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Rules of engagement on the cooperation with Stichting Hotel Claims Alliance

You (‘you’ meaning both the Assignor as well as the relevant Hotel(s) within the meaning of the agreement and deed of assignment) wish to cooperate with the Stichting Hotel Claims Alliance (‘HCA’) in relation to the pursuit and recovery of the Claim (within the meaning of the agreement and deed of assignment) by the HCA.
In relation to the Claim and the pursuit thereof, HCA may inter alia carry out (or have carried out) one or more of the following activities with a view to achieving a recovery of the Claim, if and to the extent that HCA at its sole discretion considers such activities to be reasonable: (i) investigative activities, including assessment of the viability of the Claim, the most effective pursuit of the Claim and funding requirements, (ii) engaging, instructing and coordinating lawyers and/or law firms and/or other external parties (e.g. advisors) in relation to the Claim and the pursuit thereof, (iii) litigation support activities, (iv) project management activities, and (v) (other) related support activities.
HCA shall on a regular basis inform you of relevant actions taken by HCA and/or the lawyers or law firms instructed by HCA in relation to the Claim and the pursuit thereof, and HCA shall inform you of important developments in relation to the Claim and the pursuit thereof.
In relation to the Claim and the pursuit thereof, HCA is entitled (i) to take any actions and/or decisions which HCA, in its sole discretion, deems appropriate, and (ii) HCA and the lawyers and/or law firms instructed by HCA are exclusively authorised to deal directly with third parties, including with Booking.com, and with any of their officers, employees, servants, agents, representatives, affiliated entities or intermediaries.
At HCA’s request, you shall promptly provide complete and honest information, documents and records, which HCA deems relevant to the Claim and the pursuit thereof, if and to the extent you have such information, documents and records available and/or accessible with reasonable effort.
At HCA’s request, you shall promptly make, do, and/or execute all documents, acts, matters and/or writings which HCA from time to time reasonably considers to be appropriate and/or helpful in relation to the Claim and the pursuit thereof. In particular, you shall procure signed witness statements by your current or former officers, employees, servants, agents, representatives or intermediaries or any other person who you have access to. At HCA’s request, you shall promptly provide the names of such persons who might confirm facts as witnesses or in written form, as far as possible, feasible and considered required by the external lawyers of HCA.
Any data, information and documents you provide to HCA is and shall, to the best of your knowledge, be complete, true and correct.
You shall not do anything that is inappropriate and/or unhelpful in relation to the Claim and the pursuit thereof.
You shall promptly inform HCA of any information, circumstance or change in circumstances which may have bearing on the Claim or the pursuit thereof and any change in your contact or bank account details.
You shall not have any communication with Booking.com, or any of its officers, employees, servants, agents, representatives or intermediaries relating to the Claim or the pursuit thereof.
You shall keep in your possession and readily available any and all information, documents and records which could be used to prove the Claim and the amount thereof. You shall prevent such information, documents and records from being destroyed or lost by automatic data destruction procedures that may apply within your organization. With a view of preventing such automatic destruction, you shall keep and save such information, documents and records separately from other data.
You shall secure and preserve the original versions of any document of which you provide HCA with a copy and shall promptly provide such originals to HCA at its request.
You acknowledge and agree that HCA can use any and all data, information and documents provided by you for the purpose of pursuing and recovering the Claim.
You acknowledge and agree that HCA may share any and all data, information and documents in relation to the Claim and the pursuit thereof with service providers and advisors, including lawyers, economic experts, accountants, financial advisors and funders/investors, provided they are bound by statutory regulations of discretion or contractual confidentiality and non-disclosure obligations.

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