RULES AND REGULATIONS

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1 RULES AND REGULATIONS The following abbreviated rules and regulations show important deadlines. The complete Expo Rules and Regulations will be available in Exhibitor Kit available October GENERAL GUIDELINES A company may participate in The ASPEN Nutrition Science and Practice Conference in two ways: 1. As an Exhibitor: by purchasing booth space to display products or services. 2. As a Sponsor: by supporting ASPEN activities associated with the annual meeting. TERMS AND CONDITIONS ASPEN reserves the right to reject any sponsor, exhibitor or exhibit for any reason, which need not be disclosed to the party submitting the request. Acceptance as an exhibitor does not mean the product or service exhibited is approved or endorsed by ASPEN. The exhibiting company shall not state or imply such approval or endorsement, before, during or after the meeting. Outstanding monies owed to ASPEN must be paid in full before application for exhibitor/sponsorship application is considered. Onsite exhibitor or sponsor reservation is not available. DEPOSITS AND PAYMENTS Exhibitor Applications submitted prior to August 1, 2017 must include a 50% deposit. Applications submitted after August 1, 2017 must include full booth payment. Cancellations made after July 31, 2017 will forfeit 50% of the total booth fee and will be charged a $200 processing fee. There will be no refunds for cancellations after July 31, Full payment is due with applications submitted after August 1, Make checks payable in U.S. Funds: ASPEN Expo Management 8630 Fenton Street, Suite 412 Silver Spring, MD ASPEN s Federal Tax ID: # ATTENDEE ONSITE GUIDE To be included in Onsite Guide, ASPEN must receive a signed agreement with the required information (company name, address, booth number and website address) and full payment. ASPEN reserves the right to accept or reject any exhibit or any promotional material, or to condition acceptance upon modification for any reason, which need not be disclosed. IMPORTANT DATES MONDAY, JULY 31, 2017 Last day to cancel booth with refund TUESDAY, AUGUST 1, % Balance of booth payment due OCTOBER 2017 Exhibitor kit available WEDNESDAY, NOVEMBER 1, 2017 Deadline for company descriptions MONDAY, DECEMBER 11, 2017 First Day to Request Pre-Registration List TBD Deadline for Advance Orders JANUARY 21 22, 2018 Exhibitor move-in and installation JANUARY 22 24, 2018 Expo Open JANUARY 24, 2018 Exhibit tear-down at 2:30pm FRIDAY, FEBRUARY 23, 2018 Final Day to Request Post-Show Registration List 11 EXHIBITOR PROSPECTUS

2 RULES AND REGULATIONS CANCELLATION/REDUCTION OF SPACE Any exhibitor who cancels their booth space or sponsorship by July 31, 2017 will be responsible for 50% of the total booth fee plus a $200 processing fee. An exhibitor who cancels their booth after July 31, 2017 will forfeit and pay to ASPEN, as liquidated damages, a sum of money equal to 100% of the full price of the exhibitors booth space. If an exhibitor reduces the size of its contracted booth space, a 10% service charge of the original contract price will be assessed by ASPEN The payment previously received will be applied to the revised booth fee balance. ASPEN has the right to reassign the exhibitor to a different booth space based on revised size requirements. Cancellations and space reduction requests must be submitted in writing to Valerie Mickiewicz, Corporate Relations and Conferences Manager, at valeriem@nutritioncare.org CANCELLATION If an emergency arises before or during the event which prevents the conference scheduled opening and operation, such as strike(s), terrorism, destruction or damage of the hotel, acts of God, or a declaration of a local, state, or national emergency by the governor or president, it is expressly understood and agreed that ASPEN may retain as much of the payment for exhibit space as necessary to cover expenses incurred up to the time of such emergency. PRIORITY POINTS The following system is based on continuous financial support and involvement. Earned priority point totals will be based only on activity during the previous year s conference. Exhibitors will earn 1 point per 10x10 booth space (max. of 10 points) Platinum Sponsors will earn 8 points Gold Sponsors will earn 4 points Silver Sponsors will earn 3 points Bronze Sponsors will earn 2 points Non-premium level sponsors will earn 1 point ASSIGNMENT OF SPACE Priority for space assignment is based on points awarded via official Guidelines. For 2018, all returning exhibitors will be given booth and sponsorship selection priority and hotel meeting space based on total number of points earned from the previous year. Exhibit and function space requests received by new companies will be assigned on a space available basis only after all returning companies have made their selections. PRIORITY POINTS PENALTIES Any company that initiates tear-down prior to the published closing time of the Expo or is not present to conduct their contracted exhibit space will forfeit all points accrued for their participation in that program. DAMAGE Exhibitors are responsible for all damage done to property or persons due to actions or omissions of the exhibitor or its employees or agents. LIABILITY ASPEN, its employees, directors, agents, volunteers and subcontractors, the facility, the general contractor, the employees thereof, and their representatives shall not be responsible for any injury, loss or damage that may occur to or by the exhibitor or sponsor, its agents or employees, or property or materials arising from any cause whatsoever, prior, during, or subsequent to the exhibit. Exhibitor or sponsor expressly understands that it releases ASPEN and agrees to indemnify, defend and hold harmless ASPEN, its employees, directors, agents, volunteers and subcontractors, the facility, and the general contractor from and against any and all claims for loss, injury or damage due to its actions or omissions or those of its employees or agents. 12 EXHIBITOR PROSPECTUS

