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The Terms and Conditions set forth below are part of the contractual agreement between PeakXpo, LLC. and you the EXHIBITOR. Exhibitor agrees to and accepts the terms and conditions of this contract when any of the following conditions are met: THE MATERIAL HANDLING AGREEMENT IS SIGNED; OR THE EXHIBITOR’S MATERIALS ARE DELIVERED BY A CARRIER TO PeakXpo's WAREHOUSE OR TO A SHOW/EXPOSITION SITE FOR WHICH PeakXpo IS THE OFFICIAL SHOW CONTRACTOR, OR A SUBCONTRACTOR FOR THE OFFICIAL SHOW CONTRACTOR; OR AN ORDER FOR LABOR AND/OR RENTAL EQUIPMENT IS PLACED BY EXHIBITOR WITH PeakXpo, LLC. 1. DEFINITIONS For purposes of this contract, “PeakXpo” means PeakXpo, LLC. and their employees, agents, directors and assigns, affiliated companies, related entities including but not limited to any subcontractors PeakXpo may appoint. The term “EXHIBITOR” means the Exhibiting Company, its employees, agents, representatives, and any Exhibitor Appointed Contractor (EAC). 2. PACKAGING AND CRATES PeakXpo shall not be responsible for damage to loose/uncrated materials, pad wrapped or shrink-wrapped materials, glass breakage, concealed damage, carpets in bags or poly, or materials improperly packed. In addition PeakXpo shall not be responsible for crates and packaging which are unsuitable for handling, in poor condition, or having prior damage. Crates and packaging should be of a design to adequately protect contents for handling by forklift and similar means. 3. EMPTY CONTAINERS Empty container labels will be available at the show site service desk. Affixing labels to the containers is the sole responsibility of EXHIBITOR or his/her representative. All previous labels must be removed or obliterated. PeakXpo assumes no responsibility for: • Error in the above procedures • Removal of containers with old empty labels and without PeakXpo labels • Improper information on empty labels PeakXpo will NOT BE LIABLE FOR LOSS OR DAMAGE TO CRATES AND CONTAINERS OR THEIR CONTENTS WHILE SAID ITEMS ARE IN EMPTY CONTAINER STORAGE. 4. INBOUND SHIPMENTS Consistent with trade show industry practices, there may be a lapse of time between the delivery of shipment(s)to the booth and the ar-rival of EXHIBITOR or his representative. During such time the materials will be left unattended. PeakXpo WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, THEFT, OR DISAPPEARANCE OF EXHIBITOR’S MATERIALS AFTER SAME HAVE BEEN DELIVERED TO EXHIBITOR’S BOOTH AT THE SHOW SITE. PeakXpo recommends hiring security services from Convention Center or Show Management. 5. OUTBOUND SHIPMENTS Consistent with trade show industry practices, there may be a lapse of time between the completion of packing and the actual pickup of materials from the booths for loading onto a carrier. During such time the materials will be left unattended. PeakXpo WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, THEFT OR DISAPPEARANCE OF EXHIBITOR’S MATERIALS BEFORE SAME HAVE BEEN PICKED UP FOR RELOADING AT THE CONCLUSION OF THE EVENT. PeakXpo highly recommends hiring security services from Convention Center or Show Management. All Material Handling Agreements submitted to PeakXpo by EXHIBITOR will be checked at the time of pickup from the booth and corrections will be made where discrepancies exist between the quantities of items on any Agreement submitted to PeakXpo and the actual count of such items in the booth at the time of pickup. 6. DELIVERY TO THE CARRIER FOR RELOADING. PeakXpo WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, THEFT, OR DISAPPEARANCE OF EXHIBITOR’S MATERIALS AFTER SAME HAVE BEEN DELIVERED TO EXHIBITOR’S APPOINTED CARRIER, SHIPPER, OR AGENT FOR TRANSPORTATION AFTER THE EVENT, INCLUDING A PeakXpo DESIGNATED CARRIER IN ACCORDANCE WITH SECTION 7 BELOW. PeakXpo loads the materials onto the carrier under directions from the carrier or driver of that same carrier. Any reloading into the carrier will be understood to be under the exclusive supervision and control of the carrier or driver of that carrier. PeakXpo ASSUMES NO RESPONSIBILITY FOR LOSS, DAMAGE, THEFT OR DISAPPEARANCE OF EXHIBITOR’S MATERIALS THAT ARISE OUT OF IMPROPERLY LOADED MATERIALS. 7. DESIGNATED CARRIERS. In order to expedite removal of materials from the show site, PeakXpo shall have the authority to change designated carriers if the carrier designated by the EXHIBITOR does not pick up the shipment(s) in time. Where no disposition is made by EXHIBITOR, materials may be taken to a warehouse to await EXHIBITORS shipping instructions and EXHIBITOR agrees to be responsible for charges relating to such rerouting and handling. IN NO EVENT SHALL PeakXpo BE RESPONSIBLE OR LIABLE FOR ANY LOSS RESULTING FROM SUCH REROUT-ING DESIGNATION. EXHIBITOR hereby understands and agrees that the carrier’s terms and conditions apply to their shipment once the materials have been accepted by said carrier. It is the responsibil-ity of the EXHIBITOR to familiarize himself/herself with these Terms and Conditions PeakXpo WILL NOT BE RESPONSIBLE OR LIABLE FOR FAILURE TO PROVIDE THESE CARRIER TERMS AND CONDITIONS TO THE EXHIBITOR. 8. PEAKXPO's RESPONSIBILITIES PeakXpo shall be responsible only for those services which it directly provides. PeakXpo assumes no responsibility for any persons, parties, or other contracting firms not under PeakXpo’s direct supervision and control. PeakXpo shall not be responsible for loss, delay or damage due to strike lockouts, work stoppages, natural elements, vandalism, civil disturbances, power failure, explosion, acts of terrorism or war, other causes beyond PeakXpo’s reasonable control, nor for ordinary wear and tear in the handling of materials. 