Common use of Cancellation Charges Clause in Contracts

Cancellation Charges. Be aware that if UT institutions book travel for Contractor, then any cancellation charges will be charged to the UT institution.] EXPENSES AND DISBURSEMENTS: Contractor will be reimbursed without xxxx-up for reasonable expenses (including meals, rental car or mileage, coach class airfare, and lodging) validly incurred directly and solely in support of the Project and approved by University in advance. Provided, however, Contractor agrees and acknowledges that Contractor will be subject to the then-current Travel Reimbursement Rates promulgated by the Comptroller of Public Accounts for the State of Texas at xxxxx://xxx.xxx.xxxxx.xx.xx/fm/travel/travelrates.php with regard to meals, mileage, [Option: rental car] [Option: , airfare,] [Option: lodging]and all other expenses related to travel [Option: , except [Option: rental car], [Option: airfare] and [Option: lodging] ]. [Option: Except as provided in this Agreement,] Contractor agrees and acknowledges that Contractor will not be reimbursed by University for expenses that are prohibited or that exceed the allowable amounts set forth in the then-current Travel Reimbursement Rates. As a condition precedent to receiving reimbursement for expenses and disbursements, Contractor will submit to University receipts, invoices, and other documentation as requested University. Notwithstanding the foregoing, reimbursement for expenses and disbursements will not exceed a maximum of $_____________ (“Expense Cap”) without the prior written approval of University. The Fee Cap and the Expense Cap are sometimes collectively referred to as the “Contract Amount.” [Option (Include if University is a HIPAA Covered Entity and Contractor will receive, create and/or maintain for or on behalf of University data covered by HIPAA.): EXHIBIT D HIPAA BUSINESS ASSOCIATE AGREEMENT] [Option (Include if a HUB Subcontracting Plan is required or is available.): EXHIBIT E HUB SUBCONTRACTING PLAN] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ AFFIRMATIVE ACTION COMPLIANCE PROGRAM] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT____ ELECTRONIC AND INFORMATION RESOURCES ENVIRONMENT SPECIFICATIONS] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ____ SECURITY CHARACTERISTICS AND FUNCTIONALITY OF CONTRACTOR’S INFORMATION RESOURCES] [Option (Include if Contractor will receive, create and/or maintain for or on behalf of University FERPA Data.): EXHIBIT ____ FERPA CONFIDENTIALITY AND SECURITY ADDENDUM [NOTE: This is a model FERPA Confidentiality and Security Addendum that meets the minimum contracting requirements of FERPA. BEFORE A UT INSTITUTION EXECUTES THE AGREEMENT BETWEEN UNIVERSITY AND CONTRACT, it is the UT Institution’s sole responsibility to (1) identify what categories and or sources of FERPA Data, if any, Contractor will access, create or maintain on behalf of University pursuant to the Agreement, (2) ensure that the model FERPA Confidentiality And Security Addendum is accurate as of the Effective Date as well as the date the Agreement between University and Contractor is signed by the UT Institution; (3) confirm the FERPA Confidentiality And Security Addendum is suitable given the terms of the contract to which it is attached; and (4) ensure that any modifications to the model FERPA Confidentiality And Security Addendum have been reviewed and approved for compliance with FERPA by the UT Institution’s representative that is responsible for FERPA compliance. In addition, FERPA requires that Education Records created or maintained by a third party should be returned or securely destroyed upon expiration or termination of the contract. In some cases, it may be more practical to place the burden on the Contractor to destroy all copies rather than to return the copies. The UT INSTITUTION must determine which option would serve the best interest of the Institution. For example, if storage of records was outsourced, records would need to be returned. In other situations, destruction may be the most feasible way to ensure that the Contractor and any subcontractors retain no FERPA records following expiration or termination of the contract.]

