rental or set-up fees.

ROOM ASSIGNMENTS: Function rooms are assigned according to the expected Guest Commitment count and set up requirements at the time of booking. The Hotel reserves the right to transfer the Event to a more appropriate space as it deems necessary.

SHIPPING & RECEIVING: If Group will be shipping packages to Hotel, Group must notify Hotel at least one week in advance.

-site representative, the name of the Group Event, the name number of items contained in the package on each label. Each package should arrive no earlier than three (3) days before the Arrival Date. Hotel reserves the right to add storage fees to Master Account for any packages (y) that arrive earlier or (z) in excess of three (3) packages.

DECORATIONS: Group acknowledges and agrees that (y) nothing may be attached to the walls, floor, or ceiling of the Hotel with nails, staples, carpet tape or other hardware or materials that may cause damage and (z) Hotel does not permit the use of glitter, confetti, or birdseed at the Hotel Decoration Policy ). The Hotel reserves the right to assess cleaning charges based upon violations of the Decoration Policy.

OUTSIDE CONTRACTORS: If Group intends to use the services of any contractor, companies, firms, agencies, individuals and/or groups (any such companies, firms, agencies, individuals and/or groups, individually or collectively as the context may require, Contractors vices within the Hotel before, during or after the Event (including, without limitation, security companies, decorators, florists and/or audio-visual service providers), Group shall provide written notice to Hotel at least sixty

(60) days before the Arrival Date identifying the Contractor(s), and the Contractor(s) shall not be allowed onto the premises of

Upon prior written notice to the Hotel, which shall be received by Hotel at least ten (10) days prior to the Event, from Group, Hotel shall reasonably cooperate with such and provide such Contractors with facilities at the Hotel to the extent that the use and occupancy of such facilities by the Contractors does not interfere with the use and enjoyment of the Hotel premises by other guests or invitees of the Hotel. all Contractors shall specify that Contractors and the Group shall be obligated to indemnify and hold Hotel harmless from any and all damages or liabilities which may arise by such Contractors or through their use. Any Contractor working at Hotel is required to carry and maintain (y) ation insurance in statutory amounts and (z) comprehensive general public liability insurance covering automobile, personal injury and property damage with single limits of not less than One Million and 00/100 Dollars ($1,000,000.00) per person per occurrence.

named as an additional insured under such policy. Proof of coverage with the Hotel named as additional insured must be provided at least thirty (30) days prior to the Event. Such insurance shall be primary and not contributory with Hotel. Nebraska Wrestling bears all responsibility for the payment of any charges incurred at the Hotel by its contractors.

If Hotel is required under any collective bargaining agreement, requirements contract or any other contract to incur any expense if a particular service provider or set of employees does not perform services that Group wishes to perform itself or to have performed by a Contractor, then Group shall be responsible for those expenses, which shall be added to Master Account. Hotel may require a representative of any Contractor invited to Hotel by Group to sign a release and indemnification agreement for the benefit of Hotel, in a form provided by Hotel and to provide evidence of insurance reasonably acceptable to Hotel. Hotel will provide Group a copy of its standard form for this purpose upon request.

GUARANTEES: Group must notify Hotel of the final Guest attendance count Final Guest Count for the Event no later than 12:00 PM (noon) (local time) at least three (3) days prior to the scheduled Event Date Event Deadline . Though the Final Guest Count number will not affect the minimum Total Revenue figure noted above, it will be the number the Hotel uses to prepare food for the Event. The Final Guest Count will be considered a guarantee for which Group will be charged, even if fewer Guests attend. If a Final Guest Count is not received by 12:00 PM (noon) on the date due, the original Guest Commitment, only. The Final Guest Count number may be increased after the Event Deadline, but the Final Guest Count number is the minimum Group will be charged for once it has been set. Group shall have no discretion to reduce the final attendance count for the Event after the Event Deadline, and Hotel will charge Master Account, at a minimum, the amount based on the guaranteed Guest Commitment attendance count. Group and the Guests acknowledge and agree that the Hotel will not be held responsible for service, accommodation or guaranteeing the same menu items for any increase received after the Event Deadline. Group and the Guests acknowledge and agree that additional charges may apply due to rushed or expedited ordering de multiple entrees and no Final Guest Count number is received, the Hotel will decide the number of each entrée to be served.

