Common use of Program Changes Clause in Contracts

Program Changes. In the event that the Company cannot provide the agreed-upon services or level of services described in Exhibit A, the Company will notify FIU in writing as soon as it knows, but in no event later than thirty (30) calendar days prior to the Date of Departure shown on Exhibit A. If the change is not material, as determined solely in the discretion of FIU, this Agreement and the Program shall proceed as amended with appropriate adjustment, if any, of the price per participant. If the change is deemed by FIU to be material, FIU shall have the option to terminate the Program and this Agreement within five (5) business days of receipt of written notification from the Company. FIU shall provide such notification in writing to the Company to the address specified in this Agreement. If the Program and this Agreement are terminated, the Company shall refund all payments made under this Agreement within five (5) days of the Company’s receipt of notice of termination, except for those payments to which refunds cannot be obtained provided that the Company submits written documentation demonstrating why a refund could not be obtained. The Company has a duty to exercise the utmost diligence in obtaining any refunds of monies paid with regard to the Program if the Program and Agreement are terminated.