Common use of Cancellation Delay Clause in Contracts

Cancellation Delay. (1) This Agreement is binding on both parties and cannot be cancelled except as hereinafter provided. Performer and University mutually agree that either party may cancel this Agreement and that all parties shall be released from any and all liability or damages hereunder if Performer or University is unable to fulfill the terms of this Agreement due to an act of God, illness or physical disability of Performer members, acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, flood, fire, interruption or delay of transportation, or any other cause beyond the control of the parties. (2) If, for any reason, Performer is delayed or cannot appear, Performer will use its best efforts to notify University to arrange a mutually agreeable change of date and/or a substitute performer of University's choosing. If necessary and desired by University, Performer will agree to the cancellation of this Agreement. University and Performer further agree that should Performer be unable to appear as scheduled due to illness or an unforeseen emergency, Performer will have no liability for expenses or losses incurred by University, and that Performer will not be entitled to any amount under paragraph B(1). In the event that Performer is unavoidably delayed, but arrives within one (1) hour of the designated performance time and presents the program in full as directed by University, the engagement will be considered to have been completed as agreed, and all compensation shall be due in full unless otherwise agreed to, in writing, by Performer. If Performer does not arrive within one (1) hour of the designated performance time, the Agreement, at the sole discretion of University, will be deemed cancelled per paragraph C (1) above. (3) Performer agrees that University may cancel this Agreement if members of Performer at any time prior to fulfilling the terms of this Agreement engage in, or are accused of engaging in, conduct that would constitute a crime, which is defined as a wrongdoing classified by the state (in which the crime is committed) or Congress as a felony or misdemeanor. (4) Except for cancellation for reasons outlined in the preceding paragraphs, it is agreed that the performance amount due and owning under paragraph B (1) is nonrefundable in the event of cancellation by University. University agrees that the foregoing represents a fair and equitable measurement of the damages for which University shall be responsible.

Cancellation Delay. (1) This Agreement is binding on both parties and cannot be cancelled except as hereinafter provided. Performer and University mutually agree that either party may cancel this Agreement and that all parties shall be released from any and all liability or damages hereunder if Performer or University is unable to fulfill the terms of this Agreement due to an act of God, illness or physical disability of Performer members, acts or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, flood, fire, interruption or delay of transportation, or any other cause beyond the control of the parties. (2) If, for any reason, Performer is delayed or cannot appear, Performer will use its best efforts to notify University to arrange a mutually agreeable change of date and/or a substitute performer speaker of University's choosing. If , or if necessary and desired by University, ▇▇▇▇▇ Performer will agree to the cancellation of this Agreement. University and Performer further agree that that, should Performer be unable to appear as scheduled due to illness or an unforeseen emergency, emergency Performer will have no liability for expenses or losses incurred by University, and that Performer will not be entitled to any amount under paragraph B(1). In the event that Performer is unavoidably delayed, but arrives within one (1) hour of the designated performance time and presents the program in full as directed by University, the engagement will be considered to have been completed as agreed, and all compensation shall be due in full unless otherwise agreed to, in writing, by Performer. If Performer does not arrive within one (1) hour of the designated performance time, the Agreement, at the sole discretion of University▇▇▇▇▇, will be deemed cancelled per paragraph C (1) above. (3) Performer agrees that University _ may cancel this Agreement if members of Performer at any time prior to fulfilling the terms of this Agreement engage in, or are accused of engaging in, conduct that would constitute a crime, which is defined as a wrongdoing classified by the state (in which the crime is committed) or Congress as a felony or misdemeanor. (4) Except for cancellation for reasons outlined in the preceding paragraphs, it is agreed that the performance amount due and owning under paragraph B (1) is nonrefundable in the event of cancellation by University. University agrees that the foregoing represents a fair and equitable measurement of the damages for which University shall be responsible.which