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Penton Media GmbH Advertising price list Nr. 7 Valid from 1.7.2008

Penton Media GmbH Advertising price list Nr. 7 Valid from 1.7.2008

Penton Media GmbH Advertising price list Nr. 7 Valid from 1.7.2008

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Terms and Conditions<br />

to unpaid interest charges, and finally to the invoice specified.<br />

If the customer does not comply with his payment obligations according to contract, if his payment is<br />

in arrears, or if he exceeds the payment deadline, or other circumstances become known that call into<br />

question his creditworthiness and thereby endanger the payment demands, payment can be demanded<br />

regardless of existing oral agreements about extensions and installment payments through<br />

discounted bank draft prepayments for contracted advertisements, as well as immediate payment of<br />

all invoices open as well as not yet due; and the advertising contracts that are still running can be<br />

cancelled.<br />

The customer is only entitled to compensation, withholding, or decreasing payment if his claims are<br />

recognized or the counterclaims are legally determined.<br />

10. Delays<br />

With the exception of firmly arranged fixed dates of publication, a delay may be said to occur only when<br />

the customer has set in writing a grace period of at least one month. If the publishing house falls behind,<br />

it bears obligations for damages in the case of light negligence in the amount of 0,5% for every<br />

complete week of delay not, however, to exceed 50% of the value of the advertisement affected by the<br />

delay. Claims exceeding this are only applicable in cases of intentional or gross negligence.<br />

If the delay continues for longer than three months, the customer is entitled after a reasonable grace<br />

period to cancel the unfulfilled part of the contract. If the delivery time is extended or the publishing<br />

house is freed of its obligation by the cancellation of the contract, the customer will have no claims for<br />

damages.<br />

11. Liability Regulations with Material Defects and Defects of Title<br />

The publishing house guarantees the best possible reproduction of the advertisement corresponding to<br />

the usual technical standards of the printing industry, within the framework of possibilities of the material<br />

to be printed. Claims fall under the statute of limitations in 12 months. This period begins with<br />

the day of the appearance of the advertisement.<br />

The customer is responsible for checking the published advertisement immediately and reporting any<br />

defects within a week of publication.<br />

If there is a defect caused by the publishing house, the customer is entitled to a substitute advertisement<br />

in the next possible issue. If the publisher fails to fulfill this obligation within an appropriate period<br />

of time, the customer can, after setting another deadline, withdraw <strong>from</strong> the contract or reduce the<br />

advertising <strong>price</strong>.<br />

The post-fulfillment claims are the entitlement of only the customer and cannot be transferred.<br />

12. Limitations of Liability<br />

The publishing house has unlimited liability only for intentional and gross negligence, in the case of<br />

negligent breach of duty as well as for losses resulting in loss of life, bodily injury, or impairment of<br />

health. In the case of light negligence, the publishing house is responsible for damages including lost<br />

profits only by the violation of such obligations on whose fulfillment the customer might rely in special<br />

measure. According to the size, the liability is limited in this case to the damages typical to the nature<br />

of such contracts and in such cases foreseeable and not controllable by the customer.<br />

13. Jurisdiction and Place of Execution<br />

Jurisdiction and place of execution is the seat of the publishing house in München. This applies only if<br />

the customer belongs to the businessmen for the purposes of §§ 1, 2, 3, 5 and 6 HGB, or is, in accordance<br />

with § 38 paragraphs I ZPO, a legal entity of the public law or publicly legal separate estate or<br />

if his domicile or usual place of residence is unknown at the time of the filing of an action or if his domicile<br />

or usual place of residence is moved after closure of the contract <strong>from</strong> the area of jurisdiction of<br />

the law or the customer has no general jurisdiction at home. The publishing house is, however, also<br />

entitled to sue in the customer’s seat of jurisdiction. The laws of the Federal Republic of Germany apply<br />

in all legal relations existing between the parties.<br />

14. Miscellaneous<br />

Should one or more regulations of these terms of trade or a regulation within the framework of other<br />

agreements be or become ineffective, the validity of all other regulations or agreements will not be affected<br />

by this. Invalid or missing clauses are to be replaced as a substitute by effective clauses that<br />

are equal to the desired purpose through the help of the appropriate legal regulations.<br />

Status: August, 2007 (subject to change)<br />

7

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