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Agmt18 AIRBNB, Inc.
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Agmt18 AIRBNB, Inc.
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Last modified
7/16/2018 5:16:08 PM
Creation date
7/16/2018 5:13:42 PM
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Template:
Agreement
Contractor Name
AIRBNB, Inc.
PROJECT NAME
Voluntary Collection Agreement
RMP File Number
304
Date
7/3/2018
MO Ref
18-091
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NOTIFICATION TO GUESTS AND HOSTS <br />(J) Airbnb agrees, for the purposes of facilitating this Agreement, and as required by its <br />TOS, that it will notify (i) Hosts that TOT will be collected and remitted to the Taxing Jurisdiction <br />as of the Effective Date pursuant to the terms of this Agreement; (ii) Guests and Hosts of the <br />amount of TOT collected and remitted on each Taxable Booking Transaction; and (iii) Hosts that <br />this Agreement shall not be construed as relieving any Host of any other obligations or <br />requirements to comply with applicable rules and regulations. <br />LIMITATION OF APPLICATION <br />(K) This Agreement is solely for the purpose of facilitating the administration and <br />collection of the TOT with respect to Taxable Booking Transactions and, except with respect to <br />the rights and liabilities set forth herein, the execution of or actions taken under this Agreement <br />shall not be considered an admission of law or fact or constitute evidence thereof under the Code <br />or any other provisions of the laws of the United States of America, of any State or subdivision or <br />municipality thereof. Neither Party waives, and expressly preserves, any and all arguments, <br />contentions, claims, causes of action, defenses or assertions relating to the validity or interpretation <br />or applicability of the Code, regulations or application of law. <br />DURATION/TERMINATION <br />(L) This Agreement may be terminated by Airbnb or the Taxing Jurisdiction for <br />convenience on 30 days' written notification to the other Party. Such termination will be effective <br />on the first day of the calendar month following the 30 day written notification to the other Party. <br />Any termination under this Paragraph shall not affect the duty of Airbnb to remit to the Taxing <br />Jurisdiction any TOT collected from Guests up through and including the effective date of <br />termination of this Agreement, even if not remitted by Airbnb to the Taxing Jurisdiction as of the <br />date of termination. <br />MISCELLANEOUS <br />(M) CHOICE OF LAW. This Agreement, its construction and any and all disputes arising <br />out of or relating to it, shall be interpreted in accordance with the substantive laws of the State of <br />California without regard to its conflict of law principles. The Parties agree that any dispute arising <br />out of or relating to this Agreement shall be heard exclusively in the Superior Court of California <br />for the County of San Mateo or the United States District Court for the Northern District of <br />California. <br />ATTY/AGR/2018.075/AIRBNB AGREEMENT <br />REV: 04-27-18 PR <br />Page 4 of 7 <br />
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