Termination and Reduction of Space by Exhibitor. (a) Termination other than Due to Foreign Travel Ban. Exhibitor may terminate this Agreement at any time by giving written notice thereof to Emerald, which termination is effective upon Emerald’s acknowledgment of receipt of such written notice. Upon Exhibitor’s termination of this Agreement for any reason, Exhibitor may only be due a refund of any fees paid if Exhibitor paid fees upfront and Exhibitor terminates the Agreement before such paid fees are due, payable, and non-refundable according to the payment schedule associated with the Event, as detailed in the Exhibit Space Contract or on the electronic application form. If Exhibitor submits payment by credit card, such credit card will not be charged for payments due after Exhibitor’s termination of the Agreement unless Exhibitor has an outstanding balance due Emerald. Upon a termination by Exhibitor, all payments made by Exhibitor to Emerald shall be non-refundable, except for any payment amount that has not yet converted into a non-refundable payment (all according to the payment schedule associated with the Event, as detailed in the Exhibit Space Contract or on the electronic application form). If Exhibitor requests to reduce the size of its booth space after entering into this Agreement, Emerald may choose to reject or grant such request in its sole discretion, and Emerald may choose not to refund any non-refundable fees paid or reduce the fee payment obligation under the terms of the Agreement. Additionally, depending on remaining available space to be allocated for the Event, Emerald may require Exhibitor to change booth space location, orientation or configuration and to pay an additional fee (in addition to what is owed under the Agreement) for such alternate booth space and/or for costs associated with the move.
Termination and Reduction of Space by Exhibitor. (a) Termination other than Due to Foreign Travel Ban5. Termination by Exhibitor: If Exhibitor desires to cancel terminate this contract Agreement it may request to do so only by giving notice thereof in writing to Emerald, with evidence of receipt. In that case, Exhibitor will continue to be liable for all fees governed by this contract Agreement and the dates payments are due, which apply regardless of the date on which this contract Agreement is executed. This amount is considered to be the liquidated and agreed upon damages that Emerald will suffer as a result of Exhibitor’s termination. This provision for liquidated and agreed upon damages is not a penalty. The withdrawal of reserved booth space from availability at a time when others would be interested in applying for it will cause Organizer Emerald to sustain substantial damages that may not be determined with mathematical precision. Therefore, the provisions for liquidated and agreed upon damages have been incorporated into this contract as a valid pre-estimate of these damages. The date of cancellation termination shall be the date Emerald receives the notice. Emerald reserves the right to treat Exhibitor’s downsizing of booth space as cancellation termination of the original contract Agreement subject to payment of liquidated damages and an offer to purchase new booth space and pay the full fee required for the new booth space. Exhibitor may be required to move to a new location if it requests a downsizing of space.
