NON-REFUNDABLE EXCEPTION. Monies advanced herein shall be on a non-refundable basis, excepting that advanced monies shall be refundable to reimburse Thane's out-of-pocket costs upon termination of this Agreement by the an event which materially impairs Thane's ability to manage the Project as contemplated herein, including without limitation, Biozhem misrepresenting a material fact herein, and action on the part of governmental authorities preventing substantial performance of this Agreement.
Appears in 2 contracts
Sources: Management Service Agreement, Management Service Agreement (Biozhem Cosmeceuticals Inc)