3 RULES AND REGULATIONS SECURITY AND INSURANCE As a courtesy, security for the perimeter of the exhibit area will be furnished by show management only during the event itself. The furnishing of such services is no guarantee against any loss or theft of any kind. Exhibitors must take provisions to safeguard their goods from the time they are placed in the both until they are removed. Exhibitors are required to insure themselves against property loss or damage and against liability for personal injury. Exhibitors must arrange to have at least one representative in attendance at all times during the exhibit and at least 15 minutes before and after show hours. AMERICANS WITH DISABILITIES ACT (ADA) ASPEN abides by the rules put forth in the Americans with Disabilities Act (ADA). If you have special needs or questions, please contact ASPEN at COPYRIGHT LAW No copyrighted music may be played or sung in the exhibition area in any fashion (including, nor limited to, background music on video or audio presentations) without obtaining appropriate licensing. The exhibitor shall indemnify Show Management, ASPEN and the facility, their officers, directors, employees, and agents and save them free and harmless from any and all liability whatsoever, for any infringement of or other violation arising out of the use of copyrighted music. LEAD RETRIEVAL SYSTEM A computerized lead retrieval system will be available for exhibitors to rent to quickly and accurately record the name and contact information of prospects. Further information and an order form will be included in the Exhibitor Service Kit. BOOTH INSTALLATION, DISMANTLING AND REMOVAL Exhibitors who plan to have an exhibit service firm other than the official show decorator install, dismantle, and remove exhibits, must abide by the following rules: The exhibitor must notify the official show decorator in writing 30 days prior to the meeting with the name of the service firm, address and supervisor in attendance. The service firm must notify the official show decorator, in writing 30 days prior to the meeting of the names of all exhibiting companies for whom they have orders, along with the names of all employees working on the show, and must furnish insurance certificates. Upon arrival at the exposition site, service companies must check in with the official show decorator to receive permits to work on the exposition floor. PROSPECTIVE EXHIBITOR PASSES Prospective exhibitors may visit the exhibits with an exhibit only badge at the cost of $300. All prospective exhibitors must pre-register before January 8, 2018 by contacting Valerie Mickiewicz, at valeriem@nutritioncare.org. Onsite registration will not be available. The activities of prospective exhibitors are limited to the assessment of the exhibits for future participation in the meeting. Any commercial activity by prospective exhibitors is expressly prohibited and will result in immediate expulsion from the Exhibit Hall and all future events. ASPEN reserves the right to deny access to any individual. FOOD AND BEVERAGE DISTRIBUTION Exhibiting companies will be allowed to distribute food and/or beverages from their booths. Food and beverage distribution is subject to the rules and regulations of Caesars Palace which require ALL food and beverage be purchased from Caesars palace. 13 EXHIBITOR PROSPECTUS

