AOFAS reserves the right to cancel the Annual Meeting at any time. In the event the AOFAS Annual Meeting 2020 is entirely or partially canceled or postponed other than due to a Force Majeure, Exhibitor’s sole and exclusive remedy with respect to any damages, including incremental and consequential damages, sustained by Exhibitor as a result of such non-occurrence or postponement shall be a refund by AOFAS of monies paid by Exhibitor on account of the exhibit space or additional badges, less Exhibitor’s pro-rata share of expenses relating to the exhibits portion of the Annual Meeting, as determined by the AOFAS.
Exhibitor acknowledges and agrees that AOFAS’s performance under this Agreement is subject to and shall be excused due to one or more Force Majeure events (as defined herein) directly or indirectly impacting AOFAS or the Annual Meeting. A Force Majeure is defined as a circumstance or occurrence beyond the parties’ control which makes it inadvisable, illegal, commercially impracticable, or impossible for the Annual Meeting to take place as planned, including, without limitation: (i) acts of God, (ii) disasters (including, but not limited to, fire, flood, severe weather, and earthquake), (iii) war, (iv) civil disorder, (v) suspected or actual terrorism in or near the borders of the continental United States, (vi) government regulation (including, but not limited to, declared states of emergency), (vii) national or international public health authorities’ (including, without limitation, the Centers for Disease Control or the World Health Organization) declaration of public health emergencies, communicable disease, epidemic or pandemic advisories or alerts, (viii) strikes or work stoppages, (ix) curtailment of transportation services (including, without limitation, travel bans and advisories), (x) public or private policies which restrict or prohibit participants of the Annual Meeting from traveling to or attending the Annual Meeting. AOFAS shall promptly provide notice (which may be sent via e-mail) of a cancellation due to the existence of one or more Force Majeure events, and Exhibitor agrees that AOFAS shall have no liability whatsoever to Exhibitor as a result of such cancellation or AOFAS’s partial or non-performance due to such Force Majeure event.