9. INSURANCE It is understood that PeakXpo is not an insurer. Any insurance shall be obtained by EXHIBITOR in amounts and for perils determined by EXHIBITOR. EXHIBITOR agrees to provide PeakXpo with a release and waiver of subrogation to the extent of any insurance settlement received. 10. CLAIM(S) FOR LOSS EXHIBITOR agrees that any and all claims for loss or damage must be submitted to PeakXpo immediately at the show site and in any case not later than thirty (15) days after the conclusion of the show or exposition. (For purposes of claim reporting, the ‘conclusion’ of the show shall be construed as the time when EXHIBITOR’S materials are delivered to the carrier for transportation from the show site or from PeakXpo’s warehouse.) All claims reported after thirty (15) days will be rejected. In no event shall a suit or action be brought against PeakXpo more than one year after the date of loss or damage occurred. A. PAYMENT FOR SERVICES MAY NOT BE WITHHELD. In the event of any dispute between the EXHIBITOR and PeakXpo relative to any loss, damage, or claim, such EXHIBITOR shall not be entitled to and shall not withhold payment, or any partial payment, due to PeakXpo for its services, as an offset against the amount of any alleged loss or damage. Any claims against PeakXpo shall be considered a separate transaction, and shall be resolved on its own merits. B. MAXIMUM RECOVERY. THE DECLARED VALUE DOES NOT APPLY TO THE SERVICES PROVIDED BY PeakXpo if found liable for any loss. PeakXpo’s sole and exclusive MAXIMUM liability for loss or damage to EXHIBITOR’S materials and EXHIBITOR’S sole and exclusive remedy is limited to repair or replacement with like kind and quality, subject to a dollar amount limited equal to the amount paid by EXHIBITOR to PeakXpo for Material Handling services during the show or exposition under this contract. C. BREACH OF CONTRACT AND/OR NEGLIGENCE. PeakXpo’s liability shall be limited to any loss or damage which results solely from PeakXpo’s NEGLIGENCE in the actual physical handling of the items comprising EXHIBITOR’S shipment(s) OR which results from BREACH OF THIS CONTRACT and not for any other type of loss or damage. In no event shall PeakXpo be liable to the EXHIBITOR or to any other party for special, collateral, exemplary, indirect, incidental, or consequential damages, whether such damages occur either prior to, subsequent to, or are alleged as a result of tortuous conduct, failure of the equipment or services of PeakXpo or breach of any of the provisions of this agreement regardless of the form of action, whether in contract or in tort, including strict liability and negligence, even if PeakXpo has been advised or has notice of the possibility of such damages or for any damages caused by EXHIBITOR’S failure to perform EXHIBITOR’s responsibilities. Such excluded damages include but are not limited to: loss of profits, loss of use or interruption of business, or other consequential or indirect economic loss(s). 11. JURISDICTION THIS CONTRACT SHALL BE CONSTRUED UNDER THE LAWS OF THE STATE OF COLORADO WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS AND RULES. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS CONTRACT SHALL RESIDE IN A COURT OF COMPETENT JURISDICTION IN DOUGLAS COUNTY, COLORADO. 12. INDEMNIFICATION EXHIBITOR agrees to indemnify, forever hold harmless and defend PeakXpo and their employees, directors, officers and agents from and against any and all demands, claims, causes of action, fines, penalties, damages (including consequential), liabilities, judgments and expenses (including but not limited to reasonable attorneys’ fees and investiga-tion costs) on account of personal injury or death, damage to or loss of property or profits arising out of or contributed to, by any of the following: • EXHIBITOR’S negligent supervision of any labor secured through PeakXpo or the negligent supervision of such labor by any of EXHIBITORS employees, agents, representatives, customers, invitees and/or any Exhibitor Appointed Contractor (EAC). • EXHIBITOR’S negligence, willful misconduct, or deliberate act, or the negligence, willful misconduct, or deliberate act of EXHIBITOR’S employees, agents, representatives, customers, invitees, and/or any Exhibitor Appointed Contractor (EAC) at the show or exposition to which this contract relates, including but not limited to the misuse, improper use, unauthorized alteration, or negligent handling of PeakXpo’s equipment. • EXHIBITOR’S violation of Federal State, County or Local ordinances. • EXHIBITOR’S violation of Show Regulations and/or Rules as published and set forth by Convention Center and/or Show Management. 13. WAIVER AND RELEASE EXHIBITOR, as a material part of the consideration to PeakXpo for services, waives and releases all claims against PeakXpo with respect to all matters for which PeakXpo disclaimed liability pursuant to the provisions of this Agreement. 14. MISCELLANEOUS EXHIBITOR, as a material part of the consideration to PeakXpo for material handling services, waives and releases all claims against PeakXpo, its employees, agents, directors and officers with respect to all matters for which PeakXpo has disclaimed liability pursuant to the provisions of this contract. The EXHIBITOR acknowledges that he or she has read this agreement, understands it and agrees to be bound by its terms, and further agrees that it is the complete and exclusive agreement between the parties. The invalidity or unenforceability of any provision hereof shall not affect, modify, or impair the validity and enforceability of all other provisions herein.