<p>Carolina Tradeshow Decorators (herein referred to as CTD) and it’s subcontractors shall not be liable for ordinary wear and tear in the handling of equipment, damage, loss, glass breakage, concealed damage or delay to uncrated freight, wrapped freight, freight improperly packed, even if CTD has been advised of the potential for such damages. Relative to inbound shipments, there may be a lapse of time between the delivery of shipment(s) to the booth by CTD and the arrival of the Exhibitor’s representative at the booth. Similarly, relative to outgoing shipment(s), it is possible that there may be a lapse of time between the completion of packing and the actual pick up of freight from the booth for loading onto a carrier. It is expressly stated herein, that during such times the shipment(s) will be left in the booth unattended. Therefore, it is agreed that CTD shall not be liable for any loss of, disappearance of, or damage to Exhibitor’s freight after the same has been delivered to Exhibitor’s booth, nor shall CTD be liable for any loss or damage to Exhibitor’s freight before it is picked up from the Exhibitor’s booth for loading after the show. Consequently, all material handling forms covering outgoing shipment(s) submitted to CTD by Exhibitor will be checked at the time of pickup from the booth and corrected where discrepancies exist. CTD shall not be liable for any loss, delay or damage due to events beyond their reasonable control which cannot be avoided by the exercises of due care and prudence, including without limitation, strikes, labor disputes, lockouts or work stoppages of any kind, acts of terrorism, fire, theft, windstorm, water, vandalism, acts of God, mysterious failure of power or utilities, and other events of force majeure. It is understood that CTD is not an insurer. Insurance, if any, shall be obtained by the Exhibitor, at its sole cost and expense. Amounts payable by CTD hereunder are based upon the scope of the liability as herein set forth and are unrelated to the value of the Exhibitor’s property. It is further understood and agreed that CTD does not provide for full liability should loss or damage occur. In the event that CTD should be found liable for loss or damage to Exhibitor’s equipment, the liability shall be limited to the specific article that was physically lost or damaged. As set forth herein, such liability shall be limited to a sum equal to $.30 per pound per article, with a maximum liability of $50.00 per item or $1,000.00 per shipment, whichever is less, as agreed upon damages, and which shall be the sole and exclusive remedy. Provisions of this paragraph shall apply if loss or damage, regardless of cause or origin, results directly or indirectly to property through the performance or nonperformance of obligations imposed by the offering of services to Exhibitors or from negligence, active or otherwise, by CTD. CTD SHALL NOT BE LIABLE TO ANY EXTENT WHATSOEVER FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DELAY; ANY ACTUAL, POTENTIAL OR ASSUMED LOSS OF PROFITS OR REVENUE; LOSS OF USE OF EQUIPMENT OR PRODUCTS, OR ANY COLLATERAL COSTS THAT MAY RESULT FROM ANY LOSS, INJURY OR DAMAGE TO EXHIBITOR’S MATERIALS OR EXHIBITOR PERSONNEL WHICH MAY MAKE IT IMPOSSIBLE OR IMPRACTICAL TO EXHIBIT THE EXHIBITOR’S MATERIALS, EVEN IF CTD HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES. Claims for loss or damage must be submitted to CTD by the close of the show. No suit or action shall be brought against CTD more than one year after the cause of action accrues. The Exhibitor agrees, in connection with the receipt, handling, temporary storage, accessible storage and reloading of its freight, that CTD will provide these services as Exhibitor’s agent and not as bailee or shipper, and CTD shall have no responsibility or obligation thereunder. If CTD shall sign a delivery receipt, bill of lading or other document, the parties agree that CTD will do so as the Exhibitor’s agent, and the Exhibitor accepts the responsibility thereof. CTD shall not be liable for shipments received without receipts or freight bills or specified unit counts on receipts or freight bills, or a bulk shipment such as UPS, air freight, or van lines. Such shipment counts will be subject to verification and delivered to booth without guarantee of piece count or condition. Empty container labels will be available at the Exhibitor Service Center. Affixing the labels is the sole responsibility of the Exhibitor or its representative. It is understood that these labels are used for EMPTY STORAGE ONLY, and CTD assumes no responsibility or liability for loss or damage to contents while containers are in storage or for mislabeled containers. In order to expedite removal of freight from the show site, CTD shall have the authority to change designated carriers, if such carriers do not pick up on time. Where no disposition is made by the Exhibitor, freight will be taken to a warehouse to await Exhibitor’s shipping instructions, and the Exhibitor agrees to be responsible for payment of charges relating to such handling at the warehouse. CTD assumes no liability as a result of such rerouting or handling. The Exhibitor agrees, in the event of a dispute with CTD relative to any loss or damage to any of the Exhibitor’s freight or equipment, that the Exhibitor will not withhold payment in any amount due to CTD for freight handling services or any other services provided by CTD as an offset against the amount of the alleged loss or damage. Instead, the Exhibitor agrees to pay CTD prior to the close of the show for all such charges and further agrees that any claim the Exhibitor may have against CTD shall be pursued independently by the Exhibitor as a completely separate transaction to be resolved on its own merits. The placing of an order for the services of tradesmen and the use of equipment by an exhibitor or any agent of the exhibitor shall be construed as an offer subject to the acceptance and approval of CTD in its sole discretion. Upon CTD’s acceptance and approval, the Exhibitor and its agents shall be bound by the terms and conditions set forth above. Likewise, once CTD has accepted and approved the Exhibitor’s offer, any shipper consigning or delivering a shipment to CTD on behalf of Exhibitor shall be bound by the terms and conditions set forth above.</p>