Tribeca 360

(a) If the Patron cancels this Agreement and the event is 8 months or more away, the cancellation fee charged to the Patron shall be 20% of guaranteed minimum number of guests multiplied by the per person price stated herein, plus any actual expenses incurred by the Caterer. (b) If the Patron cancels this Agreement and the event is scheduled within 8 months’ time, the cancellation fee shall be 50% of the guaranteed minimum number of guests multiplied by the per person price stated herein, plus any actual expenses incurred by the Caterer. (c) If the Patron cancels this Agreement and the event is scheduled within sixty (60) days prior to the event, the cancellation fee shall be 70% of the guaranteed minimum number of guests multiplied by the per person price stated herein, plus any actual expenses incurred by the Caterer. (d) If the Caterer rebooks the Function date with another Patron for a price that is equal to or greater than the price set forth in this Agreement, the final cancellation fee charged the Patron will be 5% of the total price for the Function (excluding sales tax) or $5,000.00, whichever is less, plus the actual expenses incurred by Caterer not applicable to the rebooked event. (e) If the Caterer rebooks the Function date with another Patron for a price that is less than the price set forth in this Agreement, the cancellation fee charged the Patron will be the difference between the Function price and the price for the rebook event, excluding sales tax, plus the actual expenses incurred by Caterer not applicable to the rebooked event. Based on Caterer’s receipt of written notification of cancellation from the Patron, this cancellation fee will not exceed the cancellation fee percentages in 9(b) or 9(c) as stated herein. (f) Caterer will make a diligent effort to rebook the Function Date, which shall only require Caterer to use that level of effort ordinarily applied by Caterer in booking dates at the Facility at the applicable seasonal rates. (g) Caterer will first apply Patron’s deposits paid on account to the amount due Caterer in the event of cancellation.