Cyberport Venue Application Rules and Information

I. Application Procedures

1.1 Any party who are interested in renting Cyberport's venue (s) (after called "Licensee") must submit a duly completed Venue Application Form together with a tentative programme rundown, a scaled layout plan with equipment and lighting arrangements to the office of the property manager EastPoint Property Management Limited (after named "EastPoint") for approval.

1.2 The Licensee will be notified of the application result as soon as the final decision is made. Normally such procedures will be concluded within seven (7) working days from the date EastPoint received the application form, subject to the completeness of information provided.

1.3 Once the application is approved, the Licensee will enter into a License Agreement with Hong Kong Cyberport Management Company Limited (afer named "Licensor") in respect of the venue booking. The License Agreement should be signed at least fourteen (14) working days prior to the commencement date of the event.

1.4 The Licensee is required to submit a final and full event scheme including detailed program rundown, set up and dismantle schedule, scaled layout plans with equipment,

lighting arrangement, electrical loading demand, power consumption requirement, cable routing and necessary schematic diagrams at least ten (10) working days prior to the commencement date of the event to EastPoint for approval and the Licensor reserves the right to remove any materials that is not mentioned in the approved layout plan.

II. Payment

2.1 Security Deposit and 50% of total license fee must be paid at least seven (7) working days prior to the commencement date of the event. The remaining 50% of total license fee should be fully paid at least three (3) working days prior to the commencement date of the event. Security Deposit will be refunded subject to the indemnification clause or clear of any possible liabilities.

2.3 Payment must be made in crossed cheques drawn in favor of "Hong Kong Cyberport Management Company Limited" to the address of EastPoint. Post-dated cheques will not be accepted. Payment can also be settled by bank-in to Standard Chartered Bank with Account Number: 447-1-089231-7. After the payment settle, Licensee should fax the bank-in slip with indication of the bank-in date to EastPoint Property Management Limited at 3166 3100.

III. Cancellation / Alteration of Arrangements

3.1 If the event/meeting is cancelled by the Licensee after signing the License Agreement, the total deposit paid will not be refunded. Failure to make any payment on time would also be interpreted as cancellation of the event by the Licensee.

3.2 If the Licensee wishes to change the booking date or time to any date or time within thirty (30) calendar days of the original booking period after signing the License Agreement, the Licensee may do so by serving the Licensor a written notice at least seven (7) working days prior the original booking period. Under this circumstance, 50% of the paid sum can be transferred to meet the new booking charges while the remaining 50% of the paid sum will not be refunded. There is also no refund for other alterations of the booking arrangements. The Licensor reserves the right to refuse an alternative event date if the venue availability or other considerations do not allow.

3.3 If the event/meeting is cancelled due to a natural disaster such as a Typhoon Signal No. 8 and above or Rainstorm Black Warning, the Licensor will do its utmost to re-schedule the event to a mutually agreeable time. No refund will be made and the Licensor reserves the right to refuse an alternative event date if the venue availability or other considerations do not allow.

3.4 In case of a booking cancellation arising from an unexpected urgent need of the venue and associated facilities by Cyberport, the Licensee may receive a full refund, without compensation, subject to the arrangements that have been made.

3.5 Licensor reserves all rights to alter or cancel the arrangements at any time if any term or condition of the License Agreement is breached before its expiry. No refund or compensation will be available or made in such case.

IV. Insurance and Indemnification

4.1 The Licensee shall be liable for and shall indemnify the Owner against any expenses, liability, loss, claim or proceedings whatsoever arising under any status or common law in respect of personal injury to or death of any person whomsoever or any damage whatsoever to any property arising out of or in connection with the License granted.

4.2 The Licensee shall take out public liability insurance for accidental death or bodily harm or injury suffered by any person and accidental loss of or damages to any property of an appropriate amount which shall in no event be less than HK$20,000,000.00 in respect of each and every event. The policy of insurance shall be effected with a reputable insurance company and copies of insurance certificate must be sent to the Licensor at least five (5) working days prior to the commence date of the event.

Hong Kong Cyberport Management Company Limited and EastPoint Property Management Limited must be fully indemnified by the Licensee of any damages incurred to the venue, facilities, or any injuries to people arising from the Licensee's use and occupation of the venue. Area coverage should be: Cyberport, 100 Cyberport Road, Hong Kong.

