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GENERAL TERMS AND CONDITIONS OF THE EVOLUON EINDHOVEN

article 1: definitions
in these general terms and conditions the terms listed below are to be understood as follows: o Evoluon Eindhoven: an organisation which, as a unit of Philips Electronics Nederland BV, is registered with the Eindhoven Chamber of Commerce and Industry under number 17008551, rents out a venue and/or makes associated services available for organising business meetings (henceforth referred to as: Evoluon) o The Hirer: the person who, under an agreement, hires a conference or meeting venue and/or purchases associated services from Evoluon. o Rental: that which is payable by the Hirer to Evoluon for the hiring of the venue. o Reservation value (the value of the agreement): the total expected revenue of Evoluon, consisting of the hiring of the venue and the payment for the associated services, including the products and/or services to be purchased from third parties.

agreement: in an agreement the rights and obligations of the parties are set out as described in article 3.2. Amounts stated in the documents drawn up by Evoluon are exclusive of turnover tax, unless otherwise indicated.

article 4: content of the price quotation and the agreement


4.1 The items contained in the price quotation/agreement include at least the following: o o o o name of the Hirer a description of the hired venue in the Evoluon a description of the associated services the starting date and concluding date of the period of hire of the venue, as well as the term within which the associated services are to be purchased o the rental for the use of the venue and the cost of the associated services o the applicability of these general terms and conditions o any special conditions, including the obligation to take out non-life insurance

article 2: scope of application


2.1 These terms and conditions are applicable to all agreements concluded between Evoluon and the Hirer in respect of the hiring of the venue and/or the provision of associated services. 2.2 If other terms and conditions are also applicable, the present general terms and conditions prevail in the event of a conflict.

article 5: changes and additions


5.1 Changes or additions to the content of the agreement, including the applicable general terms and conditions, are only effective if set down in writing between Evoluon and the Hirer. 5.2 It is possible, without any charge being incurred, to change the number of participants to a maximum of ten per cent (10%) of the original number of participants up to a maximum of five (5) working days before the commencement of the meeting. This must be communicated by the Hirer to Evoluon in writing.

article 3: conclusion of the agreement


3.1 Evoluon is entitled to ask the prospective Hirer for a payment of five per cent (5%) of the Reservation value for the preparation of a draft meeting proposal. All draft meeting proposals made by Evoluon are without commitment as regards the date of acceptance, unless a date is specified in the price quotation. 3.2 The agreement between Evoluon and the Hirer can be concluded in parts. The (part) agreement is concluded as a result of that which has been agreed between the parties being confirmed in writing by Evoluon and sent to the Hirer. If the associated services are described in an annex, the annex is deemed if it is concluded later to form part of the agreement from that time. 3.3 A distinction is made between an option and an agreement. option: Evoluon grants the Hirer for meetings with a Reservation value greater than five thousand euros ( 5,000) an option period which automatically expires four (4) months before the meeting at the latest. For reservations which are made within a period of four (4) months before the commencement of the meeting there is a maximum option period of two (2) weeks. In all cases Evoluon is permitted, by communicating this to the Hirer, to shorten the option period to twenty-four (24) hours. In all cases Evoluon is permitted to terminate the option while at the same time offering a comparable room. For meetings with a Reservation value less than five thousand euros ( 5,000) there is an option period which automatically expires forty-eight (48) hours before the meeting at the latest.

article 6: payment
6.1 Payment of the Rental for the venue and any associated services must be made in euros within the agreed term(s), though at the latest within thirty (30) days after the invoice date. 6.2 Evoluon may demand a prepayment of the rental up to a maximum of one hundred per cent (100%) of the Reservation value. 6.4 As soon as the term indicated in the first clause has been exceeded, the Hirer is in default, which means that one per cent (1%) interest per month or a portion of a month is payable by the Hirer in respect of the full amount of the invoice. All extrajudicial debt recovery expenses are also payable by the Hirer. Furthermore all costs of litigation and associated costs for legal aid are payable by the Hirer. 6.5 Payments made by the Hirer will first be used to reduce all costs owed, then the interest owed and then invoices which are outstanding the longest, even if the Hirer states that settlement relates to a later invoice. 6.6 Without prejudice to the provisions of the preceding clauses, Evoluon is entitled to claim full compensation from the Hirer if the latter fails to meet the obligations arising from the agreement.

