Common use of CHANGES, CANCELLATION Clause in Contracts

CHANGES, CANCELLATION. Facility User acknowledges that cancellation or postponement of the Event, unless permitted by Arcadia in writing, may be considered breach of the Agreement, and all Fees shall be due immediately. Notwithstanding the foregoing, a fifty percent (50%) refund of the Deposit will be refunded to Facility User if notice is received earlier than thirty (30) days prior to Event Date. When notice is received thirty (30) days or less prior to the Event Date, no refund of the Deposit will be provided. Arcadia acknowledges that it is necessary from time to time for Facility User to alter its request for space and services based on participant enrollments. Arcadia will accept decreases in numbers of participants and the associated income reductions until thirty (30) days prior to Event Date and will reduce its final billing accordingly. Decreases made within thirty (30) days of the Event Date will result in no changes to the amount which would have been billed had all participants attended. Arcadia will accept increases in the number of participants until ten (10) days prior to the Event Date and changes to the amount owed will be adjusted accordingly. In the event the Facility or any substantial part of the Facility is destroyed or damaged by fire, the elements, utility interruption, or other like cause beyond the control of either Party, or for any reason whatsoever is rendered unfit for occupancy, either prior to beginning or prior to expiration of the term of this Agreement or if Arcadia is unable to give Facility User possession of the Facility because of national or local emergency, calamity, epidemic, strike or other such causes (a “force majeure event”), this Agreement shall be suspended for the period during which the Facility shall be rendered unfit for occupancy or during which possession cannot be delivered to Facility User. If a force majeure event occurs, Arcadia shall return to Facility User the Deposit less any expenses or costs actually incurred by Arcadia, and less a pro rata portion of the total payments due hereunder for the use, if any, of the Facility prior to such force majeure event. Facility User hereby expressly releases and discharges Arcadia from any and all demands, claims, actions, and causes of action arising out of any of the aforementioned causes. If due to a scheduling conflict Arcadia has to move the location of an Event from one Facility to another or must cancel an Event entirely, Arcadia will use its best efforts to find an alternative date and/or location on campus for the Event, if possible.