Schedule 1 (Event Specifications) to the Licence. Agreement;. âLicensorâ means Suntec Singapore International. Conve
LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS 1. Definitions And Interpretation
(a)
(where there is more than one area subject to the Licence) each such area as described in Item(s) 4.1, 4.2 and/or 4.3 (as the case may be) of Schedule 4 (Details of Licence and Other Services) to the Licence Agreement, and “Licence Area(s)” means collectively all such areas; or
(b)
(where there is only one area subject to the Licence) that area as described in Item 4.1, 4.2 or 4.3 (as the case may be) of Schedule 4 (Details of Licence and Other Services) to the Licence Agreement, and “Licence Area(s)” means that area;
1.1 The
agreement between the Licensor and the Licensee with respect to the licence granted to the Licensee (“Licence”) consists of these Standard Terms and Conditions (“Standard Terms”) and any Additional Terms (as defined in Clause 1.2 below). The Standard Terms and the Additional Terms shall be referred to as the “Agreed Terms”.
1.2 “Additional
Terms” include the following: (1) all terms in the licence agreement (together with all clauses and schedules therein) signed between the Licensor and the Licensee in respect of the Licence (“Licence Agreement”); (2) the event specifications contained in the Licence Agreement; and (3) the Rules and Regulations, and all subsequent amendments made thereto. To the extent that the Additional Terms are inconsistent with the Standard Terms, the Additional Terms shall prevail.
1.3 The
following words and expressions shall, unless the context otherwise requires, have the following meanings respectively:-
“Additional Terms” shall bear the meaning attributed to such term in Clause 1.2; “Agreed Terms” shall bear the meaning attributed to such term in Clause 1.1; “Centre” means the Suntec Singapore International Convention & Exhibition Centre;
“Licence Fee” in respect of a Licence Area means the licence fee (plus any service charges, where applicable) as stated against or in respect of such Licence Area in Item(s) 4.1, 4.2 and/or 4.3 (as the case may be) of Schedule 4 (Details of Licence and Other Services) to the Licence Agreement, and “Total Licence Fee” means the total Licence Fee(s) in respect of the Licence Area(s); “Licence Hours” in respect of a Licence Area means the hours during which the Licencee is permitted by the Licensor to enter, occupy and use such Licence Area;
“Licence Period” in respect of a Licence Area, means the period starting from the Start Date and Start Time, and ending on the End Date and End Time, as stated against such Licence Area in Item(s) 4.1, 4.2 and/or 4.3 (as the case may be) of Schedule 4 (Details of Licence and Other Services) to the Licence Agreement;
“Common Areas” means the corridors, passageways, escalators, entrances, exits, lift lobbies, stairs, stairways, fire escapes within the Centre, the use of which is necessary for obtaining access to and egress from the Licence Area;
“Licensee” means the person or entity whose name, address and particulars are those stated in Part 1 of Schedule 1 (Event Specifications) to the Licence Agreement;
“Conducting Media” shall bear the attributed to such term in Clause 10.1(b);
meaning
“Licensor” means Suntec Singapore International Convention & Exhibition Centre, its permitted assigns and successors in title;
“Event” means the event/function (or any part of it) as described in Schedule 1 (Event Specifications) to the Licence Agreement;
“Management Corporation” means the Management Corporation Strata Title Plan No. 2197, constituted in respect of the Suntec development;
“Event Fee” means the total fees comprising the Total Licence Fee in respect of the Licence Area(s), the Service Fees, the Media Fees and the Rental Equipment Fees;
“Event First Date” shall bear the meaning attributed to such term in Item 2.5 of Schedule 1 (Event Specifications) to the Licence Agreement; “Event Last Date” shall bear the meaning attributed to such term in Item 2.6 of Schedule 1 (Event Specifications) to the Licence Agreement;
“Gebiz Event” means any Singapore government or related event which is contracted to be held at the Centre through a tender or quotation process via the electronic portal at http://www.gebiz.gov.sg; “GST” means goods and services tax charged under the Goods and Services Tax Act, Chapter 117A of Singapore;
“Licence” shall bear the meaning attributed to such term in Clause 1.1; “Licence Agreement” shall bear attributed to such term in Clause 1.2;
the
meaning
“Licence Area”, “the Licence Area” and “a Licence Area” each means:
“MC Rules” shall bear the meaning attributed to such term in Clause 15.1; “Media” refers to the designated media space/item(s) at the Centre, as more particularly described in item 4.4 of Schedule 4 (Details of Licence and Other Services);
“Media Fees” means the price payable for use of the Media, as stated in item 4.4 of Schedule 4 (Details of Licence and Other Services); “Payment Schedule” means the payment schedule 1 as stated in Schedule 6 (Payment Schedule) to the Licence Agreement; “Permitted Use” shall bear the meaning attributed to such term in Clause 2.2; “Permitted Occupier” shall bear the attributed to such term in Clause 10.1(c);
meaning
“Rental Equipment Fees” means the total rental equipment fees stated in Item 4.6 of Schedule 4 (Details of Licence and Other Services) to the Licence Agreement; “Rules and Regulations” means the rules and regulations relating to the use of the Centre for the time
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LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS being in force and which may be prescribed and/or amended by the Licensor from time to time; “Security Deposit” means the sum of money that is equivalent to five per cent (5%) of the Event Fee;
consent of the Licensor and other terms and conditions as the Licensor deems fit from time to time.
2.5 The Licensor reserves the right to refuse entry to or to
immediately eject from the Centre any person whose presence is in the sole and absolute opinion of the Licensor undesirable and/or whose conduct is objectionable, disorderly or disruptive or in violation of any laws.
“Services” means the services described in Item 4.5 of Schedule 4 (Details of Licence and Other Services) to the Licence Agreement; “Service Fees” means the total service fees stated in Item 4.5 of Schedule 4 (Details of Licence and Other Services) to the Licence Agreement; “Standard Terms” shall bear the meaning attributed to such term in Clause 1.1;
2.6 At
the end of the Licence Period in respect of the Licence Area, the Licensee shall be responsible for ensuring that all rented items from the Licensor are restored to the same good order and condition as at the commencement of such Licence Period.
2.7 The
Licensor accepts no responsibility for items brought into the Centre by the Licensee. Subject to the Licensor’s prior written consent, such items may be stored at the Licensee's sole risk in the area(s) allotted to it and must be removed by the Event Last Date. The Licensor reserves the right to charge storage expenses for any items which have not been so removed and collected by the Event Last Date.
“Units” means those parts of the Centre as divided into individual lots by the Licensor; “Unit” means any one of the Units; and “working day” means a day (excluding Saturday, Sunday and public holiday) on which the banks are open for general business in Singapore.
2.8 Nothing 1.4
Any reference to a "person" includes any individual, company, corporation, firm, partnership, joint venture, association, organisation, trust, state or agency of a state (in each case, whether or not having separate legal personality) and any reference to the masculine gender shall include the feminine and neuter and the singular number shall include the plural and vice versa.
1.5
Any reference to any statute or statutory provision includes a reference to that statute or statutory provision as from time to time amended extended or re-enacted.
1.6
Any reference to a document including the Licence Agreement shall include such document as from time to time amended, supplemented or varied.
1.7
Any reference in these Standard Terms to “Clause” or “Clauses” are to the clause and clauses of these Standard Terms.
in the Agreed Terms shall create a tenancy or confer upon the Licensee an interest in the land on which the Licence Area is situated. The legal right to possession and control over the Licence Area remains vested in the Licensor throughout the Licence Period in respect of such Licence Area.
3. Event
Fee, Security Deposit, Interest And Credit Card Payment
3.1 Event Fee
(a)
The Licensee shall pay the Event Fee together with duties and taxes that may be imposed by the revenue authorities strictly in accordance with the time and manner set out in the Payment Schedule.
(b)
Without limiting the generality of Clause 3.1(a), the Event Fee is exclusive of GST. All GST in respect of the Event Fee shall be borne and paid by the Licensee.
3.2 Security Deposit (If applicable) (a)
Upon the Licensor’s request, the Licensee shall forthwith pay to the Licensor the Security Deposit in the manner set out in the Payment Schedule, as security for compliance by the Licensee of all the provisions in the Agreed Terms and to secure or indemnify the Licensor against (i) any loss or damage resulting from any default by the Licensee under the Agreed Terms and (ii) any claim by the Licensor at any time against the Licensee in relation to any matter arising out of or in connection with the Licence Area.
(b)
If any default by the Licensee under the Agreed Terms occurs or there is any claim by the Licensor at any time against the Licensee in relation to any matter arising out of or in connection with the Licence Area, the Licensor is entitled (but not obliged) to apply the whole or part of the Security Deposit in or towards such claim, or to make good any loss or damage sustained by the Licensor as a result of that default and any expense incurred by the Licensor in making good the loss and damage, in any manner as may be prescribed by the Licensor.
(c)
The Security Deposit shall be refunded to the Licensee, free of interest, within thirty (30) days from (i) the date of the termination of the Licence Agreement pursuant to Clause 19 or 22 (subject to the terms therein) or (ii) the
2. Grant Of Licence 2.1 The
Licensor grants the Licensee a personal right to enter, occupy or use the Licence Area on a nonexclusive basis in accordance with the terms and conditions of the Agreed Terms, for the duration of the Licence Period in respect of such Licence Area.
2.2 The
Licensee must not use the Licence Area for any purpose except for the purpose of holding the Event during the Licence Period in respect of such Licence Area (“Permitted Use”).
2.3 The
Licensee must not use the Licence Area for any dangerous, noisy or offensive trade or business nor for any illegal or immoral act or purpose.
2.4
Any change in the Permitted Use of the Licence Area, the Licence Hours and/or the Licence Period in respect of such Licence Area, shall be subject to prior written
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LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS Event Last Date, subject to the deduction by the Licensor of such sum(s) expended by the Licensor in rectifying or remedying any defect to the Licence Area caused by the Licensee or arising out of the default by the Licensee in observing or complying with any term, condition or undertaking (on the part of the Licensee to be observed and complied with) under the Agreed Terms or any claim by the Licensor in connection in relation to any matter arising out of or in connection with the Licence Area. (d)
The Licensee must not set-off any part of the Security Deposit against any Event Fee or other sums owing to the Licensor.
(e)
The rights of the Licensor under this Clause 3.2 are in addition to and will not affect the other rights of the Licensor under the Agreed Terms.
3.3 Interest The Licensee shall pay interest on any monies due and unpaid under the Agreed Terms at the rate equivalent to 3% per annum above the then existing prime lending rate from time to time of the Standard Chartered Bank Singapore calculated on a daily basis and on the basis of a 360 days year from the due date to the date of payment (as well after as before judgement).