4 RULES AND REGULATIONS AUDIO-VISUAL Encore Event Technologies is the exclusive AV provider of all audio visual equipment and labor for Caesars Palace. This exclusivity applies to all audio visual equipment and labor on the tradeshow floor. MUSIC, PHOTOGRAPHY AND VIDEOTAPING Music and audio-visual devices with sound are permitted only in those locations approved by Show Management and at such decibel intensity as not to interfere with the activities of other exhibitors. Photography and videotaping other than by official Show Management photographers is not permitted within the exhibit hall at any time unless pre-approved by ASPEN. Only the exhibitor may grant permission to have its exhibit and or products photographed. By exhibiting at the Expo, exhibitors provide consent to have their exhibit/products photographed by the official conference photographer. SPECIAL REGULATIONS ASPEN reserves the right to absolutely control or prohibit without recourse any exhibit or any part of any exhibit which, in its opinion, is not suitable or in keeping with the character of the exhibition. This reservation concerns persons, things, conduct, printed matter, souvenirs, catalogues, etc. Advertisements not meeting the approval of ASPEN must be removed upon request. Aisle space may not be used for exhibit purposes for displays or signs or for solicitation of business. Distribution of cards, circulars, samples or exhibit material is expressly forbidden in areas outside of the exhibit hall. Exhibitors will not be permitted to use strolling advertisements. Unethical conduct or infraction of rules on the part of the exhibitor or his representatives or both will subject the exhibitor or his representatives or both to dismissal from the exhibit hall. In this event, it is agreed no refund shall be made by ASPEN, and no demand or redress will be made by exhibitor or his representatives. Disregard for any rule stated here is considered just reason for ASPEN to prohibit any exhibitor from attending all future activities. NO SOLICITATION POLICY In response to exhibitor requests the show floor will be strictly policed to eliminate solicitation of exhibitors by other exhibitors and third parties. If you are approached please report it to the exhibitor registration desk immediately. Individuals who fail to observe the ASPEN No Solicitation Policy will be removed from the exhibition floor and jeopardize the participation of the exhibitor they represent. As a reminder of ASPEN policies, you are only allowed to distribute literature, journals, and promotional materials from your designated booth area. Any distribution of the mentioned materials outside of your booth will be a violation of the guidelines set forth by ASPEN and subject to your removal from the exhibit floor. This will be strictly enforced. Subletting of Space The subletting or assigning of space is prohibited. Two or more firms may not exhibit in a single space unless special arrangements have been made with ASPEN. Prize Contests No one shall sponsor any type of contest, raffle, or drawing for prizes either in the exhibit hall or in connection with the conference without approval from ASPEN. Exhibits in Other Areas ASPEN forbids any company from displaying or demonstrating merchandise anywhere except in exhibit hall during the entire conference unless prior approval has been granted from ASPEN. Use of Projection Equipment, etc. Projection of sound, pictures and the use of loud speakers, or megaphones must not interfere with other exhibits or aisle space. Use of such equipment is subject to union regulations. Fire Regulations Fire hose cabinets must be left accessible and in full view at all times. All display material must be flame proofed and subject to inspection by the Las Vegas Fire Department. No flammable fluids or substance may be used or shown in booths. 14 EXHIBITOR PROSPECTUS

5 RULES AND REGULATIONS Care of Property No signs or other articles are to be fastened to walls or electrical fixtures. The use of thumbtacks, scotch tape, nails, screws, bolts or any tool or material which could mark the floor or walls is prohibited. Any damage to the Exhibit Hall through carelessness of exhibitors, their employees, or agents must be paid for by the exhibitor causing such damage. Installation Exhibits should be installed according to IAEE guidelines ( so they will not project beyond the space allotted or obstruct the view of, or interfere with, other exhibits. Pets/Animals No pets or animals will be permitted in the exhibit hall (exception: guide dogs). ADA ASPEN abides by the rules put forth in the Americans with Disabilities Act (ADA). Failure to Occupy Space Any space not occupied by 5:00 p.m. Monday, January 22, 2018 will be forfeited by the Exhibitor, and this space may be reassigned or used by ASPEN without refund, unless arrangements for delayed occupancy have been approved by ASPEN. Sales Activity Exhibitors are prohibited from direct cash sales of their products or services from their booths unless prior approval has been granted by exhibit managers. Discount selling of display items at the close of the program order taking are permitted. Exhibitors are responsible for obtaining a temporary tax license from the state of Florida, if necessary. Handouts/Giveaways ASPEN must review and approve each giveaway item. Please observe the HCEA guidelines. RULES AND REGULATIONS Exhibitor agrees to be bound by the Rules and Regulations which are incorporated herein and by reference. Exhibitor agrees and understands that the Rules and Regulations may change from time to time, at the sole discretion of ASPEN. Exhibitors will be notified of any changes to the Rules and Regulations at the time of the change. 15 EXHIBITOR PROSPECTUS

6 Learning never takes a lunch break! ASPEN provides our exhibitors with the opportunity to host a Lunch & Learn style session on the Central Stage in the Exhibit Hall. These industry workshops offer an opportunity to connect with ideal target customers in a personable setting with exclusive time slots. ELIGIBILITY Participating organizations are required to be exhibitors at the ASPEN Expo to conduct a Presentation on Central Stage. There are a total of six (6) Presentation timeslots in the Central Stage area during the ASPEN Expo. Applications will be processed on a first-come, first-served basis, with preference given first to companies who conducted a Central Stage Presentation at the 2017 conference, then to returning exhibitors and finally to first-time exhibitors. The Central Stage area will be a designated area located on the ASPEN Expo floor and will consist of a pipe and draped section with a riser and banquet rounds of 10 seats each for approximately 200 people total. RATES PRESENTATION #1 $21,000 (non-compete timeslot) PRESENTATION #2 $10,500 (compete timeslot with 10:30am 12:30pm sessions) PRESENTATION #3 $18,000 (non-compete timeslot) SCHEDULE TUESDAY, JANUARY 23, 2018 Presentation #1 9:30am 10:15am Presentation #2 10:45am 11:30am Presentation #3 12:30pm 1:15pm WEDNESDAY, JANUARY 24, 2018 Presentation #4 10:15am 11:00am Presentation #5 11:30am 12:15pm Presentation #6 12:45pm 1:30pm PRESENTATION #4 $10,500 (compete timeslot with 10:30am 12:30pm sessions) PRESENTATION #5 $10,500 (compete timeslot with 10:30am 12:30pm sessions) PRESENTATION #6 $18,000 (non-compete timeslot) Only one (1) Central Stage Presentation will be conducted per time slot. All space and time slots will be assigned by ASPEN 16

