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4. Indemnity
4.1 SUMMIT shall not be responsible for any loss of or damage to property of Sponsor, its
employees, agents, contractors or assigns nor for any personal injury to Sponsor's officers,
directors, employees, agents, contractors and/or invitees except to the extent any such claims
may be directly and solely attributable to the gross negligence or willful misconduct of
SUMMIT, its directors, officers, and/or employees.
4.2 Sponsor shall indemnify, defend, and hold SUMMIT harmless from and against any claims
arising out of, or relating directly or indirectly to, content on their respective web sites, use of
Sponsor’s trademarks and logos, and Sponsor Materials.
4.3 Sponsor will give SUMMIT prompt written notice of any claim or suit coming within the
purview of these indemnities.
5. Limitation of Liability. Except with respect to Section 8.3, in no event shall either party be
liable to the other party for any incidental, consequential, indirect, or punitive damages
(including but not limited to lost profits) regardless of whether such liability is based on breach
of contract, tort, strict liability, breach of warranties, failure of essential purpose or otherwise
and even if advised of the possibility of such damages. Notwithstanding anything else in this
Agreement, Summit's liability for any claim against Summit shall be limited to the funds
available in its own bank account at the time of the claim.
6. Representations. Each party hereby represents and warrants that it has the full power to
enter into and perform according to the terms of this Agreement.
7. Term and Termination
7.1 Term. Subject to the terms and conditions herein, this Agreement shall be effective upon
the Effective Date and shall continue through April 11, 2014 one week past the event date,
unless earlier terminated as otherwise provided in this Agreement (the "Term").
7.2 Termination by SUMMIT. SUMMIT shall be entitled to cancel the Event and/or terminate
this Agreement at any time for any reason. In the event SUMMIT terminates this Agreement for
any reason other than Sponsor's breach SUMMIT shall refund any fees received from Sponsor,
and at Sponsor’s expense, return any materials, and equipment, hardware and/or software
loaned by Sponsor for the Event.
7.3 Termination by Sponsor; Effect of Termination
a) Sponsor may terminate this Agreement for breach by SUMMIT after giving SUMMIT at least
ten (10) days prior written notice specifying the nature of the breach, and giving SUMMIT no
less than ten (10) days to cure such breach. In the event such breach remains uncured at the
end of the notice period, this Agreement shall terminate on the tenth day. If breach occurs