Sec. 10A-5. Cancellations and reductions in size.
A. Conventions. Cancellation of a convention must be submitted in writing to the Director. The rental notification is deemed canceled on the date the Director receives the cancellation. The licensee will be liable for liquidated damages (and not a penalty) as outlined below:
1. If the rental is canceled from the date of contract signing to 36 months prior to first contracted date of the event, the liquidated damages fee is 25 percent of the total space rental charges.
2. If the rental is canceled from 36 months to 24 months prior to the first contracted date of the event, the liquidated damages fee is 50 percent of the total space rental charges.
3. If the rental is canceled within 24 months prior to the first contracted date of the event, the liquidated damages fee is 100 percent of the total space rental charges.
4. If for any reason licensee reduces the size of the licensed premises, the number of event dates, or otherwise reduces the scope of the rental (short of a full cancellation of the event), licensee shall be charged as liquidated damages, and not as a penalty, the total space rental charges for the released space as set forth in Exhibit A of the contract. Additionally, licensor will reduce the adjustments and waivers proportionately to reflect the appropriate discount percentage for the reduced event.
B. Non-conventions. Cancellation of a non-convention event taking place in the Phoenix Convention Center must be submitted in writing to the Director. The rental notification is deemed canceled on the date the Director receives the cancellation. The licensee will be liable for liquidated damages (and not a penalty) as outlined below:
1. If the rental is canceled from the date of contract signing to 12 months prior to the first contracted date of the event, the liquidated damages fee is 75 percent of the total space rental charges.
2. If the rental is canceled within 12 months prior to the first contracted date of the event, the liquidated damages fee is 100 percent of the total space rental charges.
3. If for any reason licensee reduces the size of the licensed premises, the number of event dates, or otherwise reduces the scope of the rental (short of a full cancellation of the event), licensee shall be charged as liqidated damages, and not as a penalty, the total space rental charges for the released space as set forth in Exhibit A of the contract. Additionally, licensor will reduce the adjustments and waivers proportionately to reflect the appropriate discount percentage for the reduced event
C. Theatrical venues. Cancellation of an event taking place in the theatrical venues must be submitted in writing to the Director. The rental notification is deemed canceled on the date the Director receives the cancellation. The licensee will be liable for liquidated damages (and not a penalty) as oulined below:
1. If the rental is canceled from the date of contract signing to six months prior to the first contracted date of the event, the liquidated damages fee is 75 percent of the total space rental charges.
2. If the rental is canceled within six months prior to the first contracted date of the event, the liquidated damages fee is 100 percent of the total space rental charges.
D. Cancellation fees. Cancellation fees may be waived if deemed appropriate by the Director.
E. Deposits. Deposits and use agreement payments retained due to cancellation may be refunded if deemed appropriate by the Director. (Ord. No. G-4675, §§ 1, 2(Att. A), 2005; Ord. No. G-4872, § 9, 2007; Ord. No. G-5511, § 6, 2010; Ord. No. G-5533, § 3, 2010; Ord. No. G-5894, 2014; Ord. No. G-7102, § 1, 2023. Formerly 10A-6)