General Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE
H20 Esports Campus Amsterdam
H20 Esports B.V.

• 1 GENERAL PROVISIONS
  The paragraph "General Provisions" applies to all offers (tenders) and agreements of H20 that relate to the rental and/or use of spaces and/or the use of hospitality and/or catering services of H20 in the H20 Esports Campus Amsterdam. In addition to the provisions in this paragraph, the provisions in paragraph 2, and/or 3 may apply. In the event of a conflict between a provision in the General Provisions and a provision in an additional paragraph, the provision in the additional paragraph shall prevail. The applicability of any general terms and conditions of the Customer is expressly rejected.
• 2 LENTING SPACES IN THE H20 Esports Campus Amsterdam
  The paragraph "Rental of spaces in the H20 Esports Campus Amsterdam" applies to all offers (quotations) and agreements of H20 which concern the rental of spaces in the H20 Esports Campus Amsterdam.
• 3 HOSPITALITY AND CATERING SERVICES
  The section "Hospitality and Catering Services" applies to all offers (quotations) and agreements of H20 that relate to the use of hospitality and/or catering services of H20 in the H20 Esports Campus Amsterdam.
• 4 RENTAL OF MATERIALS AND PERSONNEL OUTSIDE LOCATIONS
  The paragraph "External rental" applies to all offers (quotations) and agreements of H20 which concern the use of materials and/or personnel of H20 outside the location of H20 (Spinnekop 2-3, Purmerend).

DEFINITIONS
The terms used in these General Terms of Sale have the following meanings:

1. H20: the H20 Esports B.V and H20 Horeca & Catering B.V, operator of the H20 Esports Campus Amsterdam.
2. Closed Event: an Event for which tickets are not offered for sale to the public, or for which tickets are offered to the public under certain restrictions.
3. Business Partners: Business Partners of H20 all of which have special usage, supply and publicity rights.
4. House rules: the house rules of the H20 Esports Campus Amsterdam, which can be consulted via the website of the H20 Esports Campus Amsterdam, among others www.h20.gg under House Rules.
5. Client: the tenant or user of a space in the H20 Esports Campus Amsterdam and/or the client of H20 in respect of the catering and/or hospitality services to be provided by H20.
6. Public Event: an event for which tickets are offered for sale to the public without certain restrictions.
7. space means a space in the H20 Esports Campus Amsterdam, including any space on campus, which is used or leased under an agreement.
8. Event: a private or public meeting organized by an organizer that takes place at the H20 Esports Campus Amsterdam.
9. Entrance Ticket: proof that grants access to the H20 Esports Campus Amsterdam (including the campus areas and campus) during a Public Event.
10. H20 Esports Campus Amsterdam: the event location and associated campus located at Spinnekop 2-3 in Purmerend, as sufficiently known.

1 GENERAL PROVISION

1. Quotation and agreement
   1.1 All offers (quotations) of H20 are without obligation, in the sense that they do not bind H20.
2. House rules H20
   2.1 The House Rules of H20 apply at all times in the H20 Esports Campus Amsterdam. The Client is familiar with the House Rules, subscribes to them and will strictly comply with them.
3. General terms and conditions organiser
   3.1 If the use or rental of rooms or services in the H20 Esports Campus Amsterdam takes place in relation to an Event, the Customer and its visitors or guests are required to be in possession of a valid admission ticket, to which the general and specific (ticket) terms and conditions applied by the organizer of an Event (if any) apply.
4. Visitors of Customer.
   4.1 The Customer shall ensure and warrant to H20 that all of its visitors, including but not limited to its guests, comply with the provisions of the applicable paragraphs of these General Terms and Conditions of Sale, as well as the terms and conditions declared applicable as mentioned in Articles 2.1 and 3.1.

4.2 If services of H20 in relation to use or hire, and the fee therefor, are calculated on the basis of the number of visitors, c.q. guests, of the Client, including - but not limited to - hospitality or catering services, the number of visitors, c.q. guests specified by the Client at the time of the quotation/agreement is binding. Changes may be communicated in writing (including by e-mail) to H20 no later than 5 working days prior to the date of hire, c.q. use. Changes after this deadline cannot result in a reduction of the fee agreed upon in the quotation/agreement.