Cancellation Charges. Be aware that if UT institutions book travel for Contractor, then any cancellation charges will be charged to the UT institution.] EXPENSES AND DISBURSEMENTS: Contractor will be reimbursed without xxxx-up for reasonable expenses (including meals, rental car or mileage, coach class airfare, and lodging) validly incurred directly and solely in support of the Project and approved by University in advance. Provided, however, Contractor agrees and acknowledges that Contractor will be subject to the then-current Travel Reimbursement Rates promulgated by the Comptroller of Public Accounts for the State of Texas at xxxxx://xxx.xxx.xxxxx.xx.xx/fm/travel/travelrates.php with regard to meals, mileage, [Option: rental car] [Option: , airfare,] [Option: lodging]and all other expenses related to travel [Option: , except [Option: rental car], [Option: airfare] and [Option: lodging] ]. [Option: Except as provided in this Agreement,] Contractor agrees and acknowledges that Contractor will not be reimbursed by University for expenses that are prohibited or that exceed the allowable amounts set forth in the then-current Travel Reimbursement Rates. As a condition precedent to receiving reimbursement for expenses and disbursements, Contractor will submit to University receipts, invoices, and other documentation as requested University. Notwithstanding the foregoing, reimbursement for expenses and disbursements will not exceed a maximum of $_____________ (“Expense Cap”) without the prior written approval of University. The Fee Cap and the Expense Cap are sometimes collectively referred to as the “Contract Amount.” [Option (Include if University is a HIPAA Covered Entity and Contractor will receive, create and/or maintain for or on behalf of University data covered by HIPAA.): EXHIBIT D HIPAA BUSINESS ASSOCIATE AGREEMENT] [Option (Include if a HUB Subcontracting Plan is required or is available.): EXHIBIT E HUB SUBCONTRACTING PLAN] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ AFFIRMATIVE ACTION COMPLIANCE PROGRAM] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT____ ELECTRONIC AND INFORMATION RESOURCES ENVIRONMENT SPECIFICATIONS] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ____ SECURITY CHARACTERISTICS AND FUNCTIONALITY OF CONTRACTOR’S INFORMATION RESOURCES] [Option (Include if Contractor will receive, create and/or maintain for or on behalf of University FERPA Data.): EXHIBIT ____ FERPA CONFIDENTIALITY AND SECURITY ADDENDUM [NOTE: This is a model FERPA Confidentiality and Security Addendum that meets the minimum contracting requirements of FERPA. BEFORE A UT INSTITUTION EXECUTES THE AGREEMENT BETWEEN UNIVERSITY AND CONTRACT, it is the UT Institution’s sole responsibility to (1) identify what categories and or sources of FERPA Data, if any, Contractor will access, create or maintain on behalf of University pursuant to the Agreement, (2) ensure that the model FERPA Confidentiality And Security Addendum is accurate as of the Effective Date as well as the date the Agreement between University and Contractor is signed by the UT Institution; (3) confirm the FERPA Confidentiality And Security Addendum is suitable given the terms of the contract to which it is attached; and (4) ensure that any modifications to the model FERPA Confidentiality And Security Addendum have been reviewed and approved for compliance with FERPA by the UT Institution’s representative that is responsible for FERPA compliance. In addition, FERPA requires that Education Records created or maintained by a third party should be returned or securely destroyed upon expiration or termination of the contract. In some cases, it may be more practical to place the burden on the Contractor to destroy all copies rather than to return the copies. The UT INSTITUTION must determine which option would serve the best interest of the Institution. For example, if storage of records was outsourced, records would need to be returned. In other situations, destruction may be the most feasible way to ensure that the Contractor and any subcontractors retain no FERPA records following expiration or termination of the contract.]

Cancellation Charges. Be aware that if UT institutions book travel Owner may cancel a confirmed reservation for Contractora period of Owner Occupancy, then without penalty, at any cancellation charges will be charged time prior to the UT institution.] EXPENSES AND DISBURSEMENTS: Contractor will be reimbursed without xxxx-up for reasonable expenses thirty (including meals, rental car or mileage, coach class airfare, and lodging30) validly incurred directly and solely days in support advance of the Project and approved by University scheduled check-in advancedate (if the reservations occurs during the Ski-Season (defined on Schedule B) or a Premium Reservation Week (defined on Schedule B)) or fourteen (14) days in advance of the scheduled check-in date (if the reservation occurs during the Non-Ski Season (defined on Schedule B)) (the “Cancellation Deadlines”). Provided, however, Contractor agrees and acknowledges that Contractor will be