3.4
Without prejudice to Clause 3.3, the Licensor may:
(a)
at any time take possession of any property or thing of the Licensee in the possession of the Licensor until such sum is paid in full and if payment is not made within fourteen (14) days after the Licensor so takes possession the Licensor may sell any such property or thing;
(b)
the proceeds of sale of such property may be applied (after deduction of the costs of taking possession, storage and sale) in payment of such sum due and owing; and
(c)
the Licensee shall have no claim whatsoever against the Licensor whether in respect of the taking of possession of the property or thing or of the manner and conduct of the storage or of the sale and PROVIDED FURTHER THAT if the proceeds of sale are not sufficient to pay such sums and costs the Licensee shall remain liable for any balance unpaid.
3.5 Subject
always to the Licensor’s sole and absolute discretion, credit card payments by approved major credit card(s) may be accepted. An administrative fee of 3% will be charged for any credit card payment(s) collectively exceeding the first $20,000.00 per event.
3.6
4. 4.1
4.2
The Licensee must pay to the Licensor promptly as and when due, without demand, deduction, set-off, or counterclaim, all sums due and payable by the Licensee to the Licensor under the Agreed Terms. The Licensee must not exercise any right or claim to withhold the Event Fee or any right or claim to legal or equitable set-off.
or logos and the Licensee acknowledges that all intellectual property and proprietary rights in the Licensor’s name trademark(s) and logos are, and shall remain, vested solely in the Licensor.
4.3
Nothing in this Clause 4 shall prevent the Licensor from having the right to name or to change the name of the Centre at any time, or granting the right to use the Licensor’s name, trademark(s) or logos to any person.
4.4
At the date of the termination of the Licence Agreement or immediately after the Event Last Date (whichever is earlier), the Licensee must immediately take steps to cease any use of the Licensor’s name, trademark(s) or logos.
5.
Public Ticketed Events
5.1
For any ticketed Event, the Licensee shall:
(a)
hire the Licensor’s appointed ticketing system and if so required by the Licensor, such personnel designated by the Licensor to operate the ticketing system; and
(b)
the Licensee shall not engage other means for tickets selling and distribution without the prior written consent of the Licensor.
6.
Souvenir, Novelty And Concession Items
6.1
The Licensee shall first obtain the written consent of the Licensor and/or all required governmental department’s or authority’s approval prior to any sale of exhibits, souvenir, novelty and concession items and it shall be the Licensee’s sole responsibility to obtain such necessary approval or consent.
7.
Broadcast And Recording Rights
7.1
The broadcasting, telecasting, videotaping, recording or transcription activity, whether visual or audio, for the purpose of commercial gain or profit is subject to the prior approval of the Licensor. The Licensor reserves the right to charge such fees as it deems fit and impose any other condition on the same from time to time.
8.
Crowd Management Emergency Procedures
8.1
The Licensee shall at its own cost and expense observe and comply with the Centre’s prevailing crowd management procedures, emergency procedures and evacuation plans in force from time to time and shall be responsible for making and providing its own security arrangements.
9.
Insurance
9.1
For the purpose of the Event, the Licensee shall at its own cost and expense maintain and/or cause to be maintained insurance policy(ies) with an insurance company duly licensed in Singapore or an international insurance company acceptable to the Licensor and the policy(ies) must provide for:
(a)
damage to or loss of property;
(b)
comprehensive general public liability in the sum of not
And
Name/Logo Control During the continuance of the Licence Agreement, the Licensor shall permit the Licensee to use the Licensor’s name, trademark(s) or logos, in the version officially approved by the Licensor, in any of the Licensee’s publications promoting or otherwise describing the Event. Except as provided in Clause 4.1, the Licensee shall have no right to use the Licensor’s name, trademark(s)
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LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS less than S$1,000,000.00 for each and every claim, providing coverage against claims for bodily injury, death, property damage or loss occurring in or upon or resulting from the organisation or holding of the Event, or arising out of the provision of any service by the Licensor and such other insurances that the Licensor may in its sole and absolute discretion require; and
(c)
nominate the Licensor as an insured.
9.2
The policy(ies) must include:
(a)
a provision for waiver of subrogation against the Licensor;
(b)
a provision that the liability of the insurer to pay under such policy must not be affected by the act, default, omission or negligence of any party to such policy;
(c)
the legal liability of the Licensee for loss or damage to the Licence Area (including all fixtures and fittings in it), by the deletion from the policy of the relevant exclusion relating to the property in the care, custody or control of the Licensee or any employee of the Licensee; and
(d)
9.3
a cross liability provision so that each of the Licensor and the Licensee shall be considered a separate and distinct person and all references to “insured persons” (or such similar term) under the policy shall be considered as applying to each of the Licensor and the Licensee in the same manner as if a separate policy had been issued to each of them. The Licensee must give the Licensor satisfactory documentary evidence of the policy(ies) and the receipt for the premium paid in respect of the policy(ies) at any time immediately on demand.
10. Repair 10.1
keep the Licence Area clean and tidy;
(b)
keep the Licence Area, including all fixtures and fittings in it and the drains, sewers, conduits, flues, risers, gutters, gullies, channels, ducts, shafts, watercourses, pipes, cables, wires and mains (“Conducting Media”) in and serving the Licence Area, in good and tenantable repair and condition (except for fair wear and tear); and
immediately make good, to the satisfaction of the Licensor, any damage caused to the Licence Area (including the Licensor’s fixtures and fittings in it) or any other part of the Centre by the Licensee, its employees, agents, independent contractors or any person on the Licence Area for any period expressly or by implication with the Licensee’s authority (“Permitted Occupier”).
approval of the relevant authorities must be applied for and obtained by the Licensee at its own cost and expense.
11.5
Licensee must carry out and complete all alterations and additions to the Licence Area:
(a)
in accordance with the plans and specifications approved by the Licensor, (if appointed) the Licensor’s consultants and the relevant authorities;
(b)
in a good and workmanlike manner; and
(c)
in compliance with any present or future requirement of statute (including subsidiary legislation) or common law and all requirements of the relevant authority(ies) in force at the moment.
12. Licensor’s right to deal with the
Centre 12.1
make any alterations or additions to or affecting the structure of the Licence Area; or
(b)
carry out works involving the hacking of the floors or the structural columns and beams of the Licence Area,
unless such works are approved in writing by the Licensor, which approval may be withheld at its sole and absolute discretion.
11.2
Any approved alterations and additions must be carried out by the Licensee at its own cost and expense.
The Licensee must not:
(a)
enforce or interfere with any agreement between the Licensor and others relating to other parts of the Centre let or licensed by the Licensor to others;
(b)
limit or affect the right of the Licensor to (1) deal with other premises in the Centre and (2) impose and vary the terms and conditions in respect of such dealing in any manner which the Licensor thinks is appropriate; or
(c)
impede in any way the Licensor or its officers, servants or agents in the exercise of the Licensor's rights of possession and control of the Centre and every part thereof.
12.2
If the Licensor wishes to (1) redevelop, renovate, retrofit, refurbish or alter the whole or part of the Centre or the whole or part of the Licence Area or (2) change the use of the whole or part of the Centre or the whole or part of the Licence Area, the Licensor may at its sole and absolute discretion, either (a) revoke or terminate the Licence Agreement upon giving the requisite written notice pursuant to Clause 19.1 and Clauses 22.3, 22.5 and 22.6 shall (to the extent applicable) apply mutatis mutandis with respect to such termination or (b) carry out the relevant works during the Event so long as proper means of access to and from the Licence Area are given (even if such may be temporarily restricted) and essential services are maintained at all times.
The Licensee must not:
(a)
All alterations and additions must only be done by a contractor nominated and appointed by the Licensee and approved by the Licensor.
11.6 The
11. Alterations 11.1
The Licensee must give plans and specifications for the proposed alterations or additions to the Licensor for approval before the Licensee gives them to the relevant authorities for their approval. The Licensor is entitled to appoint consultants to advise on the plans and specifications. If consultants are appointed, the Licensee must pay to the Licensor immediately on demand, the fees charged by the Licensor’s consultants for advising on the plans and specifications.
11.4 The
The Licensee must:
(a)
(c)
11.3
13. Licensee's Warranties 13.1 Without
prejudice to any other provisions in the Agreed Terms, the Licensee warrants to and for the benefit of the Licensor that:
(a)
it has the power to enter into, exercise its rights under
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LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS and perform and comply with its obligations under the Agreed Terms; (b)
it has the power and authority to hold the proposed Event and carry out the activities which are proposed to be carried out at the Event;
(c)
all action, conditions, consents and things required to be taken, fulfilled and done in order: (i) to enable it lawfully to enter into, exercise its rights under and perform and comply with its obligations under the Agreed Terms; (ii) to ensure that those obligations are legally binding and enforceable; and (iii) to make the Agreed Terms admissible in evidence in the courts of Singapore,
(including third party claims), demands, damages, expenses, compensation, costs (including legal costs on a solicitor and client basis), charges, liabilities, proceedings and other adverse consequences which the Licensor or its employees may suffer or incur arising out of or in connection thereto; (c)
to maintain at the Licence Area an attractive display in keeping with the standards maintained elsewhere in the Centre;
(d)
to carry out or cause to be carried out all setting-up works in a good workmanlike manner and to replace, rectify, remedy and make good to the satisfaction of the Licensor any damage caused to the Licence Area and the Centre arising out of such setting-up works and comply with its obligations under Clause 20 in relation to any dismantling works;
(e)
to ensure that all its appointed contractors or subcontractors, employees and/or personnel are professionally trained or certified and shall be subject to the approval of the Licensor for any works to be carried out on the Licence Area and the Centre;
(f)
not to use the Licence Area and the Common Areas in such a way as to cause any nuisance, damage, disturbance, annoyance, inconvenience or interference to the Licensor or its other tenants, licensees, users or occupiers of the Centre or to the owners, tenants, licensees, users or occupiers of any adjoining and neighbouring Units and/or properties;
(g)
not to do any act, matter or thing which would or might constitute a breach of any statutory requirement affecting the Centre or which would or might vitiate in whole or in part any insurance effected by the Licensor from time to time or which would or might increase the premium on such insurance;
have been taken, fulfilled and done; (d)
all necessary consents, including (but not limited to) consents from the relevant authorities, franchise owners, trademark and copyright proprietors have been obtained and are valid to enable it to hold the proposed Event;
(e)
no music, literary or artistic work or other property protected by copyright will be performed, reproduced or used, nor will the name of any entity protected by trademark be reproduced or used during the Event unless the Licensee has obtained prior written permission from copyright owner(s) or trademark holder(s);
(f)
it shall comply strictly with all laws and regulations regarding intellectual property rights;
(g)
it shall not infringe on any statutory law, common law, by-law, governmental guidelines, policies and regulations or other rights of any person during its use of the Centre and/or, the Licence Area;
(h)
no litigation or administrative proceedings are threatened or pending (whether or not against it) which would prevent it from holding the proposed Event;
not to collect, attempt to collect or make announcements with a view to collecting donations and offerings in the Centre, whether for charity or otherwise, without prior written approval of the Licensor;
(i)
to comply with all applicable requirements and regulations, obtain all necessary permits, licences, grants and approvals, give all notices, give all undertakings and guarantees, pay all fees, charges, taxes (including all Goods and Services Taxes payable in connection with the Agreed Terms) and duties, and bear all costs whatsoever in connection with the Licensee's use of the Licence Area and/or the Centre;
(j)
to permit the Licensor's authorised officers, servants and agents to enter the Licence Area for any purpose and at any time;
(k)
not to allow or cause any livestock or animals whatsoever to be brought into the Centre unless they are for a purpose previously approved by the Licensor for or in connection with the Event;
(l)
to strictly observe and ensure that all persons, including but not limited to the Licensee’s agents, clients, contractors, customers and patrons, while in the Licence Area strictly observe all the non-smoking signs put up by the Centre in the Licence Area;
(m)
to ensure that no advertising and sales of any kind whatsoever shall be made or conducted within the Centre and the surrounding premises unless prior written approval has been granted by the Licensor;
(n)
to observe and comply with such written directions and instructions that the Licensor may from time to time issue to the Licensee governing the grant of the Licence, the Event and/or the use of the Licence Area and the Centre; and
(h)
(i)
it has fully disclosed to the Licensor all material information regarding the Event which is necessary in order to enable the Licensor to grant the Licence and permit it to hold the Event at the Licence Area during the Licence Period in respect of the Licence Area; and
(j)
each of the above warranties will be correct and complied with in all respects from the date of the Licence Agreement until the termination of the Licence Agreement or the Event Last Date (whichever is later) as if repeated then by reference to the then existing circumstances.
