Common use of Closeout Date Clause in Contracts

Closeout Date. Notwithstanding any other provision of this Agreement, in the event that the Resort is unable to honour its allocations due to incentive, group booking or high demand, the Resort shall email/fax the International wholesalers or the local travel agent, advising the International wholesalers that in respect of a specific period of time, all bookings made after the announcement of the close out dates shall be on request basis only. Internet / Website  For the avoidance of doubt, the rates offered in this Agreement are not applicable for sale on Resort only (non-packaged) basis via online consumer channels including, but not limited to, the distributor’s own, affiliate, partner or onward distributor’s websites. It is the contracted distributor’s responsibility to enforce this clause.  Should these contract rates to be used via online consumer channels, the rates must be packaged with air tickets and or other services such as tours, spa and dining; If it stands alone there must be a minimum mark up of 35% to therates.  Request to sell via online consumer channels must be received and approved in writing by the Resort.  The Resort reserves the right to cancel the contract if this condition is breached. Brochure Copy and Photographs  All brochure copy and photographs produced by company depicting the Resort must be approved by the Resort in advance. The Resort will have 14 business days to review and approve the submitted brochure copy and photographs. In the event the Resort does not respond after 14 business days of receipt of the brochure copy and photographs, then such brochure copy and photographs will be deemed approved.  In event company does not submit brochure copy and photographs and the Resort determines that the brochure copy and/or photographs contain incorrect information and misrepresents the Resort in any manner then all brochure contribution fund for that edition of the brochure will be reimbursed to the Resort. Impossibility of Performance

Closeout Date. Notwithstanding any other provision of this Agreement, in the event that the Resort is unable to honour its allocations due to incentive, group booking or high demand, the Resort shall email/fax the International wholesalers or the local travel agent, advising the International wholesalers that in respect of a specific period of time, all bookings made after the announcement of the close out dates shall be on request basis only. Internet / Website  For the avoidance of doubt, the rates offered in this Agreement are not applicable for sale on Resort only (non-packaged) basis via online consumer channels including, but not limited to, the distributor’s own, affiliate, partner or onward distributor’s websites. It is the contracted distributor’s responsibility to enforce this clause.  Should these contract rates to be used via online consumer channels, the rates must be packaged with air tickets and or other services such as tours, spa and dining; If it stands alone there must be a minimum mark up of 35% to theratesthe rates.  Request to sell via online consumer channels must be received and approved in writing by the Resort.  The Resort reserves the right to cancel the contract if this condition is breached. Brochure Copy and Photographs  All brochure copy and photographs produced by company depicting the Resort must be approved by the Resort in advance. The Resort will have 14 business days to review and approve the submitted brochure copy and photographs. In the event the Resort does not respond after 14 business days of receipt of the brochure copy and photographs, then such brochure copy and photographs will be deemed approved.  In event company does not submit brochure copy and photographs and the Resort determines that the brochure copy and/or photographs contain incorrect information and misrepresents the Resort in any manner then all brochure contribution fund for that edition of the brochure will be reimbursed to the Resort. Impossibility of Performance