Common use of LIABILITY AND REFUNDS Clause in Contracts

LIABILITY AND REFUNDS. Participation by the Exhibitor in the Exhibition is solely at the Exhibitor's own risk. The Exhibitor agrees to indemnify and hold the Organisers harmless, on demand, against all claims, liabilities, losses, suits, proceedings, damages, judgments, expenses, costs (including legal fees) and charges of any kind howsoever incurred by or on behalf of or made against the Organisers arising out of any breach of any of this Contract or the Exhibitor's Manual or any other default or negligence of, or any damage or loss caused by, the Exhibitor and/or any of its Representatives. All exhibits are brought to, displayed at and removed fromthe Exhibition Centre at the Exhibitor's own risk and shall be safeguarded by the Exhibitor at all times. The Organiser shall not be liable for any losses (including consequential losses), damages, demands, costs, claims, charges or other expenses of any kind suffered or incurred by the Exhibitor or any other person arising in connection with the Exhibition including, without limitation, any theft, fire, use of the Security Room Service, defect in the Exhibition Centre howsoever caused, cancellation or early closure of, or delay in the opening or closing of, the Exhibition for whatever reason outside the control of the Organiser, any matter referred to in paragraph 3 & 4 of these Terms and Conditions, any natural calamity or any act of God, howsoever arising. The Exhibitor shall be liable to any third party for, inter alia, any claims, injury or damage arising fromits booths and its portion of the shell scheme. The Organisers accept no responsibility and shall not incur any liability to the Exhibitor or any other person for (a) any error or omission in any information relating to it, its equipment, products or services in any promotional material, information or thing provided to the Organisers or any other person by the Exhibitor, (b) any error or omission relating to it, its equipment, products or services in the Exhibition's Official Directory or in any promotional material, information or thing produced or commissioned by the Organisers or that Exhibitor, (c) products displayed or sold by any exhibitor at the Exhibition, (d) the Organisers carrying out any of their obligations under this Contract or the Exhibitors' Manual, or (e) any loss or damage or any indirect or consequential loss caused by or arising from any of the equipment and computer systems (inclusive of hardware and software) of and services provided by the Organisers, by any supplier to the Organisers or by the Exhibition Centre Operator failing or being defective. In the event that the Organisers postpone, change the venue of, or otherwise make changes to the Exhibition under clause 4:

LIABILITY AND REFUNDS. (PLEASE REVIEW THIS CLAUSE 13 CAREFULLY) Participation by the Exhibitor in the Exhibition is solely at the Exhibitor's ’s own risk. The Exhibitor agrees to indemnify and hold the Organisers harmless, on demand, against all claims, liabilities, losses, suits, proceedings, damages, judgments, expenses, costs (including legal fees) and charges of any kind howsoever incurred by or on behalf of or made against the Organisers arising out of any breach of any of this Contract or the Exhibitor's ’s Manual or any other default or negligence of, or any damage or loss caused by, the Exhibitor and/or any of its Representatives. All exhibits are brought to, displayed at and removed fromthe from the Exhibition Centre Area at the Exhibitor's ’s own risk and shall be safeguarded by the Exhibitor at all times. The Organiser shall not be liable for any losses (including consequential losses), damages, demands, costs, claims, charges or other expenses of any kind suffered or incurred by the Exhibitor or any other person arising in connection with the Exhibition including, without limitation, (a) any theft, fire, (b) use of the Security Room Service, (c) defect in the Exhibition Centre Area howsoever caused, (d) cancellation or early closure of, or delay in the opening or closing of, the Exhibition for whatever reason outside the control of the Organiser, (e) any matter referred to in paragraph 3 & 4 of these Terms and Conditions, (f) any natural calamity or any , act of GodMaster of Vessel, howsoever arising. The Exhibitor shall be liable to any third party for, inter alia, any claims, injury or damage arising fromits from its booths and its portion of the shell scheme. The Organisers accept no responsibility and shall not incur any liability to the Exhibitor or any other person for (a) any error or omission in any information relating to it, its equipment, products or services in any promotional material, information or thing provided to the Organisers or any other person by the Exhibitor, (b) any error or omission relating to it, its equipment, products or services in the Exhibition's ’s Official Directory or in any promotional material, information or thing produced or commissioned by the Organisers or that Exhibitor, (c) products displayed or sold by any exhibitor at the Exhibition, (d) the Organisers carrying out any of their obligations under this Contract or the Exhibitors' Manual, or (e) any loss or damage or any indirect or consequential loss caused by or arising from any of the equipment and computer systems (inclusive of hardware and software) of and services provided by the Organisers, by any supplier to the Organisers or by the Exhibition Centre Operator failing or being defective. In the event that the Organisers postpone, change the venue of, or otherwise make changes to the Exhibition under clause 4:,