14.
Licensee's Undertakings
14.1
Without prejudice to any other provisions in the Agreed Terms, the Licensee agrees and undertakes:
(a)
to pay to the Licensor the Event Fee in full in accordance with the Payment Schedule;
(b)
to hold the Event, as approved by the Licensor, during the Show Day Period (as defined in the Rules and Regulations) PROVIDED that such approval shall not relieve the Licensee from obtaining from such other relevant owners or persons or parties or authorities (whether under law or in contract) such licences, consents and/or approvals as may be necessary or applicable for the Event undertaken by the Licensee and to indemnify and hold the Licensor and its employees harmless from and against any and all actions, claims
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LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS (o)
to observe and comply strictly with the Rules and Regulations of the Centre.
17. Cancellation of Event by Licensee 17.1 In
the event the Licensor permits the Licensee to cancel the Event for whatever reason, the Licensee shall pay to the Licensor the agreed and liquidated damages as set out in Clause 17.2. For the purpose of the Agreed Terms, any postponement of the Event is deemed as cancellation and the charges set out in Clause 17.2 shall be equally applicable.
15. MC Rules 15.1 The
Management Corporation may at any time make and vary the rules (including changes to the rules) relating to the safety, conduct and management of the entire Suntec development (including but without limitation, the Centre) (the “MC Rules”).
17.2 Cancellation Charges If the Event is cancelled by the Licensee pursuant to Clause 17.1, the Licensee shall pay to the Licensor the agreed and liquidated damages for such cancellation at the following rates:
15.2 In
addition to the Agree Terms, the Licensee must comply with the MC Rules and ensure that its employees, agents, independent contractors and Permitted Occupiers comply with the MC Rules.
15.3
15.4
The Licensor is not liable to the Licensee for violation of the MC Rules by any person (including other Licensees or occupiers of the Centre) or the employees, agents, independent contractors, invitees or licensees of such person. The provisions of this Clause 15 are only applicable insofar as this Clause 15 is expressly stated to be so in the Licence Agreement.
(a)
more than 12 months prior to the Event First Date, a sum equivalent to 15% of the Event Fee;
(b)
more than 8 months up to 12 months prior to the Event First Date, a sum of equivalent to 30% of the Event Fee;
(c)
more than 4 months up to 8 months prior to the Event First Date, a sum equivalent to 60% of the Event Fee;
(d)
more than 2 months up to 4 months prior to the Event First Date, a sum equivalent to 80% of the Event Fee; and
(e)
2 months or less prior to the Event First Date, a sum equivalent to 100% of the Event Fee.
17.3
In the case of permitted postponement of the Event by Licensee of at least 12 months prior to the Event First Date, the Licensor shall use its reasonable endeavour in good faith to accomplish re-licence of the Licence Area resulting from the postponement of the Event. In the event that such Licence Area cannot be recovered through re-licence, the above cancellation charges shall apply.
16. Indemnity 16.1 The
Licensee occupies and/or uses the Licence Area and Centre at its own risk. The Licensee shall fully indemnify and hold harmless the Licensor, its employees, contractors, sub-contractors, independent contractors, agents and each of them from and against any and all actions, claims (including third party claims), demands, damages, losses, expenses, compensation, costs (including legal costs on a solicitor and client basis), charges, liabilities, proceedings, judgements and other adverse consequences which they or any of them may suffer or incur arising out of or in connection with:
17.4 The
(a)
(b)
(c)
any breach or non-compliance on the part of the Licensee, its employees, contractors, sub-contractors, independent contractors, agents and Permitted Occupiers or any exhibitor, delegate, guest, invitee or other sub-licensee and their employees, contractors, sub-contractors, independent contractors or agents or any of them of the Agreed Terms or any relevant legislation and regulations or any infringement of any third party’s copyright or other intellectual property rights; any death or injury to person or loss or damage to property occasioned to any party at the Licence Area or otherwise or where such death, injury, loss or damage is attributable to any act or omission or negligence of the Licensee, its employees, contractors, sub-contractors, independent contractors, agents or Permitted Occupiers or any exhibitor, delegate, guest, invitee or other sublicensee and their employees, contractors, subcontractors, independent contractors or agents; and any occurrences in the Licence Area or the use or occupation of the Licence Area by the Licensee or by any of the Licensee’s employees, contractors, subcontractors, independent contractors, agents, or Permitted Occupiers or any exhibitor, delegate, guest, invitee or other sub-licensee and their employees, contractors, sub-contractors, independent contractors or agents;
payment under Clause 17.2 shall be a debt due from the Licensee. The Licensee agrees that the Licensor may without prejudice to any other remedies at law deduct same from the Security Deposit (if applicable) and/or from the Event Fee instalments or any monies held by the Licensor.
18. Revocation/Termination of
Licence by Licensor With Cause
18.1
The Licensor may by written notice to the Licensee revoke the Licence and terminate the Licence Agreement forthwith at any time upon the occurrence of the following:
(a)
if there is any default by the Licensee in paying the Event Fee in accordance with the Payment Schedule or any other moneys agreed to be paid under the Agreed Terms;
(b)
if the Licensee shall be in default of any of the terms and conditions of the Agreed Terms or in default of any of the undertakings or warranties given or agreed to by the Licensee under the provisions of the Agreed Terms or (if any such default is capable of remedy) such default is not remedied within seven (7) days after notice thereof has been given to the Licensee;
(c)
if the Licensee, being a company, corporation or incorporated entity having a separate legal personality is wound-up or a petition for the winding-up or for the appointment of a judicial manager has been presented
Page 6
LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS against it, or, being an individual or unincorporated entity is adjudicated a bankrupt or a petition for its bankruptcy has been presented against it; (d)
if a distress, attachment, execution or other legal process is levied, enforced or sued out on or against the assets of the Licensee;
(e)
if it is or will become unlawful for either the Licensor or the Licensee to comply with any of its obligations under the Agreed Terms by reason of any applicable law in force for the time being or by reason of any written direction issued by any relevant authority;
(f)
if any of the Agreed Terms ceases for any reason to be the legal valid obligation of the Licensee;
(g)
if the Event as proposed by the Licensee and approved by the Licensor is not held or is not held in accordance with the programme approved by the Licensor;
(h)
if the Licensee shall alter the Event, its programme or purpose without the prior written consent of the Licensor;
(i)
if the Licensor shall become aware of circumstances (as a result of any act or omission by the Licensee) under which the holding of the Event could, in the sole and absolute opinion of the Licensor, jeopardize public health, safety or order, or carry the risk of personal injury or damage to property or result in security risk or breach of any governmental or court directive or order; or
(j)
if any event occurs or circumstances arise which, in the sole and absolute opinion of the Licensor give(s) reasonable grounds for believing that the Licensee may not (or may be unable to) perform with any of its obligations under the Agreed Terms.
18.2
18.3
At any time after giving the written notice of revocation of the Licence, the Licensor shall, without prejudice to any of its other rights arising out of the Agreed Terms or in law, be entitled to barricade, seal off or otherwise deny access to the Licence Area by the Licensee. Any belongings to be removed by the Licensee or any dismantling works to be carried out by the Licensee shall be carried out within twenty-four (24) hours of the receipt by the Licensee of the Licensor's written notice of revocation of the Licence. At the expiration of the said twenty-four (24) hours, any belongings left unattended in the Licence Area or any fitting-out works not dismantled shall be dealt with by the Licensor as the Licensor deems fit without being answerable to the Licensee or any other person for any loss or damage whatsoever.
If the Licence hereby granted is revoked pursuant to Clause 18.1, the Licence Agreement shall be deemed to be terminated at the same time as the Licensor issues the written notice of revocation. Without prejudice to any other rights and remedies which are available to the Licensor, the Licensor shall be entitled to forfeit in entirety the Event Fee (or any part thereof) paid to the Licensor and the Security Deposit (if applicable), and the Licensee agrees that it shall have no claim against the Licensor arising out of such forfeiture whether under the Agreed Terms or at law.
18.4 Notwithstanding
the termination of this Licence Agreement pursuant to Clause 18.1, the Licensee shall be liable to pay to the Licensor upon demand all fees (on a pro-rated basis, if applicable) comprising the Service Fees in respect of all Services provided to the Licensee, and/or Rental Equipment Fees for any use of equipment by the Licensee, up to and including the date of such termination of this Licence Agreement.
