Limitation of Liability for Material Handling. If, and only if: (a) the Exhibitor's property is lost or damaged due to the performance or nonperformance of services provided by Xxxxxxxx or its subcontractors, or due to the negligence of Xxxxxxxx, its subcontractors or their employees; and (b) if such losses were not substantially caused or contributed to by the Exhibitor or its carrier, including but not limited to the failure to properly pack the Exhibitor Materials, the failure to properly label the Exhibitor Materials, or the failure to secure the Exhibitor Materials at the Show premises (those circumstances described by the preceding subsections (a) and (b) being referred to herein as the “Xxxxxxxx Material Handling Liability Circumstances”), Xxxxxxxx and its subcontractors shall be liable to the Exhibitor in an amount not to exceed the lesser of the following (“Xxxxxxxx Material Handling Liability Cap”): (i) $.30 per pound per article, with a maximum liability of $50.00 per item; or (ii) $1,000.00 per shipment, incident, occurrence or other claim of any nature whatsoever. The Exhibitor agrees that the amounts set forth in the immediately preceding sentence constitute the maximum amount for which Xxxxxxxx could be liable to the Exhibitor for damages to Exhibitor Materials. For the avoidance of doubt, Xxxxxxxx’x obligation to compensate the Exhibitor for loss or damage to the Exhibitor Materials shall be limited solely to the Xxxxxxxx Material Handling Liability Circumstances and in an amount not to exceed the Xxxxxxxx Material Handling Liability Cap.
Limitation of Liability for Material Handling. If, and only if: (a) the Exhibitor's property is lost or damaged due to the performance or nonperformance of services provided by Xxxxxxxx or its subcontractors, or due to the negligence of Xxxxxxxx, its subcontractors or their employees; and (b) if such losses were not substantially caused or contributed to by the Exhibitor or its carrier, including but not limited to the failure to properly pack the Exhibitor Materials, the failure to properly label the Exhibitor Materials, or the failure to secure the Exhibitor Materials at the Show premises (those circumstances described by the preceding subsections (a) and