LIABILITY AND REFUNDS. Participation by the Exhibitor in the Exhibition is solely at the Exhibitor's ’s own risk. The Exhibitor agrees to indemnify and hold the Organisers Organizers harmless, on demand, against all claims, liabilities, losses, suits, proceedings, damages, judgments, expenses, costs (including legal fees) and charges of any kind howsoever incurred by or on behalf of or made against the Organisers Organizers arising out of any breach of any of this Contract or the Exhibitor's Exhibitor Manual or any other default or negligence of, or any damage or loss caused by, the Exhibitor and/or any of its Representatives. All exhibits are brought to, displayed at and removed fromthe from the Exhibition Centre Area at the Exhibitor's ’s own risk and shall be safeguarded by the Exhibitor at all times. The Organiser Organizer shall not be liable for any losses (including consequential losses), damages, demands, costs, claims, charges or other expenses of any kind suffered or incurred by the Exhibitor or any other person arising in connection with the Exhibition including, without limitation, (a) any theft, fire, (b) use of the Security Room Service, (c) defect in the Exhibition Centre Area howsoever caused, (d) cancellation or early closure of, or delay in the opening or closing of, the Exhibition for whatever reason outside the control of the OrganiserOrganizer, (e) any matter referred to in paragraph 3 & 4 of these Terms and Conditions, (f) any natural calamity or any , act of GodMaster of Vessel, howsoever arising. The Exhibitor shall be liable to any third party for, inter alia, any claims, injury or damage arising fromits from its booths and its portion of the shell scheme. The Organisers Organizers accept no responsibility and shall not incur any liability to the Exhibitor or any other person for (a) any error or omission in any information relating to it, its equipment, products or services in any promotional material, information or thing provided to the Organisers Organizers or any other person by the Exhibitor, (b) any error or omission relating to it, its equipment, products or services in the Exhibition's ’s Official Directory or in any promotional material, information or thing produced or commissioned by the Organisers Organizers or that Exhibitor, (c) products displayed or sold by any exhibitor at the Exhibition, (d) the Organisers Organizers carrying out any of their obligations under this Contract or the Exhibitors' ’ Manual, or (e) any loss or damage or any indirect or consequential loss caused by or arising from any of the equipment and computer systems (inclusive of hardware and software) of and services provided by the OrganisersOrganizers, by any supplier to the Organisers Organizers or by the Exhibition Centre Area Operator failing or being defective. In For the avoidance of doubt, in the event that the Organisers Organizers postpone, change the venue of, of or otherwise make changes to the Exhibition under clause 4:4 or clause 13: (a) the Contract shall continue to bind the parties; (b) the Exhibitor shall not be entitled to any refund of any payments made in respect of the Exhibition Space, and shall remain liable to pay the balance of the Fees, if any; and (c) the Exhibitor shall have no claim whatsoever for compensation for loss or damage suffered or additional expenses incurred as a result of any postponement , change of venue or other change to (including any alteration in character or reduction in scale of) the Exhibition . In the event that the Organizers cancel the Exhibition under clause 13: (a) the Exhibitor shall have no claim whatsoever for compensation for loss or damage suffered or additional expenses incurred as a result of any such cancellation of the Exhibition. The Exhibitor acknowledges that, in light of the Fees, the above provisions of this clause are no more than is reasonable to protect the Organizers as Organizers of the Exhibition. Nothing in this clause shall have the effect of limiting or excluding the Organizers ’ liability for fraud, or for death or personal injury caused by negligence of the Organizers to the extent it cannot be excluded or restricted at law in the relevant jurisdiction , but any liability shall be limited to the minimum liability imposed at law, and not beyond such minimum liability. (b) If it’s impossible to hold the exhibition as scheduled due to any reason, the already paid monies by the exhibitor or sponsors shall not be refunded unless the Organizers decide otherwise by refunding the payment after deducting the necessary expenses. (c) If this Agreement is terminated by the Organizer in accordance with the article 10.2, the Organizer shall not be liable for any direct, indirect, consequential loss, damage, expense etc. with the exception of participation fee paid by the Exhibitors.