4.3 The Licensee shall be wholly responsible for the use of the venue and for any loss damage or injury caused to any person whomsoever or to any property whatsoever directly or indirectly through the act, omission, default or neglect of the Licensee its servants agents contractors Licensee invitees or customers and shall make good the same by payment or otherwise and shall indemnify and keep the Owner indemnified in full for all costs and expenses incidental to any claims demands actions and legal proceedings whatsoever by any person against the Owner in respect of any such loss damage or injury as aforesaid incurred by the Owner.

4.4 The Licensee shall be responsible for the reinstatement cost of the loss or damage of the premises, furniture or facilities during the Event (including set up and dismantle period), if any. If the Security Deposit cannot cover all of the reinstatement cost, the Licensee shall be responsible for the remaining balance.

V. Installation and Dismantling

5.1 All exhibits, stands and display items must be prefabricated before delivery to the Area. No production work or painting is allowed inside Cyberport.

5.2 Exhibits and stands may not exceed 2.5m in height and 3kpa in loading unless prior written approval has been given.

5.3 The venues or area involved must be fully carpeted and the walls/columns must be wrapped during the whole set up and dismantle process as to protect from damages.

Folding chairs are also not recommended to use in the podium.

5.4 The schedule of the installation and dismantling must be coordinated and approved by EastPoint. Overnight charges would be applied for set up start from 2000 to 0800 at HK$10,000 per night.

VI. Electrical Installation

6.1 The Licensee or the Licensee appointed contractor should submit the electrical loading demand and power consumption requirement, cable routing and necessary schematic diagrams at least ten (10) working days prior to the commencement date of the event to EastPoint for approval.

6.2 A Work Completion Certificate (WR1) duly signed by the Registered Electrical Contractor should be submitted the day after completion of work.

6.3 All works carried out must comply with the power company's supply rules, latest IEE wiring regulations, the code of practice for Electrical (Wiring) Regulations, FSD regulations and any other requirement as required by the local Authorities and Utilities.

6.4 Cable (PVC/PVC) used must comply with B.S.6004/6346 450/750V grade.

6.5 Flexible cable used must comply with B.S.6007: 1975 for 450/750V grade.

Cyberport Venue Application Rules and Information

6.6 A switch of at least 10A rating should be provided to control the on/off operation of all exhibition lighting connected to the floor mounted socket outlets.

6.7 Good workmanship and the use of proper material are essential and all workmanship shall be subject to the approval of Cyberport.

6.8 Maintenance of the temporary electrical power supply for the event shall be the Licensee's sole responsibility.

6.9 If a rotating stage is erected an emergency stop button in a prominent location should be provided

6.10 It is the sole responsibility to carry out the electrical work in accordance with the requirement of Electricity Ordinance Chapter 406, power company's supply rule, latest IEE wiring regulation, code of practice for the Electricity (Wiring) Regulations, FSD regulations and any other requirement as required by the local Authorities and Utilities.

6.11 The run of electrical cables between the floor sockets and display components should be minimized. All wiring/cables on the floor should be tightly covered with silver-grey adhesive tape or other type as approved by EastPoint.

6.12 The connection of temporary electrical supply should be responsible by the Licensee or the Licensee appointed contractor including main switch/isolator, cable, extension cable and device protection to comply with cope of practice for the Electricity (Wiring) Regulations.

VII. Music / Voice-Over / Sound / Video / Performance

7.1 Sound emitted from the video display, PA system or any audio-visual equipment must be kept to a level which can be heard only in the immediate area of the Event unless prior written approval has been granted. EastPoint has the right at any time to lower or turn off the equipment if the sound levels, type of and context of sound are considered to be not appropriate.

7.2 The content of any music, voice-over, sound, videotapes and/or performances must be submitted to EastPoint.

7.3 The Licensee shall be responsible for obtaining any necessary permit from relevant Government Departments. The Licensee is also required to submit valid license issued by Phonographic Performance (South East Asia) Ltd or any related organizations to EastPoint at least five (5) working days prior to the commence date of the event if the Licensee is going to have any performance within Cyberport area of sound recordings, music videos and/ or karaoke videos. The Licensee should have responsibility to ensure the event programs/activities is complying with the Noise Control Ordinance, Cap.400, or else the Licensor shall have the right to forthwith terminate this License Agreement and cancel the arrangement at any time and all payment made by the Licensee shall be forfeited.

