Common use of Group History/Manager’s Discretion Clause in Contracts

Group History/Manager’s Discretion. Manager may request from the Potential Convention Center Customer that each Room Block Request be supported by a documented history of the Potential Convention Center Customer’s room block requirements for the same event that may have occurred in a different venue for the most recent two (2) years of the past five (5) year period, provided that the Potential Convention Center Customer has held the same event in a different venue during such period. Such history shall include for each event during such period (i) the dates and place (city and hotels) of each event during such period, (ii) for each event booked by the Potential Convention Center Customer during such period, the approximate day-by-day rooms occupied, including peak night room pick-up, and (iii) a comparison of room block commitments for each event and the approximate rooms occupied in total pursuant to such room block commitments, and on a daily basis. If the historical data reflects that the aggregate occupied room nights by the Potential Convention Center Customer are less than 60% of the reserved room nights for the applicable events, then Manager may elect not to issue a written offer of a Room Block Commitment, unless the refusal to accommodate is illegal, or the Sales Representative can demonstrate that the number of rooms requested in the Room Block Request is supported by other factors. In addition if Manager can demonstrate that the Potential Convention Center Customer has a documented history of causing property damage or having poor credit; or would cause a violation or default under the terms of the Management Agreement, Manager may refuse to issue a Room Block Commitment in favor of a Potential Convention Center Customer. Notwithstanding anything to the contrary herein, if Manager chooses to exercise the discretion provided under this paragraph 3.01(b), Manager will, within five (5) Business Days, provide a written explanation or “show cause” to the Potential Convention Center Customer or Sales Representative of the basis for its refusal to offer to commit rooms and if the Sales Representative provides supporting history or other documentation to support the Room Block Request within five (5) Business Days, Manager agrees not to withhold its approval unreasonably. The County acknowledges that Manager may not violate any federal, state, or local privacy laws or other contractual commitments in providing a written explanation of its rejection of a Room Block Request. In the event the Sales Representative fails to provide such supporting history or other documentation as required and such supporting history or other documentation is reasonably available, Manager shall be under no obligation to commit or make a quote with respect to any such Room Block Request.