5. Designated persons H20 and subcontracting
   5.1 The persons appointed or engaged by H20, insofar as in office, shall have access to the room at all times if the proper performance of their duties so requires.

5.2 H20 is entitled to subcontract all or part of the delivery of the services to be performed under the agreement to one or more third parties.

5.3 If H20 involves (a) third party or parties in the provision of the services, the applicability of article 6:76 BW is excluded. Any liability of H20 under Sections 6:170 DCC and/or 6:171 DCC and/or 6:172 DCC is excluded, except to the extent that the damage is the result of intent or deliberate recklessness of managers of H20.

6. Terms of payment H20
   6.1 If the customer does not use the space and/or service during the agreed period, the customer shall nevertheless owe the agreed fee.

6.2 Cleaning services by H20 in relation to the use of the space and/or service are calculated on an after-the-fact basis (in the case of extraordinary cleaning, see Article 27) and invoiced to the Customer and are additional, unless otherwise agreed in writing.

6.3 If the agreed period is exceeded, H20 is entitled to charge all costs resulting therefrom, including (but not limited to) personnel costs, to the Customer according to H20's regular rates.

6.4 Unless otherwise agreed in writing, the customer is obliged to have payments made to H20 within ten (10) working days of the date of the invoice by deposit or transfer to an account to be specified by H20. The customer is not entitled to suspension, discount, or deduction or set-off against any claim that the customer has or thinks it has against H20. If any payment term is exceeded, H20 is entitled to charge the customer interest of 2% per month on the amounts due from the due date of the invoice.

6.5 All payment terms stated in the agreement or otherwise set by H20 shall be in default. In the absence of timely and/or full payment, the Customer shall therefore be in default by operation of law and H20 shall be entitled to dissolve the agreement extrajudicially with immediate effect and to retain payments already made as compensation, without prejudice to H20's right to damages. Parties hereby agree for that case, that said compensation will be at least equal to the agreed fee, as well as the additional costs due as included in quote/agreement, including but not limited to any agreed costs for memberships, hospitality and/or catering. In such a case, H20 is also entitled to outsource the collection of the amounts owed by the Customer and to charge the Customer for all extrajudicial costs, with a minimum of 10% of the amount owed.

6.6 Payments made by the Customer during the period that it is in default shall extend first to payment of (extra)judicial costs and the agreed interest due under Article 6.5, and only thereafter to the principal sum, even if the Customer specifies a different destination with the payment.

6.7 Upon approval of the offer, 50%* of the agreed amount will be invoiced. The remaining 50% will be charged further to the date on which the agreed event will take place. Payment must be made prior to the event.

*25% (Half of 50%) in case of cancellation will be converted into credit to be spent within a time frame of 12 months.

7. Cancellation fee
   7.1 Upon cancellation of the rental or use a space, the client shall owe H20 - depending on when the cancellation occurs - a fee in accordance with the following percentages:

Up to 8 weeks in advance:
▪ 0% of the agreed fee + costs owed by Customer as included in quotation/agreement.

< 8 weken maar > dan 4 weken van tevoren:
▪ 50 % van de overeengekomen vergoeding + de door Klant verschuldigde kosten zoals opgenomen in offerte/overeenkomst.

< 4 weken van tevoren:
▪ 100 % van de overeengekomen vergoeding + de door Klant verschuldigde kosten zoals opgenomen in offerte/overeenkomst.

8. Liability H20
   8.1 H20's total liability for attributable failure to perform the agreement is limited to compensation for direct damage, on the understanding that this liability is at all times limited to the invoice value of the performance, which gave rise to the damage. "Direct damage" as referred to in this Article 8.1 means exclusively:
   (i) the reasonable costs that the Customer would have to incur to have H20's performance comply with the agreement. However, this damage shall not be compensated if the Customer has dissolved the agreement;
   (ii) reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to direct damage within the meaning of these terms;
   (iii) reasonable costs incurred to prevent or limit damage, to the extent that the Customer demonstrates that these costs have led to a limitation of direct damage within the meaning of these terms and conditions.