subject If Owner fails to notify the then-current Travel Reimbursement Rates promulgated Manager of the cancellation by the Comptroller Cancellation Deadline but provides Manager with notice of Public Accounts the cancellation before the expected check-in date (“Late Notice”), Manager will endeavor to rent the Unit out to a Leisure Guest. If Manager, after receipt of Late Notice, successfully rents the Unit to a Leisure Guest for the State of Texas at xxxxx://xxx.xxx.xxxxx.xx.xx/fm/travel/travelrates.php with regard to mealssame period, mileage, [Option: rental car] [Option: , airfare,] [Option: lodging]and all other expenses related to travel [Option: , except [Option: rental car], [Option: airfare] and [Option: lodging] ]. [Option: Except as provided in this Agreement,] Contractor agrees and acknowledges that Contractor the Owner will not be reimbursed by University for expenses that are prohibited or that exceed charged with the allowable amounts set forth in the then-current Travel Reimbursement Rates. As a condition precedent to receiving reimbursement for expenses and disbursements, Contractor will submit to University receipts, invoices, and other documentation Lost Days (as requested Universitydefined below). Notwithstanding the foregoing, reimbursement if the Owner fails to notify the Manager of the cancellation prior to the expected check-in date or if the Manager is not able to rent the Unit to a Leisure Guest after receipt of a Late Notice, such reservation shall count against Owner’s allotted number of Owner Occupancy days for expenses and disbursements will not exceed a maximum of $_____________ the Ski Season during the Term (“Expense Cap”as set forth on Schedule B) without the prior written approval of University. The Fee Cap and the Expense Cap are sometimes collectively referred to as (the “Contract Amount.” [Option Lost Days”), provided, however, that if the number of cancelled nights exceeds the Owner’s remaining Owner Occupancy days during the Ski Season, then the Manager may impose a Daily Cancellation Fee (Include if University is a HIPAA Covered Entity and Contractor will receive, create and/or maintain as defined below) for or on behalf of University data covered by HIPAA.): EXHIBIT D HIPAA BUSINESS ASSOCIATE AGREEMENT] [Option (Include if a HUB Subcontracting Plan is required or is available.): EXHIBIT E HUB SUBCONTRACTING PLAN] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ AFFIRMATIVE ACTION COMPLIANCE PROGRAM] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT____ ELECTRONIC AND INFORMATION RESOURCES ENVIRONMENT SPECIFICATIONS] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ____ SECURITY CHARACTERISTICS AND FUNCTIONALITY OF CONTRACTOR’S INFORMATION RESOURCES] [Option (Include if Contractor will receive, create and/or maintain for or on behalf of University FERPA Data.): EXHIBIT ____ FERPA CONFIDENTIALITY AND SECURITY ADDENDUM [NOTE: This is a model FERPA Confidentiality and Security Addendum the excess nights that meets the minimum contracting requirements of FERPAwere not timely cancelled. BEFORE A UT INSTITUTION EXECUTES THE AGREEMENT BETWEEN UNIVERSITY AND CONTRACT, it is the UT Institution’s sole responsibility to (1) identify what categories and or sources of FERPA DataFurthermore, if any, Contractor will access, create or maintain Owner fails to cancel a confirmed reservation by the applicable Cancellation Deadline on behalf of University pursuant to the Agreement, at least two (2) ensure that separate occasions during any applicable Term, then Manager shall have the model FERPA Confidentiality And Security Addendum is accurate as right to impose a cancellation fee equal to 50% of the Effective Date as well as average daily rate for the date Unit at the Agreement between University and Contractor is signed by the UT Institution; (3) confirm the FERPA Confidentiality And Security Addendum is suitable given the terms time of the contract expected check-in date (the “Daily Cancellation Fee”). The Daily Cancellation Fee shall apply to which it is attached; and (4) ensure that any modifications to the model FERPA Confidentiality And Security Addendum have been reviewed and approved for compliance with FERPA by the UT Institution’s representative that is responsible for FERPA compliance. In addition, FERPA requires that Education Records created or maintained by a third party should be returned or securely destroyed upon expiration or termination each cancelled day of the contract. In some cases, it may be more practical to place second cancelled reservation and each day of any subsequent cancelled reservation during the burden on the Contractor to destroy all copies rather than to return the copies. The UT INSTITUTION must determine which option would serve the best interest of the Institution. For example, if storage of records was outsourced, records would need to be returned. In other situations, destruction may be the most feasible way to ensure that the Contractor and any subcontractors retain no FERPA records following expiration or termination of the contractapplicable Term.]

