Exhibition Contract展览协议(英文版).doc

1 10 PARTICIPATION CONTRACT FOR Between Exhibitor And Shanghai China yyyy mm dd 2 10 Participation Contract Agreement No Party A Exhibitor Contact Address Zip code Contact Party B Organizer Contact Address Zip code Contact WHEREAS Party A is Party B is Based on equality and free will through friendly negotiation with respect to Party A s participation in organized by Party B hereinafter referred to as the Exhibition both parties in accordance with the relevant laws and regulations agreed as follows for mutual compliance 1 Time and place of the Exhibition 1 Time of exhibition 2 Address of the Exhibition 3 Exhibition Area 3 10 2 Participation Benefits As the organizer of the House of Excellence Party B would authorize related benefits to Party A and the detailed benefits that Party A would have please refer to Annex II Participation benefits 3 Participation fee Security Deposit and Other Related Fee 3 1 Participation fee RMB in total the payment term please refer to Annex III Payment term 3 2 The security deposit for the Exhibition it would be 10 of the total participation fee RMB in total If Party A has not the behavior that set in Article 5 1 3 5 1 6 and Article 5 2 4 under this contract also comply with the related rules and regulations of Party B will refund the security deposit within 15 days after the closing day of the exhibition 3 3 Other Related Fee 1 Party B shall construct the House of Excellence uniformly while Party A shall burden the fee for the design decoration and construction of their exhibition area the visual display wall 2 The basic administration fee including but not limited to the fee for internet electricity water and heating system etc shall be burden by Party A the actual payment amount would calculated as the bill from related provider 4 Taxes Bank fees Currencies Taxes are not included in the service fees and costs agreed in this Agreement Any bank fees and taxes occurred when performing this Agreement shall be paid by the payer When foreign exchange control is concerned the payer is responsible for submitting application to the administrative department in charge and getting payment approval thereof 4 10 5 Rights and obligations of both parties 5 1 Party A s Rights and obligations 1 Party A shall well prepare for the Exhibition and willingly comply with and carry out all the requirements in the Detailed Rules for the Exhibition provided by Party B 2 Party A shall take measures to avoid all the properties which will be used for the Exhibition including any commodities equipment and fittings etc spontaneously combustion and explosion or any destruction that may affect the safety of the properties nearby after delivered into the hall 3 Party A shall comply with any written rules expressly specified for the exhibition hall otherwise any loss arising from any breach of such rules shall be assumed by Party A and has no connection with Party B Party A shall not take any flammable explosive or toxic articles or any product that does not comply with those declared for the exhibition in the exhibition hall otherwise Party B has the right to remove such articles or product out of the exhibition hall without refunding the security deposit 4 Party A shall submitted the effect drawing for the arrangement of its exhibition area to Party B 45 days before the arrangement of the Exhibition for preliminary review Otherwise the organizing committee has the right to cancel such arrangement and Party A s qualification to participate in the Exhibition 5 During the Exhibition when Party A carries out any activities in the range of its exhibition including but not limited to exhibition presentation and lottery Party A shall maintain the order and safety on site Otherwise Party A shall assume full liabilities for compensating for any losses to Party A itself Party B or any third party arising therefrom 6 Party A shall not transfer its exhibition area at its own discretion Once took place Party B has the rights to remove the transferee out of the exhibition hall without refunding the security deposit 5 10 5 2 Party B s Rights and obligations 1 Party B warrants that it is the lawful organizer of the Exhibition 2 Party B shall be liable for the organization propaganda invitation and exhibition affairs during the Exhibition and making efforts to guarantee the propaganda effects of the Exhibition 3 Party B warrants that unless agreed herein or in certain statutory circumstances such as the force majeure the place or time of the Exhibition shall not be altered arbitrarily without particular reasons Where the position and area of the exhibition area ordered by Party A is required to be changed due to particular reasons Party B shall notify Party A in writing in advance If Party A does not raise any written objection within 3 days upon the receipt of the written notice from Party B it shall be deemed that Party A has accepted such change 4 If Party A proposes to cancel its participation in the Exhibition within 30 days before the Exhibition starts Party B has the rights to transfer the exhibition area to any third party and the participation fee and security deposit that Party A paid will not be refunded any all the losses to Party B and its organizing committee from such cancellation shall be assumed by Party A 5 Where Party A fails to pay relevant costs as agreed herein Party B has the rights to exercise the right of lien over any articles of Party A in the exhibition hall including but not limited to