7 APPLICATION PROCESS All applications must be reviewed and approved by ASPEN. Applications are processed on a first-come, first-served basis. Space is limited for this activity. Applications will be accepted from meeting planning or other third-party companies only if accompanied by a letter on the hosting company s letterhead authorizing the company to act on the sponsor s behalf. A deposit of 50% of the full payment is due with the contract and must be received before time slot will be assigned. The balance of the payment is due 30 days from date of invoice or December 1, 2017, whichever is earlier. Full payment is due with any application submitted after November 1, Upon receipt of the completed application, ASPEN will provide the assigned date and time. Space is officially confirmed when you receive notification from ASPEN. REQUIREMENTS Central Stage Presentations are considered promotional activities and must be conducted in accordance with all applicable FDA regulations and other established standards and codes. These sessions may not offer continuing education credit (CE). The company hosting the presentation and/ or the company s designated third-party meeting planning organization is responsible for all aspects associated with the planning, promotion, and management of the presentation and for payment of all costs associated, including but not limited to additional audiovisual equipment, electrical services, and labor. ASPEN PROVIDES THE FOLLOWING Session signage directly in front of the entrance to the Central Stage Overhanging banner designating the Central Stage Presentation area Listing of your Presentation session in the conference Onsite Guide* Listing of your Presentation schedule on the conference website Pipe and drape area with stage located in the ASPEN Expo Seating for 200 attendees One standing lectern on stage AV including LCD projector, screen and sound system Inclusion of Presentation listing in select promotional s to registered and prospective attendees Door Drop and advertising options available at an additional cost (refer to Sponsorship Brochure for details) * All promotional listings of Central Stage Presentations in official conference publications MUST be approved by ASPEN no later than November 1, PRESENTING COMPANY S RESPONSIBILITIES Assuming the cost and coordination for all audiovisual services that are above those included in the fee. Assuming the cost and coordination for all electrical, computer/internet services associated with your presentation. Assuming the cost of any food & beverage held in conjunction with your company s presentation. Designing, printing, and distributing presentation invitations. Providing onsite set-up, management, and removal of materials for your company s presentation. Creation, management, and delivery of the program in compliance with the requirements outlined above. 17

8 PROMOTION OF CENTRAL STAGE PRESENTATION & PROMOTIONAL MATERIALS All promotional materials (including announcements, signage, invitations, s, websites, advertisements, posters and flyers) must be approved by ASPEN prior to printing or use. Final versions of materials should be submitted for FINAL approval no later than November 1, Submissions should be sent via to Please allow up to three business days for approval. The ASPEN and/or conference logo, name, insignia and other identifying marks may not be used on any exhibitor marketing, Central Stage Presentation promotional or booth materials, either inside or outside the exhibit area. No other phrase or reference to ASPEN or the ASPEN Nutrition Science and Practice Conference is permitted on Central Stage Presentation materials. The ASPEN and/or conference logo or ASPEN and/or conference graphics may not be used on Central Stage Presentation materials. The words education, educational, or symposium should not be used in presentation titles or on any Central Stage Presentation materials. Display advertisements in the Journal of Parenteral and Enteral Nutrition (JPEN), Nutrition in Clinical Practice (NCP), the 2018 Onsite Guide, totebag bag inserts and/or door drops may be used to promote Presentations on the ASPEN Expo Central Stage. No endorsement by ASPEN of the Participants or its products/services, expressed or implied, is permitted or intended. All materials promoting Central Stage Presentation presentations must clearly indicate the name(s) of the organizer(s) and/or the company(ies) providing financial support for the presentation. All materials promoting Central Stage Presentations must include the following two statements: This event is not part of the official ASPEN 2018 Nutrition Science and Practice Conference Educational Program. This promotional activity is provided by (sponsor) and is not certified for continuing education credit. The content of this Central Stage Presentation and opinions expressed by presenters are those of the sponsor or presenters and not of the American Society for Parenteral and Enteral Nutrition. No endorsement by ASPEN of the Participant, its products or services, expressed or implied, is permitted or intended. Distribution of approved materials from Participants exhibit booth(s), or the Central Stage Presentation during the Participant s contracted time slot only, is permitted. Promotional materials may not be distributed in the aisles, in the convention center and hotel lobbies or public areas, or anywhere else in or on official ASPEN contracted property. Noncompliance of this regulation will result in the prompt removal of the offending person and property from that area and will result in loss of priority points by the Participant. Promotional materials may be sent to the Participant s in-house mailing lists or a mailing list provided by ASPEN. ASPEN offers a one-time use of the advance conference registration list complimentary to Central Stage Presentation participants, to be used for promotion of the Participant s Central Stage Presentation. Participants hosting Central Stage Presentation time slots are permitted to supplement conference signage with floor-standing signage immediately at the entrance of the Central Stage Presentation and within their contracted exhibit space only. Signs must be professionally printed, no larger than 28 x 44, and may be ordered through Shepard Expositions or a contractor of the Participant s choosing. Proposed copy for signage must be approved by ASPEN prior to printing. SIGNAGE One (1) professionally produced sign, not to exceed 28 x44 may be displayed outside the Central Stage area. The company hosting the Presentation is responsible for the creation of this sign, not ASPEN. 18

