Common use of Withdrawal by Exhibitor Clause in Contracts

Withdrawal by Exhibitor. If the Exhibitor fails to make the Contract Fee or fails to occupy all or part of the Booth, the Organiser reserves the right to re-let the Booth to another applicant and to recover damages in the form of withdrawal fees as detailed below: (a) If the Exhibitor withdraws from the Exhibition it will forfeit the Deposit. Exhibitors withdrawing from the exhibition more than 120 days before the first open day are liable for 50% of the total amount due. If the Exhibitor withdraws from the Exhibition on a date later than 120 days prior to the date of commencement of the Exhibition the Exhibitor will be liable to pay to the Organiser an amount equal to 100% of the Contract Fee. By signing the Contract for Booth Space, the Exhibitor acknowledges that these amounts are reasonable pre-estimates of the typical loss which would be incurred by the Organiser arising from the Exhibitor’s withdrawal from the Exhibition or breach of contract during these periods. (b) If the Exhibitor wishes to withdraw from the Exhibition, a written notice must be sent to the Organiser. (c) For the purpose of clause 11, an Exhibitor will be taken to have withdrawn from the Exhibition if: (i) The Exhibitor indicates to the Organiser that it may not participate in the Exhibition; (ii) The Organiser requests the Exhibitor to confirm its participation in accordance with this contract in writing or by email; and (iii) The Organiser has not received that confirmation within 3 business days after requesting it. (d) Amounts payable pursuant to clause 11(a) on withdrawal by the Exhibitor must be paid to the Organiser irrespective of whether the Organiser incurs a loss as a result of the Exhibitor’s withdrawal.