Building Blocks 2008 - A Digital Hollywood Event

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Exhibitor & Sponsor Contract - Page 1
August 5-7, 2008, Marriott San Jose, San Jose, California

In this Document, Your Company (hereinafter called Exhibitor) and Building Blocks, a Digital Hollywood Event (hereinafter called Management) it is Agreed between the parties that the Exhibitor shall pay the sum (as indicated on page two of this document), Total Amount Due upon signing of this agreement.

It is further agreed that the Exhibitor is asked to give three choices indicating for each the number, the size and cost of the space desired. An Exhibitor cannot be certain any of his three choices will be assigned inasmuch as all may have been assigned to other exhibitors. All selections, however, will be given every possible consideration.

It is further Agreed that if the Exhibitor fails to comply in any substantial respect with the terms of this agreement, the Management shall have the right without notice to the Exhibitor, to sell said space at public or private sale, the said Exhibitor to be liable for any deficiency, loss or damage suffered by the Management by reason of the premises herein stated, which said deficiency, loss or damage, the Exhibitor agrees to pay to the said Management upon demand together with the reasonable expenses and cost incurred by reason thereof, or the Management at its option may retain payment made by the Exhibitor as liquidated damages. The actual occupancy of said space by an exhibit is of the essence hereof, and upon default by the Exhibitor as herein provided said Management is expressly authorized to occupy or cause said space to be occupied in such manner as it may deem best for the interest of the said Exposition, without any rebate or allowance whatsoever therefore to said Exhibitor and without in any way releasing said Exhibitor from any liability hereunder, and said Exhibitor expressly agrees to pay said management the full sum as hereinabove set forth. This agreement is subject and subordinate to the lease between the exhibition hall and the Management for the Exposition premises for the period of the Show.

It is further agreed that the Exhibitor shall not assign or sublet any part of the said space without the consent of the Management in writing. All exhibits are to be subject to the approval of the Management. Only the sign of the Exhibitor whose name appears upon the face of this contract can be place in the booth or in the printed list of exhibitors of the Exposition. The Management reserves the right to re-allocate space in the event changes in the floor plan are required by structural changes in the building by municipal authorities or in the interest of better showing or enhancement to the Show. It Is Further Agreed that in case said premises shall be destroyed by fire or the elements, or by any other cause, or in case Government intervention or regulation, military activity, strikes or any other circumstances shall make it impossible or inadvisable for the Management to hold the Show at the time and place herein provided, then and thereupon this agreement shall terminate and the said Exhibitor shall and does hereby waive any claim for damages or compensation, expect the pro rata return of the amount paid after deduction of actual expenses incurred in connection with the show and there shall be no further liability on the part of either party. It Is Further Agreed that the condition, rules and regulations printed and set out below are made a part hereof as though fully incorporated herein, and that the said Exhibitor agrees to be bound by each and every one thereof. The Management shall have full power in the matter of interpretation, amendment and enforcement of all said rules and regulations, and that any such amendments when made and brought to the notice of the said Exhibitor shall be and become part hereof as though duly incorporated herein and subject to each and every one of the terms and conditions herein set forth. No agreement with reference to the matter herein contained shall become a part hereof, unless duly endorsed herein.

Character of Exhibits: The Management will prohibit the installation of any exhibit not approved of by it. Distribution by Exhibitors of any printed matter, souvenirs or other articles shall be restricted to within the space occupied by their exhibits. No exhibits or advertising will be allowed to extend beyond the space allotted to the Exhibitor.

Demonstrations, Sales of Goods, Etc.: All efforts to advertise, promote sales and operate the exhibit must be conducted so as not to trespass the rights of other Exhibitors and visitors. The following are prohibited: Solicitations (in person or by any sound-producing process) above the ordinary speaking tone of voice: any other practice resulting in complaint from an Exhibitor or visitor which, in the opinion of the Management, is a trespass of the rights of others or exposes them to annoyance or danger.

Division of Spaces: The Management will not permit the subletting of space or the exhibition of anything not specified in the contract.

Liability and Insurance: The Management shall not be responsible for loss of or damage to displays or goods belonging to Exhibitors, whether resulting from storms, acts of God, theft, pilferage, mysterious disappearance, or other causes. All such items are brought to the exhibit hall and displayed at the exhibitor's own risk, and should be safeguarded at all times.

Management will provide the services of a reputable protective agency during the periods of installation, show and dismantling, and Exhibitor agrees that the provision of such service constitutes adequate discharge of all obligations of the Management to supervise and protect Exhibitor's property. Exhibitors may furnish additional guards and may insure their property at their own cost and expense. Exhibitor warrants that it is in full compliance with all California statutes, rules and regulations applicable to the operation of its business with the State.

Receipt of Goods: Goods will be received at the receiving door by the receiving clerk there on duty. Goods should be plainly marked and all charges pre-paid. The receiving clerk will have in charge a corps of men who will assist in placing the exhibits in their respective places. All exhibits should be ready for the opening hour of the Exposition. The Management will not allow any noise or moving exhibits after this time. Exhibitors will be permitted to begin setting up their exhibits on Monday, August 4th at Noon.

Removal of Goods During Exposition: No exhibit or portion thereof may be removed from the building during the Exposition without the consent of the Management thereto in writing. Removal of goods from the building must be through the receiving entrance. Removal begins Thursday, August 7 at 2:30 PM.

Decorations, Signs, Etc.: The price (for full size booths) in this contract includes standard background, side railing and sign furnished by Management. No front railing will be installed. Plans for special booth work must be submitted for approval of the Management before installation. All special booth work must conform with standard backwall and side rail dimensions fixed by the management. All booth and installation work must be performed by Union Labor having jurisdiction, as the Management cannot take responsibility for interference with the Show caused by labor disputes.

All Decorations Must be Fireproof: All bunting, draperies, and other fabrics must be fireproofed before entering into the decoration of any exhibit. Paper decorations, cut evergreens or branches are not permitted. Exhibitors must comply with all laws, rules, regulations and ordinances in force in the City of San Jose and State of California.

Special Electrical, Gas or Water Service, etc.: These as well as other special services needed by individual Exhibitors are provided only when the Exhibitor orders and agrees to pay for them specially from the people authorized to supply such service in conformity with city, insurance and other requirements.

Removal of Goods: Exhibits must be removed from the building by 5:00 PM on, Thursday, August 7, 2008. In the event any Exhibitor fails to remove his exhibit in the allotted time, management reserves the right to ship the exhibit through a carrier of its own choosing or to place same in a storage warehouse subject to the Exhibitor's disposition at Exhibitor's expense.
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Cancellation: All Contracts are final upon receipt and there will be no refund upon a cancellation.

Amendments: The Management shall have full power to interpret and to make or amend these rules, provided that such amendments and additions do not operate to diminish the rights reserved for the Exhibitor under this contract and shall not operate to increase the liabilities of the Management.

Hold Harmless: The Exhibitor agrees to indemnify and save harmless the Management, the facility and its contractors, agents and employees from and against all loss or expense (including costs and attorney fees) by reason of liability imposed by law upon the Management, for damages because of bodily injury, including death at any time resulting therefrom sustained by any person or persons on or on account of damage to property, including loss of use thereof arising out of or as a consequence of the performance of this work, provided such injury to persons or damage to property is due or claimed to be due or claimed to be due to negligence of the Management, his subcontractors, employees or agents.

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