CONGRES

EVENT

MEETING

Noord Brabantlaan 1a | 5652 LA Eindhoven | Tel +31 (0)40 2504666 | communicatie.evoluon@philips.com

GENERAL TERMS AND CONDITIONS OF THE EVOLUON EINDHOVEN

article 7: cancellation
7.1 Total or partial cancellation of the agreement by the Hirer must be effected as follows: (i) for agreements with a reservation value greater than fifteen thousand (15,000) euros by registered letter, and (ii) for agreements with a reservation value less than fifteen thousand (15,000) euros it is sufficient to send an email to the appropriate contact person at Evoluon. The date for determining the cancellation charge is the date on which the registered letter is received by Evoluon and/or the date on which the email is sent by the Hirer. 7.2 The following provisions apply to cancellations: o Meetings with a Reservation value less than five thousand euros ( 5,000): Cancellation is possible without any charge being incurred up to forty-eight (48) hours before the commencement of the meeting. For a cancellation made within forty-eight (48) hours before the commencement of the meeting Evoluon will charge the Hirer one hundred per cent (100%) of the Reservation value. o Meetings with a Reservation value greater than five thousand euros ( 5,000): Cancellation is possible without any charge being incurred up to four (4) months before the commencement of the meeting. For a cancellation made between two (2) months and four (4) months before the commencement of the meeting Evoluon will charge the Hirer fifty per cent (50%) of the Reservation value. For a cancellation within two (2) months before the commencement of the meeting Evoluon will charge the Hirer one hundred per cent (100%) of the Reservation value. 7.5 If the Hirer cancels the hire agreement, administration costs are payable by the Hirer, in addition to what is owed under clause 2 above. These administration costs amount to five per cent (5 %) of the Reservation value arising from the agreement between the parties. 7.6 By signing the agreement the Hirer agrees to the guaranteed number of participants stated in the agreement. If participants fail to show up at a meeting (no show), the Hirer will be charged in full by Evoluon for the costs for these participants.

article 9: force majeure


9.1 Force majeure affecting Evoluon is understood in these general terms and conditions to mean any circumstance beyond the control of Evoluon even if it was already foreseeable at the time when the agreement was concluded which permanently or temporarily prevents compliance with the agreement, as well as, insofar as not already included therein, war, risk of war, civil war, riots, strikes, fire and other serious disturbances in Evoluons business, as well as inability to comply with the agreement as a consequence of failures on the part of persons and/or things deployed by Evoluon to execute the agreement. In the event of inability to execute the agreement as a consequence of force majeure Evoluon will be entitled, without having recourse to a court of law, either to suspend execution of the agreement or to rescind the agreement in full or in part, without being bound to pay any damages. 9.2 The Hirer will for its part in no case be able to invoke force majeure if an important speaker or important speakers do not show up, if the numbers of visitors or participants are considerably less than expected or in comparable circumstances. The Hirer must himself take out insurance to cover such risks.

article 10: liability


10.1 Evoluon is not liable for damage and/or loss which the Hirer or third parties may suffer in connection with, or as a consequence of, failure by the Hirer and/ or third parties to comply with the arrangements contained in the agreement. The Hirer thus indemnifies Evoluon against all related claims made by third parties. 10.2 The Hirer will fully indemnify Evoluon for all damage to property and persons of Evoluon, the staff of Evoluon or those acting on its behalf which might arise from or as a consequence of actions on the part of the Hirer, the latters staff, visitors to the venue or participants in the event organised there or on the part of other persons on behalf of whom the Hirer has concluded the agreement with Evoluon. 10.3 The Hirer indemnifies Evoluon against claims by third parties in respect of the infringement of copyright and /or industrial property rights as a consequence of services provided to the Hirer by Evoluon. 10.4 Evoluon is not liable for the loss of goods of the Hirer or of goods provided on behalf of the Hirer by third parties.

article 8: suspension and rescission


8.1 Evoluon is entitled, if the Hirer fails to meet any payment obligation to Evoluon or if Evoluon may reasonably expect that the Hirer will fail to meet any such obligation to Evoluon: o to suspend all obligations arising from the agreement with the Hirer, without prejudice to the right to demand the simultaneous provision of security for payment o to rescind the agreement, in full or in part, with immediate effect, without having recourse to a court of law

article 11: renting-out of other room


Evoluon is entitled to make available to the Hirer a comparable meeting or conference room other than should be provided under the agreement.

article 12: provision of information


The Hirer is obliged to provide Evoluon promptly with all (further) information which may reasonably be deemed to be relevant to the performance of the agreement.