the items on display facilities and articles for arrangement of the exhibition after the Exhibition ends until Party A pays relevant costs Meanwhile the liabilities for any cost arising from Party B s exercise of the right of lien and possible disputes including but not limited to the claim of rights over the articles in the right of lien by any third person of the Agreement shall be fully assumed by Party A 6 Insurance 1 In order to guarantee the smooth cooperation between both parties during the Exhibition avoid any casualties or visual display wall collapse due to safety concerns during the construction and the Exhibition and reduce economic losses 6 10 the construction units of Party A s exhibition area shall purchase insurance for their working personnel construction personnel articles of the exhibition area or any other valuables against any security theft loss destruction and fire risk 2 The categories of insurance purchased including but not limited to public liability insurance employer liability insurance and all risks insurance for construction etc Construction units are required to submit the vouchers for purchase of insurance to Party B for verification when accessing the exhibition hall for construction and handling relevant formalities In case of failure to provide such vouchers Party B may have the right s to refuse such access 7 Confidentiality Both parties shall be obligated to keep the confidentiality of the details of the Agreement and any and all the commercial information of the other party known or obtained in the course of the performance hereof unless obvious evidence shows that such information is publicly known information or with the prior written authorization of the other party Such confidentiality obligation shall remain effective after the Agreement terminates Either party that causes any loss to the other party due to breach of such obligation shall compensate for corresponding losses of the other party 8 Intellectual Property 1 Party A warrants that it has the lawful rights to own or use the items on display and such items has satisfactory quality and are applicable for display and meanwhile it has the lawful intellectual property rights of all the articles drawings and pictures logos and patents in connection with such items on display in case that the intellectual property rights of any other person is involved Party A warrants that it has obtained legal authorization for the use thereof 2 Any and all losses including indirect losses incurred to Party B due to any economic or legal disputes arising from the real right or any intellectual property rights of the items on display shall be assumed by Party A Upon the receipt of 7 10 any notification in relation to the ownership quality dispute or infringement of any intellectual property Party B shall pass such notification to Party A in time and Party A shall offer a written reply within 12 hours otherwise it shall be deemed as Party A s acknowledgement and Party A shall suffer all the consequences 9 Liabilities for breach of the Agreement Where either party that breaches the Agreement fails to or is unable to take any corrective measures within 3 days after the observant party points out such breach the observant party has the rights to terminate the Agreement at any time and claim for any loss from the breaching party unless the understanding of the other party is obtained and a unanimous opinion in writing is reached upon re negotiation the Agreement shall be terminated upon the delivery of the notice of termination 10 Force majeure 1 Force majeure referred to herein means any unforeseeable unavoidable emergent and objective events such as natural disasters including fire floods earthquakes and atrocious weather major epidemic situations political incidents wars any act effective or ineffective from governments and their functional departments including bans measures administrative compulsory execution etc 2 For any postponement or cancellation or any other alteration made to the Exhibition due to force majeure Party B shall not assume any liabilities for breach of the Agreement after the evidence or document of the occurrence of such force majeure issued by any authority or authoritative institution is obtained However Party B shall notify Party A timely in writing to reduce the loss that may be suffered by both parties and negotiate with Party A with respect to relevant matters Any negotiated terms or supplementary agreement subject of unanimous negotiation between the parties shall have the same legal effect as the Agreement 8 10 11 Dispute settlement The presents Agreement shall be considered as a binding and lawful agreement The conclusion effectiveness interpretation performance and dispute resolution of this Agreement shall be governed by the laws of Italy Any dispute arising out of this Agreement between the two Parties shall be solved through amicable negotiations if negotiations fail either Party may submit such dispute to the competence of the Tribunal of the Courts of Italy and to the Tribunal of Milan 12 Miscellaneous and effectiveness 1 The Agreement shall be made in two counterparts one for each party and the fax copies shall have legal effects The Agreement shall come into force after it is signed by both parties and affixed with their seals 2 The annexes to the Agreement shall be an integral part of the Agreement after they are confirmed by both parties with their signatures and seals 3 Any supplement modification or alteration to t