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2016-046C
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2016-046C
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Last modified
10/17/2016 2:23:56 PM
Creation date
8/8/2016 11:17:32 AM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/22/2016
Control Number
2016-046C
Agenda Item Number
9.A.
Entity Name
AIRBNB Inc.
Clerk of Court
Subject
Tourist Development Tax Collection
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'Fax Collector's authority to hold such Guest or Host responsible for any applicable TDT, <br />penalties and interest for which they may be liable, including, but not limited to, civil and <br />criminal penalties arising from inaccurate, false or misleading representations made to Airbnb or <br />the Tourist Tax Collector by such Guest or l lost, whether or not such representations were, in <br />fact, relied upon by Airbnb or the Tourist Tax Collector in complying with its responsibilities <br />under this Agreement. <br />WAIVER OF LOOK -BACK <br />(K) The terms of this Agreement shall be prospective only as of the Effective Date and <br />the County expressly releases, acquits, waives and forever discharges Airbnb, its current or past <br />affiliated parent or subsidiary companies, directors, shareholders investors, employees and other <br />agents, and/or Hosts or Guests from any and all actions, causes of action, indebtedness, suits, <br />damages or claims arising out of or relating to payment of and/or collection of TD -For other tax <br />indebtedness, including but not limited to penalties, fines, interest or other payments relating to <br />TDT on any Booking Transactions completed on the Platform prior to the Effective Date. <br />Nothing contained in this Paragraph or in this Agreement shall impair or prevent the County <br />from collecting alleged indebtedness related to TDT for transactions completed through any <br />means, method, device or platform other than the Platform. Nothing contained in this Paragraph <br />of this Agreement will constitute a release or waiver of any claim, cause of action or <br />indebtedness that the County may have or claim to have against any Host or Guest unrelated to <br />TDT or the matters released herein. <br />NOTIFICATION TO GUESTS AND HOSTS <br />(L) Airbnb agrees, for the purposes of facilitating this Agreement, and as required by its <br />TOS, that it will notify (i) Hosts that TDT will be mandatorily collected and remitted to the <br />Tourist Tax Collector as of the Effective Date pursuant to the terms of this Agreement, and (ii) <br />Guests and Hosts of the amount of TDT collected and remitted on each Booking Transaction. <br />Additionally, the Parties agree that Airbnb may, at its discretion, notify Hosts of the specific <br />provisions of paragraphs (1), (J) and (K) of this Agreement. <br />PROSPECTIVE TAX TREATMENT <br />(M) Collection and remittance of TDT under this Agreement shall begin on the Effective <br />Date. <br />
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