2016-046C - Laserfiche WebLink

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completed Booking Transactions for occupancy of accommodations located in the County between a Guest and Host Who use the Platform. For the avoidance of doubt, this Agreement to collect shall not extend to any period or transaction prior to the Effective Date or after the termination of this Agreement or to any user's transaction completed, through any means, method or platform, other than the Platform, REMITTANCE OF TDT (D) Airbnb agrees to reasonably report aggregate information on the tax return form prescribed by the "Tourist Tax Collector, including all TDT that is subject to the provisions of this Agreement, and it shall remit all TDT collected from Guests in accordance with this Agreement and the TOS and evidenced on such returns in the time and manner described in the Code or as agreed between the Parties in writing. For the avoidance of doubt, except as may expressly be agreed to herein, Airbnb does not agree to produce personally identifiable information on users of the Platform pursuant to tax collection that is the subject of this Agreement. AIRBNB LIABILITY (E) On a prospective basis upon the Effective Date of this Agreement, and during any period in which this Agreement is in effect, in accordance with the terms of this Agreement, Airbnb agrees contractually to assume liability for any failure to report, collect and/or remit the correct amount of TDT, including, but not limited to, penalties and interest, lawfully and property imposed in compliance with law. Nothing contained herein nor any action taken pursuant to this Agreement, including but not limited to the collection or remittance of TDT, shall impair, restrict or prevent Airbnb from asserting that any TDT and/or penalties, interest, fines or other amounts assessed against it were not due, are the subject of a claim for refund under applicable law or enforcing any and all rights accorded to it pursuant to law. (F) During any period in which this Agreement is in effect, and Airbnb is not in breach of its obligations under this Agreement, then with respect to Booking Transactions covered by this Agreement, the Tourist Tax Collector agrees to audit Airbnb on the basis of TDT returns and supporting documentation filed by Airbnb with the Tourist Tax Collector and shall not directly or indirectly audit any individual Guest or Host relating to such Booking Transactions unless and until an audit of Airbnb by the Tourist Tax Collector has been exhausted with the matter unresolved.