19. Revocation/Termination of Licence
by Licensor Without Cause
19.1 If
the Licensor wishes to demolish, redevelop or refurbish the Centre or any part affecting the Licence Area(s) (or any part thereof), the Licensor shall be entitled, at any time to revoke the Licence and terminate the Licence Agreement, without compensation and/or payment of damages for any loss (including indirect or consequential damages), by giving to the Licensee prior notice of at least six (6) months before the Event Start Date. The Licence Agreement will end on the expiry of the notice without affecting the rights of the Licensor against the Licensee for any previous default by the Licensee of the provisions of the Agreed Terms.
19.2
If the Licensor shall become aware of circumstances (other than as a result of any act or omission by the Licensee) under which the holding of the Event could, in the sole and absolute opinion of the Licensor, jeopardize public health, safety or order, or carry the risk of personal injury or damage to property or result in security risk or breach of any governmental or court directive or order, or if the Licensor is required by any governmental agency to cancel the Event due to any of the aforesaid reasons or otherwise, the Licensor shall be entitled, at any time to immediately revoke the Licence and terminate the Licence Agreement, without compensation and/or payment of damages for any loss (including indirect or consequential damages), by giving to the Licensee written notice. The Licence Agreement will end upon the notice being issued, without affecting the rights of the Licensor against the Licensee for any previous default by the Licensee of the provisions of the Agreed Terms.
19.3 Upon
the termination of the Licence Agreement in accordance with Clause 19.1 or 19.2, Clauses 22.3, 22.5 and 22.6 shall (to the extent applicable) apply mutatis mutandis with respect to such termination.
20. Dismantling Works 20.1 Immediately
after the Show Day Period (as defined in Rules and Regulations) or upon any termination of Licence Agreement or cancellation of the Event, Licensee shall carry out or cause to be carried out dismantling of the setting-up works in accordance with Rules and Regulations.
the the the the the
20.2 The Licensee shall reinstate the Licence Area to its original
state and condition as at the 1st day of the Licence Period in respect of such Licence Area (except for fair wear and tear), repair and clean such Licence
Area (including the Licensor’s installations in it) in accordance with the Licensee’s obligations under the Agreed Terms, to the satisfaction of the Licensor.
20.3 If
the Licensee fails or otherwise neglects to complete the dismantling works upon termination of the Licence Agreement or cancellation of the Event or on or at the expiry of the Licence Period in respect of the Licence Area, the Licensor shall at any time thereafter be entitled to do any or all of the following:
(a)
enter upon such Licence Area at the Licensee's risk and expense and remove or cause to be removed all the Licensee's properties and belongings and store, sell or otherwise dispose of such properties and belongings in such manner as the Licensor deems fit;
(b)
enter upon such Licence Area and undertake the cleaning thereof and all charges incurred thereby shall be borne by the Licensee; and
Page 7
LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS (c)
do all other things necessary to restore such Licence Area to its original good order and condition and the Licensee shall be charged an occupation fee at the rate for the time being in force for the time taken to complete the dismantling works.
20.4 In
the exercise of the Licensor's rights under Clause 20.3, the Licensee shall have no claim whatsoever against the Licensor and shall indemnify the Licensor from and against any claims whatsoever and howsoever arising that may be brought against the Licensor by any party.
Provided Always that if any of the above events referred to in (a), (b), (c), (d) and (f) occurs anywhere else other than in Singapore, such event shall only be termed or deemed as Event of Force Majeure if the party seeking to terminate or suspend the Licence due to such event produces such documentary evidence satisfactory to the other party as to such event preventing at least 80% of the attendees/guests/exhibitors/delegates (excluding the Licensee’s staff) from attending the Event as originally planned.
22.3
21. Final Settlement (a)
where the Licence is terminated or suspended during the Licence Period in respect of the Licence Area, the Licence Fee paid in respect of such Licence Period shall be reduced (and such reduction refunded, free of interest, to the Licensee) by such proportion as the period of revocation or suspension bears to such Licence Period;
(b)
where the Licence is terminated or suspended prior to the commencement of the Licence Period in respect of the Licence Area, the Licence Fee (or such part thereof that has been paid) shall be refunded in full, free of interest, to the Licensee; and
(c)
any refund of the Licence Fee shall be made, free of interest, within thirty (30) days after the notice of termination or suspension is issued and shall be without prejudice to any right (whether arising out of the Agreed Terms or at law) that have accrued to the Licensor prior to the termination or suspension of the Licence.
21.1 Subject
to the nature of the Event held, the Licensor shall, within fourteen (14) days after the date of the termination of the Licence Agreement or after the Event Last Date, whichever is later, provide the Licensee with a consolidated statement of account showing the amount owing by or to (as the case may be) the Licensee in respect of the Event held.
21.2 Any
payment to be made by the Licensor or the Licensee, as the case may be, shall be made in full (i) by the Licensee in accordance with the Payment Schedule and (ii) in the case of the Licensor, on such date falling seven (7) days after the date on which the consolidated statement of account referred to in Clause 21.1 is provided by the Licensor and the provision of Clause 3.3 shall apply for any late payment by the Licensee to the Licensor.
22. Force Majeure 22.1
If either party is or reasonably expects that it will be prevented or otherwise hindered from fulfilling any of its obligations under the Agreed Terms due to Event of Force Majeure, it shall, at any time thereafter, be entitled to terminate or suspend the Licence hereby granted.
22.2 In
Clause 22.1 above, the term "Event of Force Majeure" means:
(a)
an act of God, including but not limited to fire, flood, earthquake, windstorm or other natural disaster or epidemic of infectious disease;
(b)
any material destruction of or material damage to the Licence Area(s) (or any part thereof), the Centre or the entire Suntec development;
(c)
an act of any sovereign government, including, but not limited to, war, invasion, act of foreign hostilities (whether war be declared or not), civil unrest, rebellion, revolution, insurrection, military or usurped power, or confiscation, nationalisation, acts of terrorism, compulsory acquisition, destruction, damage to property by or under the order of any government or semi-government or public or local authority, or imposition of government sanction, embargo or similar action;
(d)
any law, judgement, order, decree, embargo or blockade relating to labour dispute, including, but not limited to, strike, lockout or boycott;
(e)
any compulsory acquisition or order or notice of intended compulsory acquisition by the government or other competent authority, or any order or notice for drain or road reserves, in respect of the Centre or any part thereof; or
(f)
any other matter or cause beyond the control of the Licensor.
If the Licence is terminated or suspended pursuant to Clause 22, the following shall apply:
22.4
Notwithstanding anything hereinbefore contained, the Licensor shall not be liable to refund any Licence Fee, or the Security Deposit (if applicable) to the Licensee if the Event of Force Majeure relied upon, by the party seeking to terminate or suspend the Licence, is caused or otherwise arises out of any action or inaction of the Licensee.
22.5
Subject to Clause 22.3, the Licensor shall be under no liability to the Licensee or any other persons for any loss which they (or any of them) may sustain as a result of any Event of Force Majeure, or in consequence of any termination or suspension of the Licence, and upon the refund of any Licence Fee, free of interest, pursuant to Clause 22.3 being made, the Licensee shall thereafter cease to have any rights to any claim against the Licensor whether arising out of the Agreed Terms or otherwise.
22.6 In
the event of a termination of the Licence pursuant to Clause 22 and if the Licensee has fully paid the Service Fees, the Media Fees and the Rental Equipment Fees, a reasonable portion of such fees (on a pro-rated basis) reflecting the period during which the Licensee ceases the use of the Services, the Media and/or any equipment after the date of such termination, shall be refunded (free of interest) to the Licensee, provided always that the Licensee shall remain liable for all fees (on a pro-rated basis) comprising the Service Fees in respect of all Services provided to the Licensee, the Media Fees for all Media made available to the Licensee, and/or Rental Equipment Fees for any use of equipment by the Licensee, up to and including the date of such termination, and provided further that the Licensor shall not be liable to refund any Service Fees, Media Fees and/or Rental Equipment Fees to the Licensee if the Event of Force Majeure relied upon, by the party seeking to terminate or suspend the Licence, is caused or otherwise arises out of any action or inaction of the Licensee.
Page 8
LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS 23. Exclusion Of Licensor’s Liability
management control or majority shareholders of the Licensee will be treated as an assignment and/or transfer referred to in Clause 25.2 and shall be subject to the Licensor’s written approval, which the Licensor may in its sole and absolute discretion decline to give.
23.1 The
Licensor shall not be liable to the Licensee or to its employees, independent contractors, agents or Permitted Occupier nor to any other person for loss of life or injury to person or loss or damage to property or goods whether occasioned at the Licence Area or otherwise, except insofar that such loss of life or injury to person is caused by the negligence or wilful act of the Licensor or its employees or loss or damage to property is caused by the gross negligence or wilful act of the Licensor or its employees.
23.2
Save as aforesaid, the Licensor and its officers, servants, employees or agents shall not be liable to the Licensee for any reason whatever, including but not limited to any delay in supplying, any failure to furnish, or for any limitation, curtailment, rationing, restriction or interruption of service of any water, gas, electricity, telephone, cold air serving the Licence Area or the Centre or for interruption of use of any equipment in connection with the supplying of any of the aforesaid services, howsoever caused, save and except, when it is caused by the wilful action or omission, or gross negligence, of the Licensor, its officers, servants, employees or agents.
25.4 Licensor may Assign/Novate
(a)
The Licensor is entitled to transfer (whether by an assignment or novation) its rights and obligations under the Agreed Terms.
(b)
The Licensee agrees that the Licensor may, at any time, assign or transfer all (or any part) of its rights or obligations under the Agreed Terms to any person without the need to obtain the Licensee's prior written consent. The Licensee further agrees to treat any such assignee or transferee as the licensor for the purposes of the Agreed Terms who shall be entitled to the full benefit of the Agreed Terms to the same extent as if it were an original party in respect of the rights or obligations assigned or transferred to it. Without prejudice to the generality of the aforesaid and upon such assignment or novation by the Licensor, the Licensee must release the Licensor from all its obligations in the Agreed Terms, particularly, the
Licensor’s obligation to refund the Security Deposit (if applicable) and other sums under the Agreed Terms.
23.3 In
no event will the Licensor be liable under the Agreed Terms (whether for breach or otherwise) for any indirect or consequential damages such as but not limited to loss of business, loss of profits, even if the Licensor has been advised of the possibility of such damage, loss or claim, arising out of or in connection with the Agreed Terms whether in contract, tort (including negligence), misrepresentation, and breach of statutory duty or otherwise and howsoever arising.
23.4 Maximum Liability So far as permitted by law, the aggregate liability of the Licensor in respect of all breaches under the Agreed Terms and/or all claims by the Licensee in respect of the Agreed Terms shall not exceed an amount equal to the Event Fee.