If Hotel, at its discretion, presents a copy of Master Account to an Authorized Representative of Group during the Event, the Authorized Representative shall review the Master Account before the end of the Event, and shall sign the Master Account if all charges therein are consistent with this Agreement or otherwise acceptable. Any such presentation or acceptance of the Master Account shall not prohibit Hotel from making later adjustments to the Master Account if such adjustments are consistent with this Agreement.

SECURITY: Hotel has no insurance for, and is not responsible for, any loss or damage to or ) property. Group and each Guest agrees Hotel will not be responsible for the safe-keeping of equipment, supplies, written material or other valuable items left in meeting rooms, sleeping rooms or anywhere else mises. Group and/or each applicable Guest is responsible for securing any such aforementioned items and hereby assumes responsibility for loss thereof. Group may not rely on any verbal or written assurances provided by Hotel staff, other than as provided in this Agreement. Property of Group is the sole responsibility of Group and/or its owner. Group warrants that it has procured sufficient or the property of any of its Guests, attendees or invitees. Hotel may, in its sole and absolute discretion, require additional de the assignment by Hotel of any additional security personnel employed by Hotel or supplied by a reputable licensed guard or security agency doing business in the city or county in which the Hotel is located (which may be the local police department), wh . Hotel may allow Group to retain an outside security service provider that is approved in writing by Hotel prior to the Event. If Group hires an outside service provider, Group must provide Hotel with a copy of its agreement with such service provider, which shall indemnify Hotel, its owner, its management company and each of their respective parents, subsidiaries and affiliates, and all of their respective owners, members, partners, directors, officers, employees, representatives and agents, from and against any liabilities related to the security services. Under no circumstances

Hotel may grant or withhold in its sole and absolute discretion. For the safety of persons and property, no fireworks or incendiary devices may be at or adjacent to the Hotel. Group agrees to comply with all applicable federal, state and local laws, including health and safety codes and federal anti-terrorism laws and regulations including all provisions of the Patriot Act and regulations of the U.S. Department of Homeland Security and the Office of Foreign Assets Control. Group agrees to fully cooperate with Hotel and any relevant governmental authority to ensure compliance with such laws.

INDEMNIFICATION & INSURANCE:

Group must protect/defend/indemnify Hotel, CHG, owner, etc.).] Group shall, except to the extent Group is prohibited by applicable law from making such indemnification based on sovereign immunity or similar statutory restrictions, indemnify, defend and hold harmless Graduate Hotels, Hotel, [_] (i.e. owner), management company (including, without limitation, Collegiate Hotel Group, LLC), each of their respective affiliates and all of their respective officers, directors, agents, owners, principals, partners, members and employees from and against all demands, suits, judgments, settlements, claims, damages to persons and/or property, fines, government charges, costs, liens, losses and/or other liabilities, including reasonable

Claims or related to the (y) negligence or intentional misconduct of the Group, any Guest, Group Contractors or exhibitors, or their respective employees, agents, contractors or attendees or (z) Event, except those claims arising out of the sole negligence or willful misconduct of the Hotel.

Group further agrees to obtain and keep in force General Liability Insurance covering the Event with limits of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence and to provide the Hotel with a certificate of insurance naming Hotel, Graduate Hotels, Collegiate Hotel Group, LLC and owner as an additional insured for the Event.

Hotel shall, except to the extent prohibited by applicable law, indemnify, defend and hold harmless Group from and against all Claims arising out of, connected to and/or related to the negligence or intentional misconduct of the Hotel or its employees, agents or contractors.

DAMAGE TO HOTEL PREMISES: To the fullest extent permitted by law, Group assumes full responsibility for and shall pay to repair any damage done to the Hotel during the Event or any setup for the Event or disassembly after the Event, to the extent that such damage is caused by any Guest, Group, its employees, invitees, agents, or Contractors, including any damage resulting from the installation, placement, and/or equipment, exhibits, or other items.