9 PRESENTERS/SPEAKERS All speakers and presenters for Presentations in the Central Stage must be registered for the ASPEN Nutrition Science and Practice Conference and must be wearing their conference badges to be admitted to the exhibit hall. The organization coordinating the presentation is responsible for ensuring all presenters are registered in advance of the session. Speakers that are not already registered for the full conference will be provided an Expo-only badge to access the exhibit hall and Central Stage area. SHIPPING ASPEN has contracted with Shepard Expositions as its shipping company for the 2018 conference. The fees you are quoted and charged are the sole responsibility of the company hosting the Presentation. Shipping fees are not included in the fee that is paid to ASPEN. If you have any questions regarding shipping, please contact Paula Herz at ASPEN is not responsible for any shipping delays, damage, or loss of materials. REGISTRATION & ADMISSION Admission to the Central Stage Presentation will be by official badge obtained upon registration, entitling the wearer to unlimited attendance in accordance with ASPEN Management policy. The badge is not transferable. All attendees of Central Stage Presentations held in Central Stage must be badged as either an exhibitor or other attendee category. ATTENDANCE ASPEN makes reasonable attempts to attract quality attendees to the ASPEN Nutrition Science and Practice Conference and the Central Stage Presentations, but does not guarantee specific volumes of traffic, levels of qualification or overall attendance. Traffic by any given Central Stage Presentation is a function of that particular presentation sponsoring company and not the responsibility of ASPEN. ASPEN will not refund a supporter s fee on the basis of attendance. SOLICITATION The aisles and other spaces in the Caesars Palace not leased to exhibitors and/or Participants shall be under the control of ASPEN Management. All presentations, meetings, distribution of literature, and the transactions of business of any nature shall be made within the Central Stage Presentation, or, if applicable, in the Participant s exhibit space. Temporary staff and/or Central Stage Presentation personnel, including third-party planners, shall be restricted to the same aforementioned guidelines as authorized exhibitor personnel. Solicitation in the aisles outside the Central Stage Presentation or intercepting those in attendance for advertising purposes is strictly prohibited. NO-SHOW POLICY Any Participant who has not checked in with ASPEN staff by 30 minutes prior to the start of their contracted time slot will be regarded as a no-show. The Participant will have been deemed to have cancelled the Central Stage Presentation contract, and, as such, the Participant will pay as liquidated damages 100% of the total contracted Central Stage Presentation fee. ASPEN will be free to utilize the space at its discretion. INSTALLATION & DISMANTLING Installation: Participants will have access to the Central Stage area 15 minutes prior to their assigned time slot. Participants and their speaker(s) are allowed to prep during this time. Please note that in order to facilitate people getting refreshments and finding a seat before the presentation begins, attendees will be allowed into the Central Stage Presentation area in Central Stage approximately 10 minutes before the presentation begins. Dismantling: Participants must remove all literature, materials, handouts, etc., from the Central Stage Presentation area in within 15 minutes after the end of their presentation time slot. Any such materials left longer than 15 minutes after the time slot s conclusion will be disposed of accordingly. 19