25.5 The
Licensee shall at the request from time to time of the Licensor enter into a Novation Agreement in such form as the Licensor shall reasonably require whereby all of the Licensor's rights and obligations under the Agreed Terms shall be taken over by another party nominated by the Licensor.
26. Media The provisions in this Clause 26 shall apply to the display of any media advertisement and/or the use of any media space (static or otherwise), if any, at the Centre in connection with the Event: 26.1
The Licensee shall only be permitted to display its media advertisement for the promotion of the Event at such parts of the Centre and for such duration as may
24. No Legal Estate
be approved by the Licensor. The Licensee shall, at its own expense, deliver to the Licensor all advertising
24.1 Nothing
in the Agreed Terms shall operate to convey or confer or be construed to convey or confer on the Licensee or any person any estate or interest, whether legal or equitable, in the Centre or any part thereof in any way whatsoever.
materials at least ten (10) working days before the scheduled commencement date as the Licensor may state for the display of such advertising materials. All such advertising materials are deemed to be held by the Licensor at the Licensee’s risk and shall be insured
24.2 The
by the Licensee against loss or damage. Advertising
Licensee, as a separate and independent obligation, undertakes to the Licensor that it will vacate the Licence Area latest at the expiry of the Licence Hours on the last day of the Licence Period in respect of such Licence Area.
materials which are surplus to requirements or which have been removed from display shall be collected by the Licensee within thirty (30) days from the last date of display, failing which the Licensor shall have the absolute right to destroy and/or dispose of such
25. Assignment And Novation
advertising materials without further notice to the Licensee.
25.1 The
Agreed Terms shall benefit and be binding on the parties, their respective successors and any permitted assignee or transferee of some or all of a party's rights or obligations under the Agreed Terms.
25.2 The
Licensee may not assign or transfer all or part of its rights, benefits or obligations under the Agreed Terms except with prior written approval of the Licensor which the Licensor may in its sole and absolute discretion decline to give.
25.3 Where the Licensee is a company, any change in the
26.2
The Licensor reserves the sole, absolute and continuing right to reject, refuse the setting up of any display and/or discontinue displaying advertising material, without any responsibility or liability on the part of the Licensor, which, inter alia, (i) do not conform or comply with the Licensor’s specification requirements (ii) are considered by the Licensor in its sole and absolute opinion to be objectionable, unsuitable, inappropriate or likely to give rise to any offence for any reason (iii) in the Licensor’s sole and absolute opinion, may lead to a conflict of interest
Page 9
LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS between the Licensee and the organizers of events held or to be held in the Centre. 26.3
The Licensee acknowledges and agrees that the Licensor shall have the absolute right to shut down any display during any maintenance, cleaning and repair works without the Centre incurring any liability whatsoever.
26.4
The Licensee represents and warrants to the Licensor that: (a)
(b)
the contents and/or materials of any advertisement do not infringe any moral or intellectual property rights of any other party;
(d)
it is authorised and have obtained all necessary clearances, permissions, approvals rights and licenses necessary for its delivery of all advertising materials; all advertising materials comply with all applicable privacy laws and codes, laws, rules and regulations relating to advertising content and any industry codes or rules by which the Licensee may be bound; and all advertising materials are accurate and are not misleading and all claims contained therein have been substantiated.
(f)
26.5
27.2 The
Licensor will not be treated as waiving its right to proceed against the Licensee in respect of any default by the Licensee of its obligations in the Agreed Terms, if the Licensor accepts the Event Fee or any other sum payable by the Licensee in the Agreed Terms.
27.3
the contents and/or materials of any advertisement are original except for material in the public domain and such excerpts from other advertisements as may be included with the written permission of the copyright owners; the contents and/or materials of any advertisement do not contain any libelous, injurious, obscene or offensive material;
(c)
(e)
remedies provided to the Licensor under the Agreed Terms are cumulative and not exclusive of any rights and remedies provided in law.
The Licensee shall fully indemnify and hold harmless the Licensor, its employees, contractors, subcontractors, independent contractors, agents and each of them from and against any and all actions, claims (including third party claims), demands, damages, losses, expenses, compensation, costs (including legal costs on a solicitor and client basis), charges, liabilities, proceedings, judgements and other adverse consequences which they or any of them may suffer or incur arising out of or in connection with: (a) the Licensee’s breach, negligence or omission including but not limited to claims for losses, damages, defamation, infringement of intellectual property rights, death, bodily injury, property damage or otherwise; (b) any infringement of copyright, trademark, patent, or other rights whatsoever arising out of or in connection with the screening/display of the Licensee’s advertisement; and/or (c) the dramatic, literary and artistic work and music and/or performers’ services used in any advertisement.
The Agreed Terms constitute the entire agreement between the parties and supersede all other agreements. The provisions of the Agreed Terms may be amended, supplemented or varied only if the Licensor and the Licensee so agree in writing. Any waiver or consent given by the Licensor under the Agreed Terms must be in writing and may be given subject to any conditions thought fit by the Licensor. Any waiver or consent shall be effective only in the instance and for the purpose for which it is given.
28. Exercise of Licensor's Rights or
Remedies
28.1 Any
right or remedy conferred on the Licensor by the Agreed Terms may be exercised by the Chief Executive Officer for the time being of the Licensor or its successor(s)-in-title and permitted assigns or by any person authorised by the Chief Executive Officer.
29. Gebiz Events Strictly in respect of any Event which is a Gebiz Event, to the extent that the Agreed Terms are in conflict with the contractual terms and conditions entered into by the Licensor with respect to such Gebiz Event, the contractual terms and conditions of such Gebiz Event shall prevail.
30. Communication 30.1 Each
communication under the Agreed Terms shall be made in writing and may be sent by mail, telex, electronic mail, facsimile transmission or delivered by hand. Each communication or document shall be marked for the attention of the person (if any) from time to time designated by that party for the purpose of sending and receiving communication under the Agreed Terms.
30.2
Any communication to any party shall be deemed to have been received by the addressee,
(a)
if delivered by hand, at the time of such delivery;
(b)
if sent by mail, two (2) working days following posting if posted to a local address;
(c)
five (5) working days following posting if posted to a foreign address; or
27. Remedies, Waivers, Amendments
(d)
if sent by facsimile transmission, when the sender’s facsimile system generates a message confirming successful transmission of the communication.
27.1 No
31. Partial Invalidity
26.6
The Licensee acknowledges and agrees that all media advertisement, and the use of any media space (static or otherwise) and/or any services in connection thereof provided by the Licensor, are on an “as is” basis and “as available” basis and the Licensee also agrees that its use of the same is at its sole risk.
And Consents
failure on the part of the Licensor to exercise, and no delay on its part in exercising, any right or remedy under the Agreed Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Mere knowledge or consent by conduct (expressed or implied) of the Licensor of any default by the Licensee will not be implied or treated as a waiver. The rights and
31.1
The illegality, invalidity or unenforceability of any provision of the Agreed Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other
Page 10
LICENCE AGREEMENT STANDARD TERMS AND CONDITIONS provision in the Agreed Terms.
32. Governing Law 32.1
The Agreed Terms shall be governed by, and construed in accordance with, the laws of Singapore.
33. Rights Of Third Party 33.1 A person who
is not a party to the Licence Agreement has no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce any term of the Agreed Terms.
34. Dispute Resolution 34.1 Subject
to Clause 34.3, any dispute arising out of or in connection with the Agreed Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force which rules are deemed to be incorporated by reference into this Clause 34.1.
34.2 Notwithstanding
anything contained in the SIAC Rules, it is hereby agreed that any such dispute shall be referred to a sole arbitrator appointed by the President for the time being of the Singapore International Arbitration Centre.
34.3 The
Licensor reserves the right to bring legal proceedings in any court of competent jurisdiction in relation to any dispute arising out of the Agreed Terms, the Event or any matter or thing connected therewith.
35. Residual Matters 35.1 Any
matters not expressly covered by the Agreed Terms or by applicable policy, rules and regulations adopted by the Centre shall be determined by the Licensor in its sole discretion.
Page 11
RULES AND REGULATIONS 1.4
1.
GENERAL INFORMATION - SUNTEC SINGAPORE
1.1
REFERENCE TO STANDARD TERMS & CONDITIONS
The Experience Management Team in Suntec Singapore consists of Experience Managers who have a wealth of experience in all operational aspects of the meetings, conventions, exhibitions and special events. The Experience Manager will be your main contact point for all matters pertaining to your event’s needs and requirements. Their role is to provide guidance and support in the planning and delivery of your event to ensure its success. When you book your event, you will be allocated a dedicated Experience Manager who will oversee its planning and delivery.
All events held at SUNTEC SINGAPORE INTERNATIONAL CONVENTION & EXHIBITION CENTRE are subject to the Centre’s Standard Terms & Conditions.
1.2
DEFINITIONS AND INTERPRETATIONS
(a)
the terms “Centre”, “Event”, “Licence Area”, “Licence Agreement”, “Licence Fee” and “Licence Period” shall bear the respective meanings assigned to those terms in the Terms & Conditions;
(b)
“Booth” means a temporary partitioned area or room erected within the Licence Area;
(c)
“Move-in Period” in respect of a Licence Area means the period designated for “move-in” purposes for such Licence Area and “Move-Out Period” in respect of a Licence Area means the period designated for “move-out” purposes for such Licence Area and “Move-in Periods” and “Move-out Periods” shall be construed accordingly;
2.
2.1
(d)
“Licensee” shall bear the same meaning as in the Licence Agreement which includes always his agents, clients, contractors, employees, representatives, servants and suppliers; and
(e)
“Show Day Period” in respect of a Licence Area means the licence period in respect of such Licence Area which is not designated for “move-in” or “move-out” purposes..
1.3
2.2
Address Suntec Singapore Convention & Exhibition Centre 1 Raffles Boulevard, Suntec City, Singapore 039593 Contact Details General Enquiries: Sales Hotline: Sales Fax:
(65) 6337 2888 (65) 6820 3883 (65) 6825 2222
Email Sales Enquiries: Advertising Space: Feedback:
[email protected] [email protected] [email protected]
O R GANI ZER ’S OFFI C E
CARD ACCESS DOOR SYSTEM The Centre employs card access technology for all door systems within the Centre. Licensee will be issued with door access cards to his Licence Area during the Licence Period. The Licensee must observed and comply strictly with the User’s Guidelines specified by the Centre.
2.3
CHANGING ROOMS The changing rooms are fully equipped with vanity mirrors, lightings and accessible to shower and toilet facilities. The changing rooms are only accessible to Licensee who has been allocated according to the Licence Agreement.