Cancellation Charges. Be aware that if UT institutions book travel for ContractorIn the event of the cancellation by the Charterer of any Flight(s), then the following cancellation charges will immediately become payable by the Charterer to FlairJet: If cancellation occurs not less than 14 days before STD, FlairJet shall not be entitled to any cancellation charges will and the Charterer shall be charged refunded the amount paid, as a deposit at the time of booking. If cancellation occurs between 14 days and 48 hours before STD, FlairJet shall be entitled to a sum equal to 25% of the Charter Price and shall therefore retain the amount paid as a deposit at the time of booking; If cancellation occurs between 48 hours and STD, FlairJet shall be entitled to a sum equal to 50% of the Charter Price, which shall be offset against the deposit paid at the time of booking and the Charterer shall be invoiced the balance which is due; If cancellation occurs at any time after STD FlairJet shall be entitled to a sum equal to the UT institution.] EXPENSES AND DISBURSEMENTSCharter Price, which shall be offset against the deposit paid at the time of booking and the Charterer shall be invoiced the balance which is due. In the event that the Charterer rejects the alternative or substitute aircraft as contemplated in clause 5.1 above, the following cancellation charges will apply: Contractor will If cancellation occurs before STD the Charterer shall be reimbursed without xxxx-up for entitled to a full refund of all sums paid by it to FlairJet; If cancellation occurs at any time after STD the Charterer shall be entitled to a full refund of the Charter Price less any reasonable expenses costs, including but not limited to Aircraft positioning, parking or hangarage, crew positioning, Hotel Accommodation (including meals, rental car or mileage, coach class airfareHOTAC), and lodging) validly crew flight pay, incurred directly and solely in support by FlairJet up to the point of cancellation. In the event of the Project and approved by University in advance. Provided, however, Contractor agrees and acknowledges that Contractor will be subject to the then-current Travel Reimbursement Rates promulgated by the Comptroller of Public Accounts for the State of Texas at xxxxx://xxx.xxx.xxxxx.xx.xx/fm/travel/travelrates.php with regard to meals, mileage, [Option: rental car] [Option: , airfare,] [Option: lodging]and all other expenses related to travel [Option: , except [Option: rental car], [Option: airfare] and [Option: lodging] ]. [Option: Except as provided in this Agreement,] Contractor agrees and acknowledges that Contractor will not be reimbursed by University for expenses that are prohibited or that exceed the allowable amounts set forth in the then-current Travel Reimbursement Rates. As a condition precedent to receiving reimbursement for expenses and disbursements, Contractor will submit to University receipts, invoices, and other documentation as requested University. Notwithstanding the foregoing, reimbursement for expenses and disbursements will not exceed a maximum of $_____________ (“Expense Cap”) without the prior written approval of University. The Fee Cap and the Expense Cap are sometimes collectively referred to as the “Contract Amount.” [Option (Include if University is a HIPAA Covered Entity and Contractor will receive, create and/or maintain for or on behalf of University data covered by HIPAA.): EXHIBIT D HIPAA BUSINESS ASSOCIATE AGREEMENT] [Option (Include if a HUB Subcontracting Plan is required or is available.): EXHIBIT E HUB SUBCONTRACTING PLAN] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ AFFIRMATIVE ACTION COMPLIANCE PROGRAM] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT____ ELECTRONIC AND INFORMATION RESOURCES ENVIRONMENT SPECIFICATIONS] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ____ SECURITY CHARACTERISTICS AND FUNCTIONALITY OF CONTRACTOR’S INFORMATION RESOURCES] [Option (Include if Contractor will receive, create and/or maintain for or on behalf of University FERPA Data.): EXHIBIT ____ FERPA CONFIDENTIALITY AND SECURITY ADDENDUM [NOTE: This is a model FERPA Confidentiality and Security Addendum that meets the minimum contracting requirements of FERPA. BEFORE A UT INSTITUTION EXECUTES THE AGREEMENT BETWEEN UNIVERSITY AND CONTRACT, it is the UT Institution’s sole responsibility to (1) identify what categories and or sources of FERPA Data, if any, Contractor will access, create or maintain on behalf of University pursuant to the Agreement, (2) ensure that the model FERPA Confidentiality And Security Addendum is accurate as of the Effective Date as well as the date the Agreement between University and Contractor is signed by the UT Institution; (3) confirm the FERPA Confidentiality And Security Addendum is suitable given the terms of the contract to which it is attached; and (4) ensure that any modifications to the model FERPA Confidentiality And Security Addendum have been reviewed and approved for compliance with FERPA by the UT Institution’s representative that is responsible for FERPA compliance. In addition, FERPA requires that Education Records created or maintained by a third party should be returned or securely destroyed upon expiration or termination of the contract. In some casesAgreement by FlairJet pursuant to clause 6.2 above, it may the following cancellation charges shall immediately become payable by the Charterer to FlairJet: If the termination occurs 14 days or more before STD FlairJet shall not be more practical entitled to place any cancellation charges; If the burden on the Contractor termination occurs between 14 days and 48 hours before STD FlairJet shall be entitled to destroy all copies rather than a sum equal to return the copies. The UT INSTITUTION must determine which option would serve the best interest 25% of the InstitutionCharter Price and shall therefore retain the amount paid as a deposit at the time of booking; If the termination occurs between 48 hours and STD FlairJet shall be entitled to a sum equal to 50% of Charter Price which shall be offset against the deposit paid at the time of booking and the Charterer shall be invoiced the balance which is due; If the termination occurs at any time after STD and the Charter has not begun FlairJet shall be entitled to a sum equal to the full Charter Price which shall be offset against the deposit paid at the time of booking and the Charterer shall be invoiced the balance which is due. For exampleIf the Aircraft has commenced positioning before any cancellation notice is received in writing to FlairJet, if storage of records was outsourced, records would need the Charterer shall be liable to be returned. In other situations, destruction may be the most feasible way to ensure that the Contractor and any subcontractors retain no FERPA records following expiration or termination FlairJet for all of the contractcosts of positioning and return of the Aircraft to base.]

