What is Camp Margaritaville's obligation to provide access to a CRM system?

pursuant to these CRS Terms of Use.

2. Margaritaville Undertakings.

• A. Margaritaville, through its CRS Supplier, shall use commercially reasonable efforts to ensure CR System availability over the Internet twenty-four hours a day, three hundred sixty-five days a year excluding downtime for maintenance, GDS and Switch outages, telecom provider failures and events of Force Majeure, and per Attachment B – Service Level Agreement. Customer acknowledges that the foregoing performance obligations are provided by Margaritaville to Customer on a pass-through basis based upon terms and conditions provided to Margaritaville by its underlying central reservations systems supplier (the "CRS Supplier"), and that Customer's rights with respect thereto shall be limited to the rights, benefits and privileges accorded to Margaritaville by the CRS Supplier.
• B. The CR System provides a Property Management System ("PMS"), booking engine and channel manager. Additionally, it connects via interface to Revenue Management Systems and Customer Relationship Management systems ("CRM's") that allow the electronic transfer of reservation and/or guest data from the CR System to the CRM system(s). Margaritaville intends to offer access to a CRM system, which shall be provided pursuant to the terms of an addendum or schedule hereto. Margaritaville, through its CRS Supplier, provides access to the PMS. Additional charges may apply for a nonstandard interface, and separate charges may be applicable for any technology solution that is not provided by Margaritaville or is not a Margaritaville preferred system. System providers also may assess interface implementation and maintenance charges. Customer acknowledges that the interface cannot become fully functional without the cooperation of Customer's system provider and that any target Operational Date for the interface is dependent upon the system provider's completion of functionality to receive and process data from Margaritaville and its CRS Supplier.
• C. Margaritaville, directly or through its CRS Supplier, will provide training, customer support and PMS Interface. Additionally, Margaritaville agrees to provide Customer with call center services pursuant to the terms and conditions of Attachment C to these CRS

Terms of Use, which services, shall be deemed to constitute a part of the CRS Services.

• 3. Term. The term of these CRS Terms of Use shall commence on the Effective Date and be coterminus with the Branding Agreement (the "Term") unless earlier terminated pursuant to Section 7 hereof. These CRS Terms of Use shall automatically terminate upon any termination of the Branding Agreement. Notwithstanding the foregoing, in the event that the CRS Supplier Agreement terminates for any reason, Margaritaville shall have the option, in its sole discretion, of terminating these CRS Terms of Use upon the lesser of: (a) sixty (60) days prior written notice; or (b) the termination period provided under the CRS Supplier Agreement (which shall not be less than 30 days). Margaritaville will give Customer prompt written notice if Margaritaville gives or receives a termination notice for the CRS Supplier Agreement. No termination fee will be owed by Customer if these CRS Terms of Use are terminated as provided in this Section 2.
• 4. Exclusivity. Customer agrees that the Property shall exclusively use the CR System for booking all reservations through the channels listed on Attachment A. In any event, Customer shall ensure that all reservation systems for the Property are synchronized to the fullest extent practicable through Customer's PMS and that the CR System interface connects with such PMS and the call center.
• 5. Fees and Fee Increases. Fees for the CRS Services shall be as detailed in Attachment A, attached hereto and incorporated herein by this reference. Commencing from Margaritaville's or its CRS Supplier's activation of Customer's account(s) at the Property, Customer shall be liable for all fees and charges to be incurred for the Property at the rates indicated at Attachment A in U.S. Dollars ($) for the CRS Services. Attachment A lists all applicable one-time set-up fees or other nonrecurring charges for the Properties when they are initially implemented to the CR System. Properties may be added to these CRS Terms of Use via addendum and payment of any application set-up fees shall be due when invoiced after implementation. Customer understands that Margaritaville may increase pricing for all costs set forth herein on a systemwide basis by up to five percent (5%) on an annual basis. Margaritaville shall provide Customer an updated schedule of fees annually.

6. Third Party Fees and Fee Increases.

• A.

Source: Item 23 — RECEIPTS (FDD pages 72–406)