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1.) DEFINITIONS: Agents - Subcontractors, carriers and the agent of each

subject to the limitations of liability below, ICES shall defend, hold harmless and indemnify

Customer from and against any claims, lawsuits, demands, liability, costs and expenses,

Customer - Exhibitor or other party requesting services from ICES

including reasonable attorney's fees and court costs, resulting from any injury to or death of

Carrier - Motor carrier, air carrier or surface carrier/freight forwarder

person, or damage to property other than Goods, ICES assumes no liability for bodily injury

Shipper - parrty who tenders goods to carrier for transportation

resulting from Customers' presence in areas which have been marked as "off limits to exhibitor

Goods - Exhibits, property and commodit

and during hours and days when exhibitors are present in the facility, prior to to the start from

Cold Storage - Holding of Goods in a climate controlled area

Customers' presence in areas which have been marked as "off limits to exhibitors' and during

Services - Warehousing, transportation, drayage, unsupervised labor, supervised labor and/o

to exhibitors" and during hours and days when exhibitors are present in the facility, prior to

related services. Show Site - Venue or place when a conference or event takes place.

the start of and after the conclusion of their space lease with Show Management. 5.) No liability for consequential damages. UNDER NO CIRCUMSTANCES WILL ANY

Supervised Labor - Labor that is provided to a customer to install or dismantle a booth or

WILL ANY PARTY BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR

exhibit space, and is supervised and/or directed. Unsupervised Labor - Labor that is provided to a customer to install or dismantle a booth

PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR

INCOME.

or exhibit space and per Customer's election is not supervised and or directed by ICES.

6. ICES Liability for Loss or Damage to Goods. Negligence standard: ICES shall be liable, subject to the limitations contained herein, for loss

Customer assumes the responsibility for the work of labor when Customer elects to use

unsupervised labor.

or damage to Goods only if such loss or damage is caused by the direct negligence or willful

2.) SCOPE:

misconduct of ICES. Condition of Goods - ICES shall not be liable for damage, loss, or delay due to uncrated

These terms and conditions shall be binding upon Customer, ICES and their respective Agents

and representatives, including but not limited to Customer contracted labor such as Customer

freight, freight improperly packed, glass breakage or concealed damage. ICES shall not be

Appointed Contractors and Installation and Dismantle Companies, and any other party with an

liable for ordinary wear and tear in handling of Goods or for damage to shrinkwrapped

interest in Goods. Each shall have the benefit of and be bound shall have the benefit of and

Goods. All Goods should be able to withstand handling by heavy equipment, including but not

be bound by all provisions stated herein, including but not limited to time limits and limitations

limited to forklifts, cranes, or dollies. It is the Customers' responsibility to ensure that Goods

of liability.

are packaged correctly prior to shipment or movement on or off the Show floor. Receipts of Goods - ICES shall not be liable for Goods received without receipts, freight bills,

By acceptance of services of ICES or Agents, Customer and any other party with

an interest in the Goods agree to these Terms and Conditions.

or specified unit counts on receipts or freight bills. Such Goods shall be delivered to booth

3.) CUSTOMER OBLIGATIONS: Payment for services. Customer shall be liable for all unpaid charges for services performed by

without the guarantee of piece count of condition. Force Majeure (fawrs ma-zhcer) - ICES shall not be liable for loss or damage that results from

ICES or Agents. Customer authorizes ICES to charge its credit card directly for services

Acts of God, weather conditions, act or default of Customer, shipper, or the owner of the

rendered on its' behalf after departure, by placing an order via fax or through a work order

Goods, inherent nature of the Goods, public enemy, public authority, labor disputes, and acts

on site. Credit Terms: All charges are due before services are performed unless other arrangements

of terrorism of war. Cold Storage - Goods requiring cold storage are stored at Customer's own risk. ICES assumes

have been made in advance. ICES has the right to require prepayment or guarantee of the

no liability or responsibility for Cold Storage. Accessible Storage - ICES assumes no liability for loss or damage to Goods while in Accessible

charges at the time of request for services. A failure to pay timely will result in Customer

having to pay in cash in advance for future services. If a credit card is provided to ICES, ICES

Storage. Storage charges are for the use for space and are not a form of insurance, or a

is authorized to bill to such credit card any unpaid charges for services provided to Customer,

guarantee of security. Unattended Goods - ICES assumes no liability for loss or damage to unattended Goods

including charges for return shipping. Any charges not paid within 30 days of delivery will be

subject to interest at 1-1/2% per month until paid.

received at Show Site at any time from the point of receipt of inbound Goods until the loading

4.) MUTUAL OBLIGATIONS:

of the outbound Goods, including the entire term of the respective show or exhibition.

Indemnification: Customer to ICES - Except to the extent of ICES's own negligence and/or willful misconduct,

Customer is responsible for insuring its' own Goods for any and all risk or loss. Labor - ICES assumes no liability for loss, damage, or bodily injury arising out of Customer's

Customer shall defend, hold harmless and indemnify ICES from and against any claims,

supervision of ICES provided labor. If ICES supervises labor for a fee, ICES shall be liable

lawsuits, demands, liability, cost and expenses, including reasonable attorney's fees and

only for actions or claims arising out of its' negligent supervision. If Customer elects to use

court costs, resulting from any injury to or death of persons, or damage to property relating

unsupervised labor, then Customer assumes all liability for the actions or claims that arise

to or arising from performance under this Agreement.

out of such work, and shall provide ICES and show management with an indemnity, including

Coustomer agrees to indemnify and hold ICES harmless for any and all acts of its

defense costs, for any claims that result from Customers' supervision or failure to supervise

representatives and agents, including but not limited to Customer Appointed Contractors

assigned labor. Empty Storage - ICES assumes no liability for loss or damage to Goods or crates, or the

and Installation and Dismantle Companies, any subtenant or other user of its' space or

any agents or employees engaged in business on its' behalf of Customer or present at

contents therein, while containers are in storage. It is Customer's sole responsibility to affix the

Customers' invitation. ICES to Customer - To the extent of ICES' own negligence and/or willful misconduct, and

appropriate labels available at the ICES Service Desk for empty container storage. Damage that is the direct result of ICES' negligence shall be subject to the limitations of liability set

HAWAIIAN EYE 2010

ICES

GRAND HYATT KAUAI RESORT & SPA JANUARY 17 - 22, 2010

1004 MAKEPONO ST HONOLULU, HI 96819 PH (808) 832-2430 FAX (808) 832-2431

(page 1 of 2)

LIMITS OF LIABILITY & RESPONSIBILITY

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