2.4
ELEVATORS AND ESCALATORS
2.4.1
For Passengers Passenger elevators and escalators are strictly for transporting of personnel only and not to be used for the transporting of any freight, equipment or furniture.
2.4.2
For Service Personnel (Contractors / Service Providers) All hand-carried equipment / furniture / exhibit must only be transported into the Licence Area through the service elevators located at Basement One.
2.4.3
For Approved On-site Freight Handling Agents The freight elevators to be used strictly for material handling, and only the Centre’s approved On-site Freight Handling Agents are allowed to operate the elevators. Licensee may appoint any of the Centre’s approved On-site Freight Handling Agents when required. Contact details of approved On-site Freight Handling Agents can be downloaded from the Approved Centre’s Contractors / Service Providers List.
2.5
HANDICAPPED-FRIENDLY AMENITIES
Operating Business Hours 7am – 11pm Daily License No. (UEN) 52955046J
CENTRE’S PREMISE, FACILITIES & AMENITIES
The Organizer’s Office may be rented from the Centre subject to availability. The Organizer’s Office is only accessible to Licensee who has been allocated according to the Licence Agreement.
ABOUT SUNTEC SINGAPORE Situated next to the Central Business District, Suntec Singapore is at the heart of a self-contained, totally integrated events infrastructure, and only 20 minutes from Changi International Airport, where most major Asian capital cities are within a six-hour radius flying time.
EXPERIENCE MANAGEMENT TEAM IN SUNTEC SINGAPORE
The Centre is designed with handicapped-friendly amenities in its elevators, restrooms, information boards and registration counters to accommodate to the needs of the handicapped The following Centre’s information can be downloaded from our official website at www.suntecsingapore.com - Services Offering Catalogs & Order Forms
-
Technical Floor Plans & Specifications Approved Centre’s Contractors / Service Providers Application Forms and Approving Authorities / Agencies Or you can approach any of our friendly Experience Manager for more details.
Page 1
RULES AND REGULATIONS people. Guide dogs are permitted to accompany a handicapped person within the Centre’s premises at his / her responsibility.
2.6
LIGHT & SOUND CONTROL ROOMS The management of the Light & Sound Control Rooms is only limited to the Centre’s Technical Staff. Entry into the Light & Sound Control Rooms is restricted to authorised personnel only.
2.7
LOADING & UNLOADING BAYS / SERVICE VEHICLE LOTS
2.7.1
Loading & Unloading Bays The Centre provides Loading & Unloading Bays for receiving of freight delivers shipments and goods. The Centre will not accept any freight deliveries / shipments or C.O.D. deliveries on behalf of the Licensee or Exhibitors before the Move-in Period. Any goods arriving prior to the Move-in Period will be handled by one of the approved On-site Freight Handling Agent. All crate storage will also be handled by the Centre’s approved On-site Freight Handling Agents. Consignment of all shipments to be delivered to the Centre will be the responsibility of the Licensee or Exhibitors. Goods vehicles after loading & unloading must leave the premises immediately. No parking or loitering is allowed in these areas. Goods vehicles are also not permitted to remain in the Centre after business hours.
2.7.2
During the Move-in Period and Move-out Period relating to a Licence Area, only mechanical ventilation will be provided in respect of such Licence Area. 3.1.2 Air conditioning during Show Day Period All air conditioning during the Show Day Period relating to a Licence Area will have pre-set temperature of 24 degC, +/1 degC in respect of such Licence Area. For preferred temperature settings, please contact your designated Experience Manager. 3.1.3 Additional Air Conditioning When air conditioning is required during the Move-in Period and Move-out Period relating to a Licence Area (e.g. Rehearsals, Pre/post-event Activities), the Licensee shall pay for additional air conditioning usage in accordance with the Centre’s prevailing air conditioning rates.
3.2
The Centre provides a comprehensive range of Audio/Visual & Sound Services together with in-house technical support to meet your event’s requirements. All AV & Sound services must only be provided by the Centre. Licensee is allowed to engage Approved AV & Sound Service Providers for specific requirements. Contact details of Approved AV & Sound Service Providers can be downloaded from the Approved Centre’s Contractors / Service Providers List.
3.3
3.4
PUBLIC CAR PARKING There is no dedicated car parking facilities provided by the Centre. All Clients, Guests and Visitors to the Centre may use the Public Car Parking facilities at Suntec City on a first-comefirst-serve basis at the published car parking rates and according to the official operating hours.
FOOD & BEVERAGE The Centre offers an extensive range of Food & Beverage offerings to suit to your event’s requirements. No Food & Beverage supplier or caterer will be allowed to supply or cater food & beverage in the Centre.
Service vehicles used for delivery of materials or exhibits are not permitted to remain in the Centre after business hours.
2.8
CLEANING CONTRACTORS Licensee is required to engage his own cleaning contractors for booth cleaning and cleaning services within the Licence Area during the Licence Period (including Move-in & Move-out Periods) except for the following areas within the Centre: - Public access areas (e.g. Toilets, escalators, elevators) - Common areas (e.g. Concourse, Lobbies) - Halls/Rooms booked for Conference and Banquet Events
Service Vehicle Lots The Centre provides service vehicles lots for the Licensee’s usage according to the booking of specified Licence Areas. Only authorized vehicles registered with the Centre are allowed to park at the designated service vehicle lots. The usage period of the service vehicle lots must be observed and strictly followed according to the allocated time period specified in the Licence Agreement.
AV & SOUND
3.5
IT & TELECOMMUNICATIONS The Centre provides a comprehensive range of IT & Telecommunication services, such as telephone lines, broadband and other technical and support services to meet your event’s requirements.
There are a total of 3,200 parking lots available in the basement of Suntec City, categorized by colour and animal zones. Comprehensive electronic signages are located in the car park for easy identification.
3.6
3.
SERVICES IN THE CENTRE
3.1
AIR CONDITIONING & VENTILATION
3.1.1 Mechanical Ventilation during Move-in Period and Move-out Period
LANDSCAPING The Centre offers an extensive range of Landscaping offerings to suit to your event’s requirements. In the event if the Licensee is to provide his own landscaping items, the guidelines for Placement of Live Plants & Floral Decorations must be observed and strictly complied.
3.7
REGISTRATION COUNTERS All registration counters deployed within the Centre must be provided and rented from the Centre. Licensee is not allowed
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Technical Floor Plans & Specifications Approved Centre’s Contractors / Service Providers Application Forms and Approving Authorities / Agencies Or you can approach any of our friendly Experience Manager for more details.
Page 2
RULES AND REGULATIONS to construct or engage 3rd registration counters.
3.8
party suppliers to provide
(a)
The Centre will supply, install and provide water, drainage and compressed air services to the Licensee and its subcontractors, suppliers, exhibitors, etc. through the Centre’s approved On-site Utilities Contractors. Contact details of Approved On-Site Utilities Contractors can be downloaded from the Approved Centre’s Contractors / Service Providers List.
(b)
All exhibits and ancillary equipment containing water shall be carefully drained out at the end of an exhibition, in such a way that no water is discharged onto the floor of the Halls/Rooms. All costs involved in removing of any water discharged onto the floor of the Halls/Rooms, or any damage caused as a result of the discharge of water in a manner other than permitted under this Paragraph will be charged to the Licensee.
4.1.5 (a)
Utility Pit and Trench System The Centre’s Halls have an extensive utility pit and trench system on the floor through which electrical, water, compressed air, drainage and telecommunication systems are channelled through. Access to the utility and trench system is strictly limited to the Centre’s approved On-site Utilities Contractors. Approved Centre’s Contractors / Service Providers List.
(b)
Nothing shall be affixed to, stored, or discarded in the utility pit and trenches.
(c)
The service walkway is located beneath the floor in the Halls. During any exhibition within the Halls, a minimum of two (2) floor service walkway access lids must be exposed to allow the Centre’s staff entry / exit to the service walkway.
SIGNAGE SPACE & MEDIA DISPLAYS The Centre offers various unique advertising opportunities and solutions on our Signage Space & Media Displays to meet your event’s objectives. The Licensee will coordinate all permanent and temporary signage, its location and duration of use. Allocation will be based on consideration of other events and commitments by the Centre. Contact details of Approved Signage & Media Production Service Providers can be downloaded from the Approved Centre’s Contractors / Service Providers List. The Licensee shall be responsible for Event signage leading the visitors to the Event commencing from Basement 2. Please advise Licensor of the signage requirements and plans fourteen (14) days before the Event Day. All signage requirements must be approved by Licensor before the Event Day. The Centre reserves the right to remove any signage of any description at the Licence Area, which the Centre finds objectionable. In the event if any cost of removal is incurred, it will be borne by the Licensee. It is also prohibited to stick any notices or advertisements on any walls, walkways and any property belonging to the Centre without prior permission from the Centre. If unapproved material is found, the Centre reserves the right to remove them without notice to the Licensee.
3.9
USAGE OF FREE HIGH SPEED WI-FI All usage of Centre’s Free High Speed WI-FI must adhere to the User’s Guidelines specified in the Main Login Page.
4.
GUIDELINES FOR CONSTRUCTION, INSTALLATION & DISMANTLING WORKS
4.1
GUIDELINES FOR CONTRACTORS / SERVICE PROVIDERS
4.1.1
All Contractors / Service Providers’ construction, installation and dismantling works must observe and comply strictly with the Centre’s Technical Floor Plans & Specifications.
4.1.2
All construction, installation and dismantling works shall be carried out at the expense of the Licensee and shall be carried out in such a manner as not to cause unnecessary disturbance or disruption to the activities of other occupiers at the Centre.
4.1.3
The Licensee / Contractors / Service Providers will not cause or permit any damage to be caused to the Licence Area or alter or interfere with the building structure, equipment and installations. The repair of such damages will be evaluated by the Centre and all charges for such repair shall be fully borne by the Licensee.
4.1.4
The Centre shall be entitled to remove at the Licensee’s cost, any form of construction or structure, which is not approved or which infringes on the mentioned guidelines.
4.1.4
Water, Drainage and Compressed Air
4.1.6 Operable Walls The acoustically treated operable walls extend from floor to ceiling. No attachments to these walls will be allowed. The operable walls in the Halls & Rooms are to be installed and removed by the Centre’s authorised personnel only. Any changes on the positioning of the operable walls, once set, will be charged to the Licensee.
4.2
GUIDELINES FOR CONSTRUCTION AND DISMANTLING OF BOOTHS AND EXHIBITS
4.2.1 (a)
Constructing Guidelines & Materials All materials used in the construction and installation of exhibition booths and any other structures must entirely consist of fire-retardant materials as required by prevailing fire safety regulations. Materials used for the construction of the exhibition booths should be non-combustible and shall have a minimum flame spread rating of Class 2.
