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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
Fields
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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disclosed pursuant to §§ 213.053 and 213.0535, Fla. Stat. (2015), but shall not <br />make disclosures of information permitted by, but not required to be disclosed <br />by such statutes. In the event of a mandatory disclosure of such information <br />the Tourist Tax Collector agrees to provide advance written notice not less <br />than ten days prior to any such disclosure to the attention of Airbnb's General <br />Counsel via e-mail (le p <br />,al'i��airbiib.com). <br />(ii) For the avoidance of doubt, any and all data provided to the Tourist Tax <br />Collector by Airbnb in furtherance of meeting its obligations assumed under <br />this Agreement, including but not limited to data provided on tax returns <br />and/or reports and data provided pursuant to an audit by the Tourist Tax <br />Collector, shall not be shared with any other governmental agency, department <br />or division of the County of Indian River or any other jurisdiction, including <br />but not limited to federal, state or local, except for the purposes of enforcement <br />of a tax obligation and only if such inter -agency sharing is required by law. <br />(iii) The Tourist Tax Collector agrees that it will inform any and all relevant <br />employees of this obligation and that it will instruct each to abide by the <br />confidentiality provision contained in this Section (U). <br />(V) RELATIONSHIP OF THE PARTIES. The Parties are independent contractors. This <br />Agreement does not create nor is it intended to create a partnership, franchise, joint venture, <br />agency, fiduciary, or employment relationship between the Parties. There are no third -party <br />beneficiaries to this Agreement, <br />(W) WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either Party <br />in exercising any right under this Agreement shall constitute a waiver of that right or any other <br />right. Other than as expressly stated herein, the remedies provided herein are in addition to, and <br />not exclusive of, any other remedies of a Party at law or in equity. <br />(X) FORCE MAJEURE. Neither Party shall be liable for any failure or delay in <br />performance under this Agreement (other than for delay in the payment of money due and <br />payable here -under) for causes beyond that Party's reasonable control and occurring without that <br />Party's fault or negligence, including, but not limited to, acts of God, acts of government, flood, <br />fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Airbnb <br />employees), computer attacks or malicious acts, such as attacks on or through the Internet, any <br />
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