7.4 The Licensee shall not produce any sound or noise of any nature or other act or thing which may be a nuisance or an annoyance. The Licensee shall forthwith stop any activity which in the sole opinion of the Licensor or its agent (which decision shall be final) will be a nuisance or an annoyance or may cause nuisance or annoyance to other users, occupiers, tenants and owners of Cyberport or neighboring development. The Licensor shall have sole discretion and control of the sound level output for any PA/sound systems provided or used by the Licensee.

VIII. Rules and General Conditions

8.1 The Licensee shall be responsible for obtaining any necessary license in association with the event. Any such license fee resulting from the event shall be borne by the Licensee.

8.2 The nature of the event shall be consistent with that approved, or else the Licensor shall have the right to forthwith terminate this License Agreement and cancel the arrangement at any time and all payment made by the Licensee shall be forfeited.

8.3 This License shall be personal to the Licensee and the Licensee shall not transfer or assign the benefit of this License Agreement If the terms and conditions are breached, the Licensor shall have the right to forthwith terminate this License Agreement and all payment made by the Licensee shall be forfeited.

8.4 The Licensee is not allowed to transfer, sublet or share any part of the Area without prior approval from Cyberport. The tenant discount is only applicable for Cyberport Tenants own events. If the terms and conditions are breached, the Licensor shall have the right to forthwith terminate this License Agreement and all payment made by the Licensee shall be forfeited.

8.5 No unauthorized posting of publicity material shall be allowed without prior permission. Any unauthorized posting will be removed.

8.6 The Licensee and the nominated contractor shall be responsible for the operation and maintenance of their installations.

8.7 Leaflets and promotion giveaways may only be distributed within the event area and tenants or visitors should not be intruded upon.

8.8 No direct selling, cash transaction, recruitment, registration or market research study shall be allowed within the area or anywhere inside Cyberport without the prior written consent from the Licensor.

8.9 The Licensor and its security staff shall not be responsible for the materials and property on display in the event area. Additional security must be hired for the Event at the Licensee's sole cost. If the Licensee intends to bring in any outside security guards, the Licensee must inform and seek approval from the Licensor at least three (3) working days prior the commencement of the event.

8.10 No disturbance would be made to the tenants as well as the nearby residents, or else the Licensor shall have the right to forthwith terminate this License Agreement and cancel the arrangement at any time and all payment made by the Licensee shall be forfeited.

8.11 Cyberport should presented in a positive, or at least, a neutral way or else the Licensor shall have the right to forthwith terminate this License Agreement and cancel the arrangement at any time and all payment made by the Licensee shall be forfeited.

8.12 The Licensee is responsible to keep the venue clean and tidy at all times including floor sweeping or carpet vacuuming. All carton boxes and miscellaneous items must be removed from the area or kept out of public view. The Licensee is responsible to clean up the venue after the event.

8.13 Cyberport should be acknowledged as a sponsor in all and any related publicity and display materials if Cyberport is sponsoring any part of the Exhibition.

8.14 Complimentary parking cannot be made available for the Licensee. Parking charges are applicable when parking at the loading / unloading bay for delivery purpose with first hour free of charges and subsequent hour charges would be applied. Portion of an hour would be counted as an hour.

8.15 The approval by the Licensor or its agent on the protection methodology proposed by the Licensee for any of the activities shall not be deemed to operate as a waiver by the Licensor of any right to proceed against the Licensee in respect of any damage caused by the activities nor shall it be interpreted to mean an agreement by the Licensor to share any liability for the activities to be undertaken by the Licensee.

8.16 The Licensee shall be responsible for the traffic control, if applicable.

8.17 The Licensee shall maintain clear access for the Emergency Vehicular Access, if applicable.

8.18 The Licensee should arrange to distribute advance notices to nearby residential buildings or other noise sensitive uses to alert the people of the date, time, venue and programme of the activity.

8.19 The Licensee and its contractors should NOT start any set-up/decoration works/moving of materials/dismantling without prior approval of the Technical Manager of EastPoint Property Management Ltd regarding the protection work to be required.

Enquiries

Please contact EastPoint Property Management Ltd at (852) 3166 3111 or via e-mail: facility@cyberport.hk for any enquiries.