Common use of COVID-19 Pandemic Clause in Contracts

COVID-19 Pandemic. The parties acknowledge and agree that there are a number of local, state, and national orders or guidelines which have been or may be issued by the Centers for Disease Control (“CDC”), the World Health Organization (“WHO”) and other official guidelines, as well as UC guidance relating to Covid-19 (collectively, “Covid-19 Guidance”). The parties further acknowledge and agree that such Covid-19 Guidance (which may, among other things, recommend or require the restriction or prohibition of individuals’ movements and/or group gatherings) may remain in effect, be reinstated (if earlier rescinded or cancelled), or become effective on or after any cut-off dates or other cancellation deadlines set forth in the Agreement. Accordingly, the parties hereby expressly agree that if the Covid-19 Guidance are expected to remain in effect, be reinstated or should become effective on or after any cut-off dates or other cancellation deadlines set forth in the Agreement, in addition to any other rights or remedies hereunder, either party shall: 1) have the right to terminate the Agreement without any cost, expense, liability or further obligations hereunder (including, but not limited to, the payment of any liquidated damages), and 2) Client shall be entitled to receive a full refund of any and all deposits, “non-refundable” payments and other monies paid to the Regents hereunder. In the event the Regent terminates the Agreement in connection with the Covid-19 Guidance, the Regents shall refund in full all deposits, “non- refundable” payments and other monies paid to the Regents by Client hereunder. In either case, the Regents shall send all such refunds to Client within thirty (30) business days of Client’s written request. The parties agree that in the event of a conflict between this provision and any other term or provision contained in the Agreement, this provision shall govern.

COVID-19 Pandemic. The parties hereby acknowledge and agree that in connection with the Covid-19 pandemic, Governor Xxxxx Xxxxxx has issued a stay-at-home order, and additional orders may be issued by local, state and/or federal authorities (collectively “Orders”). The parties also acknowledge and agree that there are a number of local, state, and national orders or guidelines which have been or may be issued by the Centers for Disease Control (“CDC”), the World Health Organization (“WHO”) and other official guidelines, as well as UC guidance relating to Covid-19 (collectively, “Covid-19 Guidance”). The parties further acknowledge and agree that such Orders and/or Covid-19 Guidance (which may, among other things, recommend or require the restriction or prohibition of individuals’ movements and/or group gatherings) may remain in effect, be reinstated (if earlier rescinded or cancelled), or become effective on or after any cut-off dates or other cancellation deadlines set forth in the Agreement. Accordingly, the parties hereby expressly agree that if the Orders and/or Covid-19 Guidance are expected to remain in effect, be reinstated or should become effective on or after any cut-off dates or other cancellation deadlines set forth in the Agreement, in addition to any other rights or remedies hereunder, either party shall: 1) have the right to terminate the Agreement without any cost, expense, liability or further obligations hereunder (including, but not limited to, the payment of any liquidated damages), and 2) Client shall be entitled to receive a full refund of any and all deposits, “non-refundable” payments and other monies paid to the Regents hereunder. In the event the Regent terminates the Agreement in connection with the Orders and/or Covid-19 Guidance, the Regents shall refund in full all deposits, “non- non-refundable” payments and other monies paid to the Regents by Client hereunder. In either case, the Regents shall send all such refunds to Client within thirty (30) business days of Client’s written request. The parties agree that in the event of a conflict between this provision and any other term or provision contained in the Agreement, this provision shall govern.