Tim Cummings
July 23, 2018
e Pinnacle shall not be required to give testimony or appear in court or at a deposition by
reason of this assignment, with reference to the property in question unless arrangements
have been made previously therefore.
e Pinnacle shall not have responsibility to update its findings or analysis regarding the Project
to take into account changes in market or other conditions that occur subsequent to the
completion of its fieldwork. Rather, Pinnacle’s work shall be deemed completed as of the
date of its last report.
e Client shall indemnify, defend and hold harmless Pinnacle from and against all claims,
liabilities, damages, costs and expenses of any nature suffered or incurred by Pinnacle
(including, without limitation, reasonable attorneys’ fees) arising out of or in connection with
Pinnacle’s work under this Agreement. This provision shall survive termination or expiration
of this Agreement.
e Pinnacle shall use its expertise and best efforts in order to analyze the viability of the
proposed Project. However, it is understood and agreed that there are many factors that
may impact the success or failure of a business including those that are beyond the control of
any party such as general economic conditions, force majeure, acts of war or terrorism,
weather events, work stoppages, etc. As such, it is understood and agreed that nothing
contained in any work prepared by Pinnacle should be construed or considered as a
guarantee of actual performance of the Project and Pinnacle expressly disclaims any liability
therefore.
e Pinnacle agrees to maintain strict confidentiality with respect to records, documents,
findings, or recommendations associated with the engagement.
® Pinnacle’s work hereunder shall not be construed as offering any advice or opinions on
whether to invest, lend or otherwise financially participate in the Project. Any business
decisions made regarding whether to invest, lend or otherwise financially participate in the
Project shall be the sole decision of the person so lending, investing or financially
participating.
e Pinnacle prohibits the use of its work product, or the name of Pinnacle Advisory Group in any
financing document, investment or offering materials without its prior written consent. No
work of Pinnacle may be used to solicit investors in the Project.
e Pinnacle Advisory Group regularly performs consulting engagements for a wide range of
hospitality industry clients, including both owners and managers of hotels. From time to time
Pinnacle Advisory Group may be engaged to represent clients whose interests are engaged in
the same market as the Project or whose interests may be adverse to Client. By signing this
agreement, you agree to waive any past, present or future conflicts related to Pinnacle’s
work for other hotels in competition with the Project or whose interests may be adverse to
Owner
@ Pinnacle Advisory Group will not use your name, trademarks or logo for any purpose without
your prior written consent.
Pinnacle Advisory Group
