Common use of Scope and Purpose of Use Agreement Clause in Contracts

Scope and Purpose of Use Agreement. A. CLIENT understands and acknowledges that UNIVERSITY makes no warranties, guarantees, or representations regarding the number of events other than UNIVERSITY basketball games that will be held in the CENTER. CLIENT further understands and agrees to abide by the rules and regulations governing the CENTER, which are incorporated herein by reference and subject to change at any time at the discretion of UNIVERSITY. B. In the event that UNIVERSITY, its successors, and its assigns discontinue playing any of its collegiate basketball games at the CENTER, then CLIENT shall have the option to cancel this agreement. CLIENT may exercise the option to cancel this agreement within sixty (60) days after receipt of written notice from UNIVERSITY that UNIVERSITY intends to discontinue playing any of its collegiate basketball games at the CENTER. Upon such cancellation, the unused balance of any advanced use fees shall be returned to CLIENT after deduction for any obligations of CLIENT to UNIVERSITY under this agreement or to others for food, beverages, or services furnished to CLIENT. The unused balance of any advanced use fees shall be calculated pro rata based on the number of home basketball games remaining during the term of this agreement compared to the number of total home basketball games during the term of the agreement. This right of cancellation shall be the sole and exclusive remedy available to CLIENT for any other claims or damages of any nature whatsoever as result of the circumstances giving rise to the right of cancellation.