The availability of the purchased Hospitality Package may be limited or restricted for use and the number of daily credentials and general admission tickets, as applicable, may be reduced or limited based upon PGA Tour guidelines or federal and/or state restrictions, orders, regulations, or guidance related to health and safety, including as a result of Covid-19. If Purchaser fails for any reason (with the exception of excuse of performance for a Force Majeure Event as set forth in Section 6 below) to occupy or use the Hospitality Space during the Tournament, no refund of fees shall be made and all fees required pursuant to the Agreement, including any disbursements or expense incurred by The Thunderbirds in connection therewith, shall be retained by The Thunderbirds as liquidated damages and not by way of penalty. No refunds will be made to Purchaser with the exception of the provisions set forth in Section 6 The Thunderbirds reserve the absolute right to cancel the Agreement in the event Purchaser fails to pay any fee in a timely manner and Purchaser shall forfeit any rights to use and occupy the Hospitality Space pursuant to the License granted pursuant to Section 4 below. The Thunderbirds agree to provide Purchaser with the Hospitality Package for the Tournament in return for payment by Purchaser of the price set forth in the Transaction communication with Purchaser.
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