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CONSTELLATION 12. Cancellation. If Client cancels the Event, it must do so In writing and deliver such notice to Caterer via either certified mail return receipt requested or reputable overnight courier (i.e., Federal Express) (the "Cancellation Notice"). Upon Caterer's receipt of the Cancellation Notice, Caterer shall be entitled to retain an amount equal to the Deposit(or applicable portion thereof)plus Caterer's actual expenses incurred as a cancellation fee (the"Cancellation Fee") as Caterer's sole and exclusive remedy in connection with such cancellation. The Cancellation Fee will be held until the Event date, when It will be determined solely by the Caterer, based on its ability to resell the Facility for the Event date, the portion of the Cancellation Fee, if any, to be returned to the Client. Under no circumstances will the Cancellation Fee exceed the difference between the Total Estimate and what would have been Caterer's cost of performance under the Agreement had the Event not been cancelled, plus actual expenses incurred. If Client cancels the Event prior to the Guaranteed Count Date,Client shall be entitled to a refund of any additional monies paid to Caterer over and above the sum of(i) the portion of the Deposit then-paid and (ii) the Cancellation Fee. 13. Assignment of Agreement. The Agreement is not assignable by Client without Caterer's written consent, which may be granted or withheld at Caterer's sole discretion. Any attempted assignment or transfer by the Client without consent shall be void, and deemed a cancellation of the Event, and the Client shall remain liable for the Cancellation Fee. 14, Modifications. Caterer may, after notifying Client, make reasonable substitutions to menu, equipment, and other services listed on the Agreement. 15. Authority.Any person signing this Agreement in the name of a company, corporation, limited liability company, partnership,charitable organization,society, association,club, or any other organization or entity, represents that he/she is duly authorized to sign this Agreement on behalf of the Client entity and bind that entity to the terms and conditions of this Agreement. 16. Severability. The parties acknowledge and agree that the provisions of this Agreement are both reasonable and enforceable. However, if any portion or provision of this Agreement is determined to be illegal, invalid, or unenforceable by any court of competent jurisdiction and cannot be modified to be legal, valid, or enforceable, the remainder of this Agreement shall not be affected by such determination and shall be valid and enforceable to the fullest extent permitted by law, and said illegal, invalid, or unenforceable portion or provision shall be deemed not to be a part of this Agreement. 17. Entire Agreement. The Agreement (inclusive of the Proposal) represents the entire agreement between the parties with respect to the transactions contemplated herein and supersedes any and all other agreements between the parties, whether verbal or written. Any variation or other changes to the Agreement must be made in writing and signed by both Client and Caterer. 18. Governing Law. The Agreement shall be interpreted and enforced according to the laws of the State of California, without regard to conflict of law principles. Any disputes shall be heard by a court of competent jurisdiction located in the State of California. ............................................................................................................................. ................ Santa Ana Police Dept Awards Reception, 2/25/26 Event Number: BOW_638387, Terms & Condition, Printed: 2/5/26 8