(b)
All Booths and other structures must maintain a minimum clearance distance of 0.6 metres from the columns and the walls in the Meeting Rooms.
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Page 3
RULES AND REGULATIONS (c)
Any temporary structures erected must allow a minimum clearance of 1.2 meters (4 feet) from doors opening to fire cabinets, electrical and mechanical riser and alarm call points.
(ii) (iii) (iv)
(d)
There shall be a firebreak of 3 metres between rows of Booths if it exceeds 30 metres in a row. All passageways (aisle) must be at least 2.5 metres in width for Trade events and 3 meters in width for Public event.
(v)
(e)
Erection of partitions or display boards which could hamper the fire protection system and the air-conditioning diffusers and air flow inside the Halls / Rooms is not allowed.
(f)
No erection of partitions or display boards may exceed three (3) metres (10 feet) in height directly underneath the fire curtains in the Exhibition and Convention Halls.
(g)
Erection of partitions or display boards must not obstruct the discharge pattern of the sprinkler heads. A clearance of at least 0.5 metres (20 inches) should be maintained below the level of the sprinkler deflectors.
(h)
Erection of brick stone or block walls etc, shall lay plywood plus visquene heavy duty building paper or similar material on the floor under the walls to protect the floor surface.
(i)
Permanent false ceilings are not allowed. However, false ceiling of egg crate and mesh constructions of noncombustible materials may be allowed subject to the Licensee obtaining prior written approval from the Centre.
4.2.2 (a)
(b)
(c)
(d)
(e)
(f)
Securing Guidelines, Marking Materials & Painting Works No nails or screws shall be driven or holes drilled on the floors, walls, doors, pillars or other parts of the structure of the Halls & Meeting Rooms or any part of the building. The Centre only allows the use of a residue-resistant singlesided and double-sided preferably cloth-backed tape for securing carpeting and other floor coverings to the concrete flooring. No adhesives are to be used on permanent carpeted floors, stone floors and walls. Adhesive-backed (stick-on) decals or similar promotional items are not permitted in the Centre. Any costs incurred by the Centre for the removal of these items and repair of any damage caused will be charged to the Licensee.
Erasable chalk is acceptable for marking booth locations on the Halls and Rooms’ floor. An approved tape may be used and no other floor marking may be used. Removal of nonapproved floor marking will be charged to the Licensee. The Licensee will be responsible for the removal of all tapes and residue marks within the Licence Area. Removal and damage incurred resulting from the use of non-recommended tape will be carried out by the Centre and charged to the Licensee. Major painting of displays and exhibition materials are not permitted in the Centre. However, “touch-up” painting of the displays and exhibition materials is permitted in the Halls provided such work is undertaken during the Move-in Period only and all safety precautions and protective surface coverings are put in place. These precautions include: (i)
Use of Non Toxic Paints Covering the floor with plastic overlay or drop sheets No painting near the Centre’s vertical structures (ie: walls, operable walls) No washing of paint material within or surrounding the Centre
The Licensee is responsible for any damage to the Centre that is caused as a result of painting and will be liable for the cost of reinstating the damaged area to its original condition.
4.3
PLACEMENT OF LIVE PLANTS & FLORAL DECORATIONS All live plants and floral decorations brought by the Licensee into the Centre’s carpeted areas must be protected. During Move-in and Move-out Periods, all precautionary measures must be taken to protect carpeted areas and doors. Plywood boards on top of plastic sheets should be used on the floor.
4.4
PLACEMENT OF DEMONSTRATIONS & WORKING EXHIBITS
(a)
All moving machines must be fitted with safety devices when the machines are in operation. These safety devices may be removed only when the machines are disconnected from the source of power.
(b)
Working machines must be placed at a relatively safe distance from visitors. Use of safety guards is strongly recommended.
(c)
Any machinery or apparatus displayed in the Licence Area shall only be demonstrated within the Booth, operated by qualified persons and shall not be left running without the proper supervision of such persons.
(d)
No motors, engines, or power driven machinery may be used without adequate protection taken out by the Licensee against risk of fire. No naked flame is permitted in the Licence Area.
(e)
The operation of compressors, sprayers, auto trucks and similar plants powered by internal combustion engines is prohibited.
4.5
PLACEMENT OF PRESSURE VESSELS & EQUIPMENT
(a)
The Licensee will be responsible and liable for the proper transportation and storage of all pressure tanks containing helium, compressed air, argon, carbon dioxide and any other pressure medium.
(b)
All pressure vessels and equipment brought into the Centre must conform to all relevant safety standards and regulations.
(c)
Pressure tanks improperly secured and do not conform to the safety standards and regulations will be immediately removed from the Centre upon notice being given to the Licensee by the Centre.
4.6 (a)
GARBAGE REMOVAL & DISPOSAL During Move-in & Move-out Period The Licensee / Contractors / Service Providers shall be solely responsible and liable for the removal of garbage and waste materials from the Licence and Service Area inclusive of Loading Bays and Access Ramps.
Painting in an area which is properly ventilated
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Page 4
RULES AND REGULATIONS The Licensee / Contractors / Service Providers shall remove all exhibits, stand fittings and other materials brought into the Centre for exhibition or other events, including materials scrapped and debris left behind at the end of the exhibition or event, from the Centre. In the event that the Licensee / Contractors / Service Providers fail to keep the Licence and Service Area clean, the Centre will engage the services of a Cleaning and Waste Disposal Contractor and the charges incurred will be billed to the Licensee. (b)
Throughout Licence Period Wash basins and water closets in the toilets in the Centre shall not be used for disposing of any form of waste, food or rubbish. The cost of clearing blockages in the drainage system and of any other work taken by the Centre arising from non-compliance with this regulation will be charged to the Licensee.
5.
SUBMISSION REQUIREMENTS AND PROCESSES – BY LICENSEE TO CENTRE
5.1
SUBMISSION GUIDELINES TO CENTRE FOR APPROVAL (TECHNICAL)
(a)
Clause 5.1 is applicable only to Clause 5.2 – Submission of Endorsed Document to Centre (Technical).
(b)
The Licensee is required to submit to the Centre for approval the following plans under Paragraph (i) to (ii) below not later than one (1) month prior to the commencement of the Licence Period:
3
4
5
(c)
(d)
5.2
The Centre will then return one (1) set each of the aforesaid plans to the Licensee showing the required changes, if any or approval of the original plans. If any changes are required by the Centre to be made to the plans, the Licensee must resubmit the plans incorporating the required changes to the Centre for approval within ten (10) days from the date of receipt of the plans by the Licensee. Where necessary, the Licensee shall obtain all the necessary approvals from the relevant authorities for the construction, which shall be submitted with the plans.
SUBMISSION OF ENDORSED DOCUMENTS TO CENTRE (TECHNICAL)
S/ N
Type of Layout & Drawings
Endorsing Authority
1
Final Exhibition Floor Layout Plans & Drawings Booth Layout Plans & Drawings
Fire Safety and Shelter Department (FSSD)
2
Fire Safety and Shelter Department
Endorsed Document to Suntec
Written Approval by Suntec
Yes
Yes
Yes
Yes
14 days
Yes
Yes
14 days
5.2.3
Rigging Layout Plans & Drawings The layout plans and drawings for usage of riggings must apply for Professional Engineer’s endorsement and submit the endorsed documents to the Centre to obtain prior written approval.
5.2.4
Heavy Machinery Move-in Layout Plans & Drawings The layout plans and drawings for Heavy Machinery Move-in must apply for Professional Engineer’s endorsement and submit the endorsed documents to the Centre to obtain prior written approval.
5.3
SUBMISSION OF APPLICATION FORM TO CENTRE
S/ N 1
Animals Permit
Submit Application Form Yes
2
Balloons Permit
Yes
Yes
2 weeks
3
Car Parking (VIP Lots)
Yes
Yes
2 weeks
4
Car Parking (Additional Service Vehicle Lots) Distribution of Promotional Materials Erecting of Temporary Registration Counters Flammable, Smoke Emitting & Equipment / Materials Permit Food & Beverage Sampling Permit Fuelled Motor Vehicle Exhibits
Yes
Yes
2 weeks
Yes
Yes
1 month
Yes
Yes
1 month
Yes
Yes
1 month
Yes
Yes
1 month
Yes
Yes
1 month
6 7
1 Month
1 Month
3 Months
Double Storey Booth Layout Plans & Drawings The layout plans and drawings for Double Storey Booth must apply for Professional Engineer’s endorsement and submit the endorsed documents to the Centre to obtain prior written approval. The design, construction and dismantling of Double Storey Booths must comply with the guidelines, rules and regulations laid down by the Fire Safety and Shelter Department (FSSD).
9 Yes
Yes
5.2.2
8
Yes
Professional Engineer’s Endorsement
Yes
Final Exhibition Floor Layout Plans / Booth Layout Plans & Drawings The final exhibition floor layout plans and drawings for the exhibition construction and any other structures must be submitted to the Centre for endorsement. The endorsed floor layout plans and drawings must be submitted to the Fire Safety and Shelter Department (FSSD) for final approval. Floor layout plans and booth layout plans must be in line with existing fire safety regulations and the Centre’s Technical Floor Plans & Specifications.
5 Dateline before Move-in
Heavy Machinery Move-in Layout Plan & Drawings
(FSSD) Fire Safety and Shelter Department (FSSD) Professional Engineer’s Endorsement
5.2.1
(i) Three (3) copies of operations plans of scale no less than 1:500 showing location and erection of booths. (ii) Three (3) copies of sketch plans of scale no less than 1:50 showing cross sections and elevations of proposed work on booths and structures which exceed 4metres (13.1 feet) in height.
Double Storey Booth Layout Plans & Drawings Rigging Layout Plans & Drawings
Application Form
Written Approval by Suntec Yes
Dateline before Move-in 2 months
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Page 5
RULES AND REGULATIONS 10
11 12 13 14
Hazardous, Explosive & Pyrotechnic Materials Permit Satellite Dish Placement Permit Signage / Poster Placement Permit Utilise of Common Area within Centre Wireless Equipment Permit
Yes
Yes
6 months
Yes
Yes
6 months
Yes
Yes
2 weeks
Yes
Yes
2 weeks
Yes
Yes
2 weeks
5.3.1
Animals Permit The Licensee must obtain prior written approval from the Centre for having animals in the Centre by submitting the specific Application Form. Also refer to Clause 5.4.1 – Animal Exhibits / Performance Licence.