10 CENTRAL STAGE PRESENTATION GIVEAWAYS Companies are permitted to distribute from the Central Stage Presentation area in Central Stage, during their assigned time slot only, giveaways in accordance with the policies outlined below. ASPEN will only permit companies to distribute giveaways that are educational for clinicians and/or patients, and modest in value. A company is defined as a for-profit entity that develops, produces, markets or distributes drugs, devices, services or therapies used to diagnose, treat, monitor, manage and alleviate health conditions. Non-profit exhibitors may continue to give away items that are associated with products or services of the exhibiting company and/or be related to the health care practitioner s work. Giveaways must not exceed a retail value of $100. Exhibitors are encouraged to review and adhere to other applicable guidelines and codes of ethics. ASPEN encourages all exhibitors to check with their companies own medical affairs/compliance staff for guidelines. PHOTOGRAPHY & VIDEO RECORDERS Recording video and taking photographs (with film or digital devices, including camera phones), other than by the ASPEN official photographer or videographer, is prohibited. Unapproved photos and/or videos will be confiscated. The following exception shall apply, provided appropriate permission has been obtained from ASPEN Participants and their display companies may record video of their own Central Stage Presentation for marketing or archival purposes, as long as this does not interfere with the learning atmosphere of the Presentation. During the ASPEN Nutrition Science and Practice Conference, attendees, vendors, guests and exhibitors may be photographed by the official ASPEN photographer, or videotaped by the official ASPEN videographer. An individual s photo, likeness or image may be used in future promotional ASPEN publications or materials. Any audio-visual requirements other than what is provided by ASPEN are at the sponsoring organization s expense and must be arranged through the exclusive provider of audiovisual equipment for the ASPEN 2018 Nutrition Science and Practice Conference. APPLICABILITY, INTERPRETATION & GOVERNING LAW These Central Stage Presentation Guidelines, together with the rules and regulations of the Caesars Palace, are part of the ASPEN Central Stage Presentation Contract between the Participant and ASPEN. ASPEN shall have the authority to interpret and enforce these Guidelines. All matters not covered by these guidelines are subject to the decision of ASPEN. All decisions made shall be as binding on all parties as the original Guidelines. The Participant or its designated representative is responsible for familiarizing itself with all Guidelines. Any Participant or Representative that fails to observe these conditions or the terms of the Central Stage Presentation Contract may be ejected from the Central Stage Presentation without refund. Any claim or cause of action arising out of this agreement shall be governed exclusively by the law of the State of Maryland without regard to its conflict of laws principles. Any claim or cause of action arising under this agreement shall be adjudicated exclusively in the local or federal courts of the State of Maryland. The Participant hereby submits to the personal jurisdiction of the courts located in the State of Maryland. AMENDMENTS These Guidelines may be amended at any time by ASPEN, and all amendments so made shall be binding on Participants equally with the original Guidelines. 20

11 CANCELLATION BY ASPEN ASPEN may terminate the Participant s Contract (or any part of it) when ASPEN, in its sole discretion, believes that (a) the premises in which the ASPEN Nutrition Science and Practice Conference is or is to be conducted has become unfit for occupancy, or (b) the holding of or ASPEN s performance under the contract is substantially or materially prevented or interfered with by a cause or causes not reasonably within ASPEN s control. ASPEN is not responsible for delays, damage, loss, increased costs or other unfavorable conditions that arise as a result of such termination. Furthermore, in the event of such termination, ASPEN may retain such part of the participant s fees as shall be required to recompense ASPEN for expenses incurred up to the time of such termination or incident to such termination, with no liability for either party to the Contract. The Participant waives all claims for damages or recovery of payments made, except for the return of the pro-rated amount paid for the presentation time slot less expenses incurred by ASPEN. The above phrase a cause or causes not reasonably within ASPEN s control includes but is not limited to: fire; casualty; flood; epidemic; earthquake; explosion; accident; blockage; embargo; inclement weather; act or threat of terrorism; riot or civil disturbance; strike, lockout, boycott or other labor disturbance; inability to secure necessary labor; technical or personnel failure; lack of or impaired transportation facilities; inability to obtain, condemnation, requisition or commandeering of necessary supplies or equipment or services; orders or restraints imposed by civil defense, military or other types of governmental authorities; or acts of God; or such circumstances making ASPEN s performance impossible or commercially impracticable in its sole discretion. Once signed by the Participant and ASPEN, the Central Stage Presentation Contract and Application is irrevocable, and the rights of ASPEN under the Contract shall not be deemed waived except as specifically stated in writing by an authorized representative of ASPEN. The Participant further agrees that upon acceptance of the Contract by ASPEN, with or without appropriate or timely payment of any and all fees, the agreement shall become binding and enforceable in accordance with its terms. The Contract will be binding on the Participant s and ASPEN s successors. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision, and the invalid term, clause or provision shall be deemed to be severed from the agreement. LIABILITY Participants are liable for any damage caused to the Central Stage floors, walls, columns, or to the presentation area furnishings and equipment, or to other Participants property. Participants may not apply paint, lacquer, adhesive or any other coating to building columns and floors, or to furnishings and equipment. The contracted Participant is responsible for all personal and corporate property placed in the Central Stage space. INDEMNIFICATION AND INSURANCE Each Participant, in making application for a Central Stage Presentation time slot, agrees to protect, indemnify, defend, and hold harmless the following parties (including but not limited to): ASPEN, Caesars Palace, Shepard Expositions, and their officers, directors, agents, contractors and employees from any and all claims, liability, damages or expenses asserted against them or incurred by them as a result of, or in connection with, any loss of or damage to property, or injury to persons resulting from, arising out of or in any way connected with the negligence, wrongful acts of or breach of contract by the Participant or its agents, servants, employees or contractors. Each party involved in the ASPEN 2018 Nutrition Science and Practice Conference and/or a Central Stage Presentation agrees to be responsible for any claims arising out of its own negligence or that of its employees, agents or contractors. Participant represents and warrants that it has general liability insurance coverage in such amount so as to satisfy Participant s obligations under the contract. 21