8.2 Evoluon is also entitled to terminate the agreement with immediate effect, without being obliged to pay any damages, if after the conclusion of the agreement it becomes clear to Evoluon that the use of the venue may cause damage to property of Evoluon or to persons, or if it is expected that public order will be disturbed.

CONGRES

EVENT

MEETING

Noord Brabantlaan 1a | 5652 LA Eindhoven | Tel +31 (0)40 2504666 | communicatie.evoluon@philips.com

GENERAL TERMS AND CONDITIONS OF THE EVOLUON EINDHOVEN

article 13: equipment etc.


If in using the venue the Hirer wishes to make use of audiovisual equipment, stands, lighting, decorations and props, computers, cables, etc. (henceforth referred to as equipment), this will as far as possible and unless otherwise agreed be made available and operated by Evoluon. Such equipment will be regarded as an additional service and included in the agreement. The explicit and written consent of Evoluon is required for bringing ones own equipment or equipment of third parties, as well as for operation of the equipment oneself or by third parties. Except in the case of intent or gross negligence, Evoluon is not liable for damage/loss arising from the use and/or operation of equipment made available by and operated by or on behalf of Evoluon. Evoluon is in no way liable for damage/loss arising from the use and/or operation of equipment not made available by Evoluon.

article 21: performing rights


The Hirer is himself responsible for obtaining performing rights and for paying all related costs. The Hirer indemnifies Evoluon against claims by third parties in this regard.

article 22: period of hire


Evoluon is entitled to clear the hired venue when the period of hire has elapsed.

article 23: access


23.1 Evoluon is entitled at all times to refuse access to individual persons or to order individual persons to leave the Evoluon site. 23.2 Dutch traffic regulations are in force on the Evoluon site. These traffic regulations must be observed under all circumstances.

article 14: catering


The Hirer is obliged to purchase (services in respect of) food and drinks (catering) from Evoluon or from a third party to be designated by Evoluon. Any other form of catering requires the explicit and written consent of Evoluon and the Hirer must grant Evoluon compensation for loss of revenue amounting to fifteen per cent (15%) of the third partys catering revenue.

article 24: emergency exits, etc.


Emergency exits, emergency lighting, fire-extinguishing equipment and fire alarms must not be blocked or removed.

article 15: changes to the hired venue


The Hirer is not permitted, without the prior written consent of Evoluon, to make changes to the hired venue, to install large and/or heavy objects or to hang up decorations, boards or posters. The costs related to the hanging-up of objects must be borne by the Hirer. The Hirer is obliged, at his own expense, to remove objects which he has brought to the venue and to restore the venue to its original state.

article 25: general power to issue instructions


The Hirer is in general obliged to follow the instructions of (staff of) Evoluon with regard to use of the hired venue.

article 16: photography, film and audio recordings


The prior written consent of Evoluon is required for taking photographs for commercial purposes and for making film and audio recordings.

article 26: disputes


26.1 All disputes arising from an agreement to which these general terms and conditions are fully or partly applicable, or arising from further agreements which result from such an agreement, will be submitted in writing to the Disputes Committee for a binding advisory opinion. If either party does not agree with the decision of the Disputes Committee, that party may submit an appeal to the Appeals Committee. A copy of the rules and regulations of the Disputes Committee and the Appeals Committee can be obtained from the secretariat of the Conference and Meeting Classification (congres en vergaderclassificatie). 26.2 Notwithstanding the provisions of the preceding clause, parties may bring a dispute before an ordinary court of law.

article 17: advertisements and sales


It is not permitted to advertise or to sell products and/or services at the hired venue, unless Evoluon has granted written consent to do so and agreement has been reached, where necessary, on payment.

article 18: permanent Hirers


Any permanent Hirers of Evoluon will be entitled to sell their products and/or services during the period of hire.

article 27: applicable law


27.1 All agreements between Evoluon and the Hirer are governed by the law of the Netherlands.

article 19: subletting


The Hirer is not permitted to sublet or relet (any part of) the hired venue to a third party or to use it for a purpose other than that which was initially made known to Evoluon.

Eindhoven, November 2011

article 20: licences


All licences related to the meeting must be applied for by the Hirer. The costs of applying for and/or keeping the licences are payable by the Hirer.

CONGRES

EVENT

MEETING

Noord Brabantlaan 1a | 5652 LA Eindhoven | Tel +31 (0)40 2504666 | communicatie.evoluon@philips.com

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