Common use of Assumption of Risks; Release Clause in Contracts

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald or Facility. Neither Emerald nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditions. Emerald makes no representations or warranties, express or implied, regarding the quality or character of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; the number, nature or quality of persons or organizations who will exhibit at or attend the Event; or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald or Facility. Neither Emerald nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue xxx any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditions. Emerald makes no representations or warranties, express or implied, regarding the quality or character of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; the number, nature or quality of persons or organizations who will exhibit at or attend the Event; or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. Emerald or Facility may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald or Facility. Neither Emerald nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or regarding any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits, which is caused by the negligent acts or omissions of Exhibitor. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. Emerald or Facility may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald or Facility for any loss unless due to the gross omissions, negligence or willful misconduct of Emerald or Facility. Neither Emerald nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald nor Facility, nor their respective affiliates, officers, directorsdirec- tors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue xxx any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross omissions, negligence or willful misconduct of Emerald or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or regarding any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. Emerald or Facility may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald or Facility. Neither Emerald nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; , the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor understands that participation in the Event may place Exhibitor’s staff in close proximity to others which could lead to severe illness and complications from virulent and other diseases. Exhibitor has the sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. The Event or its staff or volunteers or various governmental officials such as the Monterey County Sheriff and the California Highway Patrol may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald the Event or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Neither Emerald the Event nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald the Event nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue xxx any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald The Event makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; , the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor understands that participation in the Event may place Exhibitor’s staff in close proximity to others which could lead to severe illness and complications from virulent and other diseases. Exhibitor has the sole responsibility for its property and any theft, damage damage, or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. The Event or its staff or volunteers or various governmental officials such as the Monterey County Sheriff and the California Highway Patrol may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald the Event or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Neither Emerald the Event nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald the Event nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue xxx any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald The Event makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; , the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence pres- ence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor Exhibi- tor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation subro- gation claims by its insurer. Emerald or Facility may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald or Facility. Neither Emerald nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to ExhibitorEx- hibitor. Neither Emerald nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; , the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor understands that participation in the Event may place Exhibitor’s staff in close proximity to others which could lead to severe illness and complications from virulent and other diseases. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. The Event or its staff or volunteers or various governmental officials such as the Monterey County Sheriff and the California Highway Patrol may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald the Event or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Neither Emerald the Event nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald the Event nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald The Event makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; , the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor understands that participation in the Event may place Exhibitor’s staff in close proximity to others which could lead to severe illness and complications from virulent and other diseases. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. The Event or its staff or volunteers or various governmental officials such as the Monterey County Sheriff and the California Highway Patrol may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald the Event or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Neither Emerald the Event nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald the Event nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue xxx any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald The Event makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; , the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation partici- pation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. Emerald or Facility may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald or Facility. Neither Emerald nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; , the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profitsprofits of Exhibitor, whether caused by or resulting from acts of the Fiji Hotel and Tourism Association (FHTA), Facility, any Event participants, including exhibitors and invitees, God, including weather conditions, or otherwise. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. The Association or Facility may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald the Association or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald or Facilityloss. Neither Emerald the Association nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald the Fiji Hotel and Tourism Association (FHTA) nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue xxx any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald The Association makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or regarding any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor has sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. Emerald or Facility may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald or Facility. Neither Emerald nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue xxx any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; , the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.

Assumption of Risks; Release. Exhibitor expressly assumes all risks associated with, resulting from or arising in connection with Exhibitor’s participation or presence at the Event, including, without limitation, all risks of theft, loss, harm, damage or injury to or of any person (including death), property, business or profits. Exhibitor understands that participation in the Event may place Exhibitor’s staff in close proximity to others which could lead to severe illness and complications from virulent and other diseases. Exhibitor has the sole responsibility for its property and any theft, damage or other loss to that property (whether or not stored in any courtesy storage area), including any subrogation claims by its insurer. The Event or its staff or volunteers or various governmental officials such as the Monterey County Sheriff and the California Highway Patrol may utilize personnel to regulate the flow of attendees at the Event, but such personnel are not security guards. Exhibitor shall insure its property against damage, loss and theft and agrees to not make any claims against Emerald the Event or Facility for any loss unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Neither Emerald the Event nor Facility accepts any responsibility, nor is a bailment created, for property delivered by or to Exhibitor. Neither Emerald the Event nor Facility, nor their respective affiliates, officers, directors, shareholders, agents, representatives, employees and assigns, shall be liable for, and Exhibitor hereby releases all of them from, and covenants not to sue any of them with respect to, any and all risks, losses, damages and liabilities, whether described in this Agreement or not, unless due to the gross negligence or willful misconduct of Emerald the Event or Facility. Exhibitor understands and agrees that the Event stages “Rain or Shine” and Exhibitor receives no allowance of any sort due to weather conditionsin the event of bad weather. Emerald The Event makes no representations or warranties, express or implied, regarding the quality or character success of the Event, including but not limited to the condition of the Facility, noise levels or other inconveniences or disruptions in or around the Facility; , the number, nature or quality number of persons or organizations who will exhibit at or attend the Event; , or any other matter, except as explicitly set forth herein. Exhibitor hereby accepts the Facility and the contracted exhibit space AS IS, with all faults, and without any implied warranties of merchantability or fitness for a particular purpose. This section shall survive any termination of this Agreement.