12 COMPLIANCE & REJECTION The Participant agrees that its presentation and related set-up, tear-down and promotional activities shall operate in strict compliance with these Guidelines. It is the responsibility of the Participant to ensure that all individuals involved with the planning, production, marketing and/or execution of a Central Stage Presentation are aware of and abide by the Central Stage Presentation Guidelines. ASPEN Management reserves the right to reject, eject or prohibit any presentation in whole or in part, or any Participant, or its representative, with or without giving cause. If any Participant is ejected for violation of these Guidelines, or for any other stated reason, no return of rental shall be made. The date of receipt will be the official cancellation date. Companies that cancel a Central Stage Presentation time slot will be subject to fees based on the date of receipt, as follows: If the Participant cancels the Central Stage Presentation time slot on or before December 1, 2017, the Participant will pay as liquidated damages 50% of the total contracted Central Stage Presentation fee. If the Participant cancels the Central Stage Presentation time slot space after December 1, 2017, the Participant will pay as liquidated damages 100% of the total Central Stage Presentation fee. ASPEN retains the right to utilize cancelled Central Stage Presentation time slots at its discretion. CHANGES/WITHDRAWALS Changes to assigned time slots must be requested in writing to ASPEN and will be accommodated only if the requested time slot is available. Any company canceling or withdrawing from time of application to November 16, 2017 will receive a 50% refund of the total. If cancellation occurs after November 16, 2017, ASPEN shall retain the full fee as liquidated damages for any company who withdraws or cancels. Cancellation of participation does not release company from its obligation to pay 100% of the total fee and/or all other fees and expenses incurred by companies as a result of said cancellation. As only contracted exhibitors may retain Central Stage Presentation space, and cancellation of exhibit space automatically results in cancellation of Central Stage Presentation time slots. The following cancellation terms apply, regardless of how a Central Stage Presentation time slot is cancelled: Notification of a Participant s decision to cancel a Central Stage Presentation time slot must be submitted in writing to Valerie Mickiewicz at valeriem@nutritioncare.org. PRESENTATION GUIDELINES The Participant agrees to utilize the Central Stage Presentation for promotional presentations or activities, highlighting a new service, or presenting data on a new product. Participants are not permitted to present any CME/CE educational symposia, sessions or activities in the Central Stage Presentation. Central Stage Presentation speakers and topics must be sent to ASPEN for approval prior to being publicized. All products marketed and promoted in the exhibit hall, including within the Central Stage Presentation, that are regulated by the Food and Drug Administration (FDA) must meet FDA guidelines and be FDA-approved. It is the responsibility of Participants to ensure adherence to Food and Drug Administration (FDA) regulations, policies, practices and guidelines, and all other applicable industry guidelines, concerning the demonstration, discussion, use and/or display of products, technologies, and/or services at the conference. ASPEN also encourages all Participants to check with their companies own medical affairs/compliance staff for guidelines adhered to by their own companies. 22

