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The parties to this agreement include Exhibitor and The Wichita Eagle ( TWE ).
This agreement is entered into on the date first set forth above between TWE and Exhibitor. TWE is responsible for organizing, managing and operating CareerQuest job fairs. Exhibitor is interested in exhibiting at the CareerQuest job fair. NOW, THEREFORE, in consideration of the forgoing, and the mutual promises, representations set forth below, the parties agree to all of the terms and conditions set forth on the back of this form, Exhibit A, pursuant to which Exhibitor shall purchase the following services from:
(1) Payments: The Wichita Eagle ( TWE ) is not required to provide any booth space unless this signed Contract is received by TWE, Exhibitor completes it’s booth at least one hour prior to the opening of the Expo, and TWE receives Exhibitor’s payment no later than 15 days prior to the first day of the event. There will be no refunds on exhibit deposits or payments. If the CareerQuest job fair is canceled for reasons unrelated to the Exhibitor’s conduct, TWE will refund the entire amount of Exhibitor’s deposit to Exhibitor. Exhibitor will not be entitled to recover any damages or costs other than such refund. Exhibitor will pay for any costs for collection, including reasonable attorney’s fees, accrued interest (18% per annum) and returned check expenses -- for any amounts not paid by Exhibitor to TWE when due. If no notification in writing of cancellation has been received 30 days prior to event, Exhibitor will be held financially responsible for the space rental. In the event any taxes or other impositions are due to any governmental authority related to the exhibit of Exhibitor, such payments shall be the sole responsibility of Exhibitor. Exhibitor shall promptly pay any such payments.
(2) Limitation on Liability: Exhibitor expressly releases TWE from any liability and waives any and all demands, claims, and causes of action in law or in equity, related to: a) any defect, deficiency, failure or impairment of utilities or other facilities, including water, heating, electricity, ventilation, refrigeration or other mechanical systems failure; b) the conduct, negligence or claims of any exhibitor or attendee; and c) any fire, flood, strike, weather or other act beyond the control of TWE.
(3) Exhibit Space: TWE reserves the right to reposition location of Exhibitor booth in advance of the event for any reason it deems necessary, although TWE will attempt to fulfill any reasonable requests for booth location.
(4) Booth Installation: Booth setup is the full responsibility of the Exhibitor. Exhibitor’s booth loading vehicles must be removed from loading areas as soon as unloaded. All exhibits must remain assembled and staffed throughout exhibit hours until the official closing time, since disassembling exhibitor displays prior to event closing is disruptive to the event. Exhibitor shall be solely responsible for Exhibitor’s display & Exhibitor’s personal property, including but not limited to Exhibitor products, furniture, equipment, records, written materials, computers, exhibits, and signs.
(5) Insurance: Exhibitor shall have and maintain in force, at Exhibitor’s expense, replacement cost insurance for all Exhibitor’s personal property located anywhere at or near event site. Such insurance shall provide for loss, damage or injury due to theft, fire, act of God and any other casualty. TWE shall not have any liability for the protection, care or maintenance of any property belonging to Exhibitor.
(6) Booth Authorized Representative: Exhibitor must designate one person as its authorized representative at the booth, such that any written or verbal notices given to the authorized representative shall be deemed received by Exhibitor. Technically trained people must staff the booth of the Exhibitor.
(7) Indemnification: Exhibitor assumes all liability for all content, including text, design, characters, software, representations, and illustrations of its advertising and booth, and hereby indemnifies and holds TWE harmless from any damages, costs, liability or claims related thereto, including but not limited to claims of defamation, libel, slander, copyright infringement, trademark infringement, patent infringement, unfair competition, fraud, or false advertising. Exhibitor indemnifies TWE from any damages, costs, or liability related to the conduct or negligence of any contractor, employee, guest, or representative of Exhibitor. Exhibitor shall indemnify and hold harmless TWE from any claims, damages, costs and liability asserted by third parties who are attending the booth of the Exhibitor. In addition to indemnifying and holding TWE harmless, Exhibitor hereby covenants and agrees that any claims it may have against TWE except for intentional and reckless, wanton or malicious acts by TWE shall be limited to the amount which Exhibitor has paid for the purpose of exhibiting under the Contract.
(8) No Guarantee of Results: TWE does not warrant or guarantee any particular results of the CareerQuest job fairs, nor does it guarantee a particular number of attendees or exhibitors.
(9) Dispute: In the event of any dispute to the terms of this Contract, the parties agree to submit to the jurisdiction of the District Court of Sedgwick County, Kansas, where venue will be proper. The prevailing party shall be entitled to recover costs and attorney’s fees. This Contract shall be interpreted and construed pursuant to the laws of the state of Kansas.
(10) Complete Agreement: This Contract incorporates and constitutes the full understanding of the parties and supercedes any and all prior agreements, understandings, or representations. The parties hereby agree that there are no other understandings or agreements between the parties which are not contained in this Contract.
(11) Notices: All notices between TWE and Exhibitor shall be in writing and shall be deemed delivered when actually received by hand delivery, fax transmission, or by United States certified mail, return receipt requested.
(12) No Partnership: This Contract shall not be construed to create a partnership between TWE and Exhibitor or otherwise to create any relationship or agency. Exhibitor may not act on behalf of TWE without first receiving written authorization.
(13) TWE Autority: TWE shall have the right and authority to modify various conditions of the Career Quest Job Fairs including the times and content of the various seminars (if applicable) and the times during which attendees may view booths. Furthermore, TWE may determine, in it’s discretion, that the content of Exhibitor’s booth is detrimental to the CareerQuest Job Fairs, in which event Exhibitor shall comply with all reasonable directions of TWE on changes and modifications. In no event will TWE be required to modify or require closure of any booth.