3. The applicable Partnership Package described in the Partnership Brochure and referenced above shall benefit Partner for a one year period as stated above.
4. If Partner fails to make its Partnership payment(s) as set forth above, NAMAR may withhold benefits and terminate the Partnership Package.
5. NAMAR and Partner agree that in the event Partner breaches this agreement and NAMAR terminates the Partnership Package, Partner shall pay and NAMAR agrees to accept the full cost of the Partnership Package as set forth in Number 1 of this Agreement and such amount shall constitute liquidated damages.
6. If NAMAR withholds benefits and Partner subsequently pays NAMAR any and all amounts due, NAMAR will restore the Partnership Package less any benefits withheld during the suspension period.
7. In the event Partner is considered a real estate brokerage firm and Partner’s level of Partnership allows Partner to have a banner for educational sessions where the attendees will be eligible to receive continuing education credit, such banner will hang outside classroom in compliance with all rules and regulations of the Georgia Real Estate Commission that prohibit recruiting of licensees during or as part of any such educational session.
8. In the event Partner is considered a real estate brokerage firm and Partner’s level of Partnership allows Partner to have speech time at the end of educational sessions where the attendees will be eligible to receive continuing education credit, such speech will be scripted to be in compliance with all rules and regulations of the Georgia Real Estate Commission that prohibit the recruiting of licensees during or as part of any such educational session.
9. NAMAR respectfully requests that no mass solicitation of any form (i.e. – hospitality suites/receptions, gift giving, flyers outside NAMAR Trade Expo, etc.) shall be allowed at any official NAMAR function without prior approval by NAMAR.
10. Parties acknowledge that NAMAR is not making any representations as the tax treatment regarding any payments made pursuant to this Agreement.
11. Force Majeure.
No Party will be held responsible to the other Party nor be deemed to be in default under, or in breach of any provision of, this Agreement for failure or delay in performing any obligation of this Agreement when such failure or delay is due to force majeure, and without the fault or negligence of the Party so failing or delaying. For purposes of this Agreement, force majeure means a cause beyond the reasonable control of a Party, which may include acts of God; acts, regulations, or laws of any government; war; terrorism; civil commotion; fire, flood, earthquake, tornado, tsunami, explosion or storm; pandemic; epidemic and failure of public utilities or common carriers. In such event the Party so failing, or delaying, will immediately notify the other Party of such inability and its’ reason to give notice. The Party giving such notice will be excused from its obligations under this Agreement as it is thereby disabled from performing as per the cause beyond reasonable control. To the extent possible, each Party will use reasonable efforts to minimize the force majeure.