13 PRESENTATION GUIDELINES Participants are reminded of the FDA restrictions on the promotion of investigational and preapproved drugs, devices and procedures. Information regarding FDA regulations should be obtained directly from the FDA. For more information, visit RegulatoryInformation/Guidances/default.html Participants are reminded that clinical trial results are embargoed from being presented or announced in any forum until the time of the presentation at the conference. It is the Participants responsibility to know whether its trial is subject to the embargo regulation. Presentation or discussion of scientific research results in the Central Stage Presentation prior to the ASPEN 2018 Nutrition Science and Practice Conference is strictly forbidden. All Central Stage Presentations must be held in compliance with AvaMed and PhRMA regulations. ASPEN approval will be based on these regulations. Copyright of the content presented at the Central Stage Presentation shall be owned by the Central Stage Presentation supporter with all rights intact. The Central Stage Presentation supporter is responsible for obtaining copyright permissions and licenses for materials previously copyrighted that will be used as part of the Central Stage Presentation program. Failure to comply with these guidelines will result in the Participant being ejected from the Central Stage Presentation; and the Participant being prohibited from securing a Central Stage Presentation time slot at future ASPEN meetings. AMERICANS WITH DISABILITIES ACT Every sponsoring company ( Participant ) represents and warrants (i) that its presentation will be accessible to the full extent required by law; (ii) that its presentation will comply with the American with Disabilities Act (ADA) and with any regulations implemented by the ADA; and (iii) that it shall indemnify and hold ASPEN harmless from and against any and all claims and expenses, including attorneys fees and litigations expenses, that may be incurred by or asserted against ASPEN, its officers, directors, agents, or employees on the basis of the participant s breach of this paragraph or noncompliance with any of the provision of the ADA. SUBLETTING, SHARING & EXCHANGING The Participant may not assign, sublet, share, apportion or exchange all or any part of their Central Stage time slot with or to another organization or business unless prior written consent has been obtained from ASPEN, which consent may be conditioned on the payment of such fees as ASPEN determines. If the Participant submits a written request prior to the first day of the ASPEN 2018 Nutrition Science and Practice Conference, ASPEN, at its sole discretion, may grant exceptions to the following: a corporate parent or subsidiary of the Participant; another subsidiary of the parent corporation; a partner of the Participant in an ongoing partnership with a written partner agreement; and/or other partnerships/collaborations as deemed appropriate by ASPEN. The Participant must provide to ASPEN written documentation of the particular relationship. ASPEN retains the right to remove any company or organization without a signed contract. QUESTIONS REGARDING CENTRAL STAGE PRESENTATIONS OR ADDITIONAL OPPORTUNITIES? See ASPEN s Sponsorship Brochure, available at or contact Valerie Mickiewicz ASPEN s Corporate Relations and Conferences Manager at or valeriem@nutritioncare.org. 23

14 CENTRAL STAGE PRESENTATION CONTRACT AND APPLICATION COMPANY AND CONTACT INFORMATION (PLEASE TYPE OR PRINT CLEARLY) Company name as you want it to appear in program materials: Contact Name Company Address Direct Telephone Contact s address (required) If company exhibits under a different name, please list it PREFERRED TIMESLOT (PLEASE RANK YOUR PREFERRED DATE AND TIME E.G. 1ST CHOICE, 2ND CHOICE, 3RD CHOICE) TUESDAY, JANUARY 23 WEDNESDAY, JANUARY 24 Presentation #1 9:30 am 10:15 am Presentation #4 10:15 am 11:00 am Presentation #2 10:45 am 11:30 am Presentation #5 11:30 am 12:15 pm Presentation #3 12:30 pm 1:15 pm Presentation #6 12:45 pm 1:30 pm One (1) Presentation will be conducted per time slot. Companies are limited to holding one (1) Presentation at ASPEN2018. METHOD OF PAYMENT (FULL PAYMENT IS DUE WITH ALL APPLICATIONS RECEIVED AFTER NOVEMBER 1, 2017.) Check made payable to ASPEN or Wire Transfer (in U.S. funds drawn on a U.S. bank) OR Visa l MasterCard l American Express Card number Card expiration date (month/year) CSV (3 or 4 digit # on back of card) Cardholder name (as it appears on the card) I, the undersigned, authorize ASPEN to charge my credit card for the amount indicated above. (cardholder signature required) TERMS & CONDITIONS Only participating companies in good standing with ASPEN are permitted to submit an application. Participating companies must settle any outstanding balances in order for their applications to be considered. This application will not become a binding contract until a time slot is assigned and this application is approved and signed by ASPEN. AGREEMENT I, the undersigned, hereby make application for a time slot in the Central Stage for a Central Stage Presentation at the ASPEN 2018 Nutrition Science and Practice Conference. I am an authorized representative of the company with the full power and authority to sign and deliver this Contract and Application. My signature below verifies that I have read and understand the conditions of this Contract as well as the terms and conditions contained in the Central Stage Presentation Guidelines. By signing below, the company listed on this Contract and Application agrees to comply with the policies, rules and regulations contained in the ASPEN 2018 Nutrition Science and Practice Conference Expo Prospectus, the Exhibitor Service Kit, and all policies, rules and regulations adopted by ASPEN hereinafter. By signing below, I also indicate my company s agreement to be bound by support fees and all such terms and conditions. I further understand the ASPEN 2018 Nutrition Science and Practice Conference Central Stage Presentation payment and cancellation policy. Authorized officer s name Authorized officer s signature (required) Title Date

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