2016-046C - Laserfiche WebLink

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LIMITATION OF APPLICATION (N) This Agreement is solely for the purpose of facilitating the administration and collection of the TDT with respect to Booking Transactions and, except with respect to the rights and liabilities set forth herein, the execution and implementation of this Agreement by the Parties, including but not limited to, the collection and/or remittance of TDT, shall not be considered an admission or evidence of any issue of law or fact arising under the Code or any other provisions of the laws of the United States of America or of any State, county or municipal entity thereof. By entering into or acting pursuant to the terms of this Agreement, including but not limited to collecting and/or remitting TDT, Airbnb does not waive, and expressly preserves, any and all arguments, contentions, claims, causes of action, defenses or assertions to, without limitation, (i) contest the validity of any construction of the Code that extends beyond the express terms of the ordinance; (ii) contest that Airbnb is an operator, vendor, or any other entity responsible for the operation of an accommodations business subject to regulation or to the collection or remittance of TDT, or (iii) contest that Airbnb charges, collects, receives or otherwise comes into possession of taxable consideration or that a third party is occupying an accommodation subject to tax. MODIFICATIONS (0) No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. DURATION/TERMINATION (P) This Agreement shall apply to Booking Transactions made on or after the Effective Date and shall remain in effect unless terminated in accordance with paragraph (Q) below. (Q) This Agreement may be terminated by Airbnb or the Tourist Tax Collector for convenience, provided that proper notice is given. Proper notice for the purposes of this paragraph means at least 30 days' written notification to the other party by certified or registered mail and, in the case where Airbnb is the party seeking to terminate the Agreement, at least 30 days e-mail notification to each Host offering accommodations in the County through Airbnb's Platform that Airbnb will no longer be collecting and remitting TDT for Booking Transactions subject to this Agreement. Any termination under this paragraph shall not affect the duty of Airbnb to remit to the Tourist Tax Collector any TDT collected from Guests up through and 0