Cancellation Charges. Be aware that if UT institutions book travel for Contractor, then any cancellation charges will be charged to the UT institution.] EXPENSES AND DISBURSEMENTS: Contractor will be reimbursed without xxxx-up for reasonable expenses (including meals, rental car or mileage, coach class airfare, and lodging) validly incurred directly and solely in support of the Project and approved by University in advance. Provided, however, Contractor agrees and acknowledges that Contractor will be subject to the then-current Travel Reimbursement Rates promulgated by the Comptroller of Public Accounts for the State of Texas at xxxxx://xxx.xxx.xxxxx.xx.xx/fm/travel/travelrates.php with regard to meals, mileage, [Option: rental car] [Option: , airfare,] [Option: lodging]and all other expenses related to travel [Option: , except [Option: rental car], [Option: airfare] and [Option: lodging] ]. [Option: Except as provided in this Agreement,] Contractor agrees and acknowledges that Contractor will not be reimbursed by University for expenses that are prohibited or that exceed the allowable amounts set forth in the then-current Travel Reimbursement Rates. As a condition precedent to receiving reimbursement for expenses and disbursements, Contractor will submit to University receipts, invoices, and other documentation as requested University. Notwithstanding the foregoing, reimbursement for expenses and disbursements will not exceed a maximum of $_____________ (“Expense Cap”) without the prior written approval of University. The Fee Cap and the Expense Cap are sometimes collectively referred to as the “Contract Amount.” [Option (Include if University is a HIPAA Covered Entity and Contractor will receive, create and/or maintain for or on behalf of University data covered by HIPAAAgreement covers Protected Health Information.): EXHIBIT D HIPAA BUSINESS ASSOCIATE AGREEMENT] [Option (Include if a HUB Subcontracting Plan is required or is availableexists.): EXHIBIT E HUB SUBCONTRACTING PLAN] [Option (Include if federal contract provisions are included in this Agreement.): EXHIBIT ___ AFFIRMATIVE ACTION COMPLIANCE PROGRAM] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT____ ELECTRONIC AND INFORMATION RESOURCES ENVIRONMENT SPECIFICATIONS] [Option (Include if this Agreement relates to electronic and information resources, including hardware, software or related services.): EXHIBIT ____ SECURITY CHARACTERISTICS AND FUNCTIONALITY OF CONTRACTOR’S INFORMATION RESOURCES] [Option (Include if Contractor will receive, create and/or maintain for or on behalf of University FERPA Data.): EXHIBIT ____ FERPA CONFIDENTIALITY AND SECURITY ADDENDUM [NOTE: This is a model FERPA Confidentiality and Security Addendum that meets the minimum contracting requirements of FERPA. BEFORE A UT INSTITUTION EXECUTES THE AGREEMENT BETWEEN UNIVERSITY AND CONTRACT, it is the UT Institution’s sole responsibility to (1) identify what categories and or sources of FERPA Data, if any, Contractor will access, create or maintain on behalf of University pursuant to the Agreement, (2) ensure that the model FERPA Confidentiality And Security Addendum is accurate as of the Effective Date as well as the date the Agreement between University and Contractor is signed by the UT Institution; (3) confirm the FERPA Confidentiality And Security Addendum is suitable given the terms of the contract to which it is attached; and (4) ensure that any modifications to the model FERPA Confidentiality And Security Addendum have been reviewed and approved for compliance with FERPA by the UT Institution’s representative that is responsible for FERPA compliance. In addition, FERPA requires that Education Records created or maintained by a third party should be returned or securely destroyed upon expiration or termination of the contract. In some cases, it may be more practical to place the burden on the Contractor to destroy all copies rather than to return the copies. The UT INSTITUTION must determine which option would serve the best interest of the Institution. For example, if storage of records was outsourced, records would need to be returned. In other situations, destruction may be the most feasible way to ensure that the Contractor and any subcontractors retain no FERPA records following expiration or termination of the contract.]