5.3.2
Balloons Permit The Licensee must obtain prior written approval from the Centre for bringing balloons into the Centre by submitting the specific Application Form. All cost incurred for removing of balloons suspended or trapped below the Centre’s ceiling or atrium shall be borne by the Licensee.
5.3.3
Car Parking (VIP Lots) The Licensee must obtain prior written approval from the Centre for using the car parking (VIP Lots) by submitting the specific Application Form.
5.3.4
Car Parking (Additional Service Vehicle Lots) The Licensee must obtain prior written approval from the Centre for using the car parking (Additional Service Vehicle Lots) by submitting the specific Application Form.
5.3.5 (a)
Distribution of Promotional Materials Within Licence Area The distribution of promotional materials such as brochures, catalogues, leaflets, pamphlets etc. is restricted within the Licence Area only.
(b)
5.3.6
5.3.7
Common / Public Access Area The Licensee must obtain prior written approval from the Centre for the distribution of promotional materials such as brochures, catalogues, leaflets, pamphlets etc. at all common/ public access areas within the Centre. Erecting of Temporary Registration Counters The Licensee must obtain prior written approval from the Centre for erecting of temporary registration counters at other locations within the Centre’s common area by submitting the specific Application Form. Flammable, Smoke Emitting Equipment / Materials Fire regulations prohibit the use and storage of combustible materials in the Licence Area. (a) No naked flame or temporary gas lamps, (b) No petrol, highly flammable toxic or corrosive substances. The Licensee must obtain prior written approval from the Centre for use and storage of Flammable, Smoke Emitting Equipment / Materials in the Centre by submitting the specific Application Form for the following:
(a)
Display and operation of any heater, barbeque, heat producing or open flame devices, candles, lanterns, torches, naked lights, welding equipment or other smoke emitting materials as part of the exhibit.
(b)
Display and operation of any electrical, mechanical, or other devices which may be deemed hazardous by the Centre. If there is doubt, such devices should be submitted to the appropriate controlling authorities for approval.
(c)
All toxic and hazardous material, including flammable liquids, compressed gas or dangerous chemicals.
5.3.8
Food & Beverage Sampling Permit The Licensee must obtain prior written approval from the Centre for distributing Food & Beverage Sampling in the Centre by submitting the specific Application Form. The Licensee is also to refer to Clause 5.4.5 – Food Hygiene Licence.
5.3.9
Fuelled Motor Vehicle Exhibits The Licensee must obtain prior written approval from the Centre by submitting the specific Application Form for the exhibiting of fuelled motor vehicles or other fuelled-engine equipment, and shall be subject to the following conditions:
(a)
The Centre shall be notified by the Licensee of the locations of these exhibits in the exhibition.
(b)
The fuel tank of motor vehicles shall contain only sufficient fuel (one-quarter (¼) tank level) to move the vehicle out of the exhibition venue. The fuel tanks of all fuelled-engine equipment shall be emptied and sealed.
(c)
Batteries shall be disconnected on all terminals before the public is admitted into the exhibition area and not reconnected until after the final closure of the exhibition.
5.3.10 Hazardous, Explosive & Pyrotechnic Materials Permit The Licensee must obtain prior written approval from the Centre for use and storage of Hazardous, Explosive & Pyrotechnic Materials in the Centre by submitting the specific Application Form. Also refer to Clause 5.4.4 – Entertainment Laser / Hazardous Materials Licence. 5.3.11 Satellite Dish Placement The Licensee must obtain prior written approval from the Centre for set-up that requires installation of satellite dishes. Application(s) must be made to the relevant authorities and the Centre for the use and location of satellite dishes six (6) months before the commencement of the Licence Period. 5.3.12 Signage / Poster Placement The Licensee must obtain prior written approval from the Centre for placement of any signage / poster in the Centre by submitting the specific Application Form. 5.3.13 Utilise of Common Areas Within Centre All areas outside the Licence Area shall be considered as the Centre’s common areas. The Licensee must obtain prior written approval from the Centre for utilising of common areas for any activity by submitting the specific Application Form. 5.3.14 Wireless Equipment To avoid interference with the Centre's wireless operating equipment, the Licensee must obtain prior written approval from the Centre for bringing wireless equipment into the Centre by submitting the specific Application Form.
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Page 6
RULES AND REGULATIONS 5.4
S/N
1 2 3
4 5 6 7 8 9 10
SUBMISSION OF ENDORSED LICENCE & PERMIT TO CENTRE Type of Licence / Permit
Animal Exhibits / Performance Licence Copyright Licence & Permit Broadcast / Telecast Licence (General Radio Communication Station Licence) Outdoor Advertisement Licence / Permit Public Entertainment Licence Art Entertainment Licence Adult Entertainment Licence Entertainment Laser Licence Use / Storage of Hazardous Material Licence Food Hygiene Licence
Endorsed Document to Suntec Yes
Written Approval by Suntec Yes
Dateline before Move-in 14 days
Yes Yes
Yes Yes
14 days 14 days
Yes
Yes
14 days
Yes Yes Yes Yes Yes
Yes Yes Yes Yes Yes
14 days 14 days 14 days 14 days 14 days
Yes
Yes
14 days
(b)
Radioactive substances shall not be brought into the Centre unless all the relevant legislations and regulations have been observed and prior approval from the Centre and the relevant government authorities are obtained at least one (1) month before the commencement of the Licence Period.
(c)
Where toxic materials or fluids are to be used for which its disposal requires notification to the government authorities, the Centre shall be advised in writing at least four (4) months before the start of the Event, of the nature of the material or fluid and the quantities involved.
(d)
Not more than one (1) day supply of any such material or fluid shall be stored within the Booth or within the Licence Area at any time, the remainder being stored in appropriate containers properly sealed in a location agreed between the government authorities, the Centre and the Licensee.
(e)
Toxic wastes must be placed in suitable containers which are closed and marked accordingly and special arrangements must be made with the relevant government authorities regarding their disposal.
5.4.5 (a)
Food Hygiene Licence The Licensee must obtain written approval from the Centre and the relevant authorities for the distribution of food and beverage sample products within the Licence Area. A Liquor Licence is also required for the distribution of alcoholic beverages and liquors.
(b)
Distribution and sampling of food and beverage products are subjected to compliance with the general standards of health, safety, sanitation and any other specific requirements of National Environment Agency (NEA) and the Centre's Food & Beverage Department.
Contact details of Licence & Permit can be downloaded from Approving Authorities / Agencies List. 5.4.1 Animal Exhibits / Performance Licence No reptile, fish, bird or live animals shall be allowed in the Centre at all times, except as an approved exhibit, or used in conjunction with an activity or performance. The Licensee must also ensure that proper precautions are taken for the care, control and restrain of the live animals. The Licensee is strongly encouraged to adopt all guidelines set by AVA, which aim to enhance animal welfare and the professional standard of animal exhibitions and performances. 5.4.2 (a)
(b)
5.4.3
5.4.4 (a)
Copyright Licence and Permit The Licensee shall be responsible for obtaining at its own cost and expense, all appropriate licences / permits for the playing of all music and use of performance materials protected by copyright regulations, whether played live or pre-recorded. The Licensee shall be responsible for obtaining at its own cost and expense, all licences, permits and approvals from the appropriate government departments, statutory boards or competent authorities that may be required for staging the Event. The Licensee shall be responsible for obtaining at its own cost and expense, all appropriate licences / permits for conducting sales of goods in the Licence Area protected by copyrights trademarks, intellectual property and proprietary rights. The Licensee shall provide an undertaking confirming that the goods sold are genuine and authorized by the main supplier/brand to act as their agent to sell these branded products. Broadcasting / Telecasting Licence The Licensee must obtain prior written approval from the Centre for the broadcasting or telecasting of the Event or any portion of the Event for commercial purposes. Such written approval may be subjected to fee payment to the Centre of a percentage of the revenue to be derived from such broadcast or telecast. All expenses associated with any such broadcast or telecast will be the responsibility of the Licensee. Hazardous Materials / Entertainment Laser Licence In compliance with the Radiation Protection Act 2007, the Licensee must obtain a valid licence issued by the Centre for Radiation Protection and Nuclear Science (CRPNS) for the use of entertainment lasers during the Event.
6.
SAFETY, FIRE PROTECTION AND SECURITY REGULATIONS
6.1
EMERGENCY AND EVACUATION PROCEDURES
(a)
In any event of emergency, all emergency and evacuation instructions by the Centre take precedence and ought to be strictly followed at all times to ensure safety of all people.
6.2
FIRE PROTECTION AND REGULATIONS
(a)
All Licensees must comply with and ensure that all their agents, servants, employees, contractors and exhibitors etc. comply with the prevailing fire safety regulations and building codes of the Centre.
(b)
Licensee’s personnel should be familiar with the locations of the fire alarm call points, hose reels, extinguishers and fire exits.
(c)
Corridors leading to exit doors and all entrance and exit doors should be kept clear of obstructions at all times. All exits will be kept unlocked during show hours or when the public is allowed into the exhibition areas. Fire lanes in and around the Centre must remain clear and unobstructed.
(d)
No objects are to be attached to or suspended from the fire sprinklers or light fixtures on the ceiling. The sprinkler system is designed to tolerate up to a maximum temperature of 68oC (154.4FO). It is therefore necessary to ensure that spotlights and other heat-generating equipment are not focused on or stationed near the fire sprinklers.
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Page 7
RULES AND REGULATIONS (e)
Special care must be taken not to obstruct or hide from view the fire protection system, air-conditioning mechanical ventilation vents, fire safety equipment, fire hose reel / riser cabinets, fire alarm pull stations, house lighting fixtures and controls.
(f)
In compliance with the Smoking (Prohibition in Certain Places) Act, smoking is only permitted at designated locations within the Centre. Smoking is strictly prohibited in the Convention Hall, Exhibition Halls, Meeting Rooms, Concourse, Organisers’ Offices, and Pre-Function Areas.
6.3
SECURITY AND SAFETY REGULATIONS
6.3.1 (a)
Lost & Found Any enquiries regarding Lost and Found items should be directed to the Centre’s 24 hour Security Office located at Level 1. All lost and found articles are catalogued and stored for thirty (30) days. After such period, all articles will be disposed at the Centre’s sole discretion and no person shall have any further claim to these articles. The Centre shall not be responsible for any items not collected during the stipulated period.
6.4
SECURITY AND SAFETY REGULATIONS FOR SPECIAL EVENTS
6.4.1
Security and Crowd Management The Licensee must provide the manpower requirements determined by the Licensor for Security and Crowd Management to maintain the event.
6.4.2
Medical Emergencies The Licensee shall cover medical emergencies including the arrangement of a standby Ambulance for evacuation of the sick.
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Page 8