HARASSMENT: Ensuring the appropriate behavior of all Guests and other persons at the Event shall be the sole responsibility of Group. In the event Hotel or any of its affiliates, employees, agents, hotel management company employees or independent contractors experiences any inappropriate, threatening, hostile or offensive behavior from any Guest or other person at the Event (including, but not limited to, unwelcome sexual advances or verbal or physical conduct of a sexual nature) then Hotel shall be permitted to immediately end the Event, and Hotel shall be entitled to (y) retain all monies paid hereunder and

(z) collect the Total Revenues, and Group agrees to relieve and hold Hotel harmless.

DISTURBANCES: Group agrees that its use of the assigned Function Spaces will not create any unreasonable disturbance to other Hotel guests or meetings, such as, without limitation, excessive noise, smoke, fog or offensive smells. Neither Group nor its Contractors will use such features without advance approval of Hotel sole and absolute discretion.

representative of each party. For the avoidance of doubt, this Section shall not prevent Group from ordering particular or additional services from Hotel through a BEO or other document signed by an Authorized Representative of the Parties.

NO ASSIGNMENT: Neither party may assign or transfer this Agreement or any of its rights (other than rights to receive payments) or obligations hereunder without the written consent of the other party, unless the assignment is to an affiliate of the assigning party pursuant to an internal reorganization or acquisition of the assigning party, or the assignment is made to an without such consent may, at the option of Hotel, be deemed to be a Cancellation, in which case Group shall be liable for a Cancellation Fee set forth herein.

MISCELLANEOUS:

Group to make an offer. The Gro

This Agreement may be executed in one or more counterparts, which together shall constitute one and the same Agreement.

Signatures sent by facsimile or equivalent electronic means shall be deemed original, valid and binding signatures to this Agreement. Any handwritten changes to this document will not be binding unless initialed and dated by an authorized representative of both Parties.

Each person signing this Agreement warrants that he or she is authorized to bind the party for which he or she is signing, and the other party is relying thereon. Any provision of this Agreement that is deemed unenforceable shall be ineffective to the extent of such unenforceability without invalidating or rendering the remainder of this Agreement invalid. Unless the context otherwise requires, when used in this Agreement, the singular shall include the plural, the plural shall include the singular, and all pronouns shall be deemed to refer to the masculine, feminine or neuter, as the identity of the person or persons may require.

such words and any list of items that may follow such words shall not be deemed to represent a complete list of the contents of the referent of the subject. Section titles or captions in this Agreement are included for purposes of convenience only and shall not be considered a part of this Agreement in construing or interpreting any of its provisions. All references in this Agreement to Sections shall refer to Sections of this Agreement unless the context clearly otherwise requires. Hotel and Group have, with legal counsel of their choosing, participated jointly in the negotiation and drafting of this Agreement. If any ambiguity or question of intent or interpretation arises, no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. In the event any provision of this Agreement is found to be unenforceable, the remainder of this Agreement shall not be affected, and any provision found to be invalid shall be enforceable to the extent permitted by law. The parties agree that in the event two different interpretations may be given to any provision hereunder, one of which will render the provision unenforceable, and one of which will render the provision enforceable, the interpretation rendering the provision enforceable shall be adopted. Each party shall execute such other and further documents as may be necessary to carry out the intention as well as to comply with the provisions of this Agreement. The failure of either party to insist, at any time, on strict performance of any terms or conditions of this Agreement, or to exercise any option, right or remedy contained in this Agreement, shall not be construed as a waiver or as a relinquishment for the future of such term, condition, option, right or remedy. No waiver by either party of any term or condition hereof shall be deemed to have been made unless expressed in writing and signed by such party.

Notice. Notice and delivered in person, or sent by e-mail, with hard copies to follow by overnight delivery service or by postage prepaid mail or by reputable and traceable overnight delivery service or by postage prepaid registered or certified mail, to the respective addresses for Group and Hotel set forth below. A Notice sent in compliance with this paragraph shall be deemed delivered upon the first to occur of (i) the date of actual receipt by mail or e-mail, (ii) the third (3rd) business day after posting or (iii) the date of refusal to accept delivery. Each Notice and other communications required or permitted to be given hereunder shall be given to the applicable party at the address set forth below:

Guest: The Board of Regents of the University of Nebraska University of Nebraska Athletics

1600 Court Street Room 342

Lincoln, Nebraska 68588-0601

Email: matthewgauci@anthonytravel.com

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