GENERAL CONDITIONS
1. The Promoter may at its discretion or in extreme cases, change the dates on
which the event should take place. All new dates will be communicated to the
Exhibitor substituted for those set on the front page and shall be deemed to be
part of the agreement.
2. In the event that the event can not be held within a reasonable time of the
commencement date of the scheduled event front, whatever the reason, the
Promoter may then call off the event. If such possibility arises from a situation
beyond control of Sponsor, Exhibitor will be entitled to a refund of any portion of
the rent already paid to the Promoter on behalf of the Exhibitor after deducting an
amount equal a portion of the expenses previously incurred by the Promoter for
organizing the event, which fraction has a numerator area of the site area and
denominator of all locations leased to exhibitors in the event. Expenses incurred
by the Promoter shall be established by it using vouchers. If such possibility
arises from a situation under control of the Promoter, the Exhibitor will be entitled
to a refund of any portion of rent already paid to the Promoter on behalf of the
Exhibitor without deduction. In all cases, the Exhibitor waives any and all claims
reimbursement for damages resulting from the cancellation of the holding of the
event.
3. The Exhibitor expressly waives all claims, causes of action or claim against the
Promoter as a result of the inability of the Sponsor to meet its obligations in this
Agreement, in whole or in part, when such failure results directly or indirectly a
cause beyond its control, such as: fire, storm, flood, war, rebellion, insurrection,
riot, civil disturbance (actual or apprehended), earthquake, strike, lockout ,
picketing, a structural failure of any movable or immovable property directly or
indirectly related to the enjoyment of the site and without limiting the generality of
the foregoing where the impossibility arises from the fact the owner of the site of
exposure, the municipality where the exhibition site or any provincial or federal
authority.
4. In the event the Exhibitor cancels or is in default under this Agreement and,
without limiting the generality of the foregoing, to pay the rent in the manner
prescribed, the Exhibitor hereby acknowledges that it will remain to cure a default
without any obligation on the part of Developer to notify, verbally or in writing, of
the measures to be undertaken by the Exhibitor. The Sponsor will then be free to
require the Exhibitor the performance of its obligations under this agreement,
performing or enforcing the obligations of the Exhibitor at the expense of the
Exhibitor, or to unilaterally terminate this agreement on simple written notice and
retain any payment of rent perceived by him as partial reimbursement for
damages without prejudice to any claim for damages in excess of any sum
already paid on account of failure of the Exhibitor to comply with this Convention.
The Promoter may, in the event of termination of this agreement, repossess the
said site clear of any appeal by the Exhibitor. With respect to any failure of a
monetary nature, the Sponsor may require in excess of amounts due, payment of
interest at eighteen percent (18%) per year (or 1.5% per month) on any
GENERAL CONDITIONS
applicable amount owed by the Exhibitor under this agreement and the
reimbursement of reasonable legal costs, including fees and disbursements
related to the payment and collection of any amount due and any interest.
5. By signing the agreement, the Exhibitor is responsible for his actions and those
of its agents, relieving the developer from any liability associated with them, and
it indemnifies the Promoter against any loss or damage whatsoever that the
Promoter may suffer as a result or that it may therefore be liable in respect of any
person or entity, including any other exhibitor of the event and the owner Site of
exposure (and their respective agents) and any visitor to the event.
6. The Exhibitor shall take out and maintain in force, at its expense, at any time
between the date on which the Exhibitor will access the site for purposes of
installation and the date of occupation of the site, and public liability insurance
civil and insurance guaranteeing the safety of property the Exhibitor has in his
custody or under its control or which it owns, against loss and without limiting the
generality of the foregoing, against fire, theft and vandalism, which shall not be
less than one million U.S. dollars. Insurance policies in respect of the above
coverage will designate as co-insured (with a waiver of right to sue between coinsured), the developer, the owner of the site of exposure, and their agents,
agents, officers, directors and employees. The Exhibitor must provide
documentation showing that the foregoing assurances have been obtained and
are in effect 10 days before the event.
7. In addition, the Exhibitor releases the Contest Sponsor, the owner of the site of
exposure, their officers, agents, officers, directors and employees with respect to
the safety of property of the Exhibitor and those under his custody, control or
possession.
8. The Promoter reserves the right at all times to enter the interior of the site and
remove, in whole or in part, the exhibits such as, printed, souvenirs and novelty
items, and to expel exhibitors of the event or to evict members of their staff, or
both, whose conduct does not meet the decorum of the event. This rule is
intended to protect exhibitors against exposure or operation of certain items
deemed by the Promoter as dangerous, undesirable or objectionable by the
public or other exhibitors at the event.
9. The rented space and assigned to the Exhibitor will include specifications and will
be described as shown on the official floor plan of the site provided by the
Promoter to the Exhibitor. The Promoter reserves the right to make changes to
this plan if necessary in order to improve public access or safety, or the general
interest of all exhibitors. Such changes, if they are to be made, will be brought to
the attention of exhibitors concerned before the opening of the event.
GENERAL CONDITIONS
10. It is strictly forbidden for the Exhibitor to be sponsoring, assign, sublet, subdivide
or in any way, share any portion of the site or in permitting it to use by any
natural or legal person (including any subsidiary or parent company) or group of
persons or entities whatsoever, which is not party to this agreement, without the
prior permission of the Promoter.
11. The Exhibitor agrees to use its location and provide an exhibition of objects with
the following characteristics: the objects must be his property, the property shall
be marketed by him, the objects must be an attraction within the event; and the
items must be approved in advance by the Promoter.
12. The Exhibitor is responsible for the conduct of its employees, agents and
representatives, while these people are on the scene of the event. The location
must be accompanied by adequate staffing and suitably dressed for the premiere
and during business hours for representatives of the press and the public. The
number and quality of personnel will be to the satisfaction of the Promoter.
13. The Exhibitor has no right either to allow the exhibition on the location of any
substance whatsoever which is not the manufacturer, distributor or authorized
dealer. With no signs advertising contrary to this rule will be permitted at the
event.
14. No Exhibitor can distribute rate sheets, documentation or other material out of
the slot. It is not allowed to use the aisles for the common practice of soliciting or
in order to distribute any article whatsoever, subject to prior written permission
granted by the Promoter.
15. Exhibitors will be particularly considered in default under this agreement upon the
occurrence of one of the following: Exhibitor commits an act of bankruptcy under
the Bankruptcy and Insolvency Act (Canada) Exhibitors ceases or takes steps to
stop its operations if the Exhibitor is a corporation, there is a change of control of
the Exhibitor, all or a substantial part of the business of the Exhibitor sold to third.
16. This agreement binds the parties and their heirs, legal representatives,
successors and assigns.
17. This agreement will take precedence over any agreement, oral or written,
between the parties.
18. This Agreement shall be governed and interpreted under the laws of the Province
of Quebec.