8.2 H20's liability for indirect damages, including consequential damages, lost profits, missed savings and damages due to business interruption, is excluded.

8.3
H20's total liability for damage - other than on the basis of an attributable failure - is limited to the invoice value of the performance that gave rise to the damage and, to the extent that the invoice value of the performance should be higher, this liability is at all times limited to the amount that would be paid out under H20's legal liability insurance. H20 shall not be liable for indirect or consequential damages, including but not limited to loss of sales, business interruption or lost profits, and H20's liability shall at all times be limited to the amount paid by its liability insurance.

8.4 H20 is not liable for loss, theft, loss or damage to items belonging to the client or third parties or damage to persons staying at the H20 Esports Campus Amsterdam in connection with the rental or use. The client indemnifies H20 from all claims by third parties in this regard.

8.5 H20 reserves the right to remove property left behind by the client or its visitors, or guests, without H20 being liable for loss or damage in this regard.

8.6 H20 is not liable for any consequence of visible or invisible defects to the space, nor for damage caused by fire, weather causes, outflow or failure of gas, oil, water and/or electricity. The client indemnifies H20 from any third party claim in this regard.

8.7 In the event of force majeure in the broadest sense of the word on the part of H20 - including in any event one or more of the following circumstances: illness of, incapacity for work by, or failure of the failure of the artist(s) to meet their obligations, failure of (other) counterparties of H20 to meet their obligations, government measures, transport difficulties, fire, strike, work stoppage, epidemic, closure of the H20 Esports Campus Amsterdam for safety reasons, inaccessibility or inaccessibility of the H20 Esports Campus Amsterdam riots, war conditions or (threat of) a terrorist attack, national mourning as a result of the death of a member of the royal house or government, extreme weather conditions and all other circumstances independent of the will of H20 - towards the Customer not liable for any damage resulting from a force majeure situation.

8.8 The Customer shall indemnify H20 against all third party claims in respect of damage for which the Customer is liable under these General Terms of Sale. The Customer will compensate H20 for any damage, including all legal costs incurred by H20, that may result from any third party claim.

8.9 Subject to the obligation contained in the preceding paragraphs, H20 shall not be liable for any compensation (damages) and shall be fully discharged in this regard.

9. VAT
   9.1 All amounts in the agreement and attachments are exclusive of sales tax.

9.2 For turnover tax purposes, the parties consider this agreement to be a performance other than rental as described in section 7.2 of the Decree on Turnover Tax - Supply and Rental of Real Estate dated September 19, 2013 (BLKB2013/1686M). Therefore, the Customer is liable to pay sales tax on the agreed fee. The Customer must pay this sales tax at the same time as the installments of the agreed fee and additional costs.

9.3 In the event that this agreement does not qualify as another performance as described above, the parties agree that H20 will charge the Customer sales tax. Article 6a of the Turnover Tax (Implementation) Decree 1968 is hereby invoked. The Customer must pay this turnover tax at the same time as the instalments of the agreed fee and additional costs. By signing the agreement, the Customer declares to use the space for services for which there is a full or almost full right to deduct VAT.

10. Complaints
    10.1 The Client must notify H20 of any complaint about the space or services provided by H20 immediately upon discovery and confirm to H20 in writing at least within one (1) business day. If the Client remains in default with this, H20 shall be deemed to have fulfilled its obligations in this regard. Otherwise, H20 shall be deemed to have fulfilled all its obligations if any written claim is not made within eight (8) days after the end of the period.
11. Dissolution
    11.1 H20 is entitled, without further notice of default or judicial intervention being required, to dissolve the agreement with the Customer in whole or in part, or - at its own discretion - to suspend further execution of the agreement, if:
    a. the Customer is in default with the fulfilment of any obligation which may arise for him from the agreement;
    b. the Customer is declared bankrupt and/or an application for bankruptcy is filed;
    c. the Customer applies for a moratorium;
    d. the Customer is placed under guardianship or dies;
    e. the Customer's legal entity is dissolved or the Customer's business is liquidated.
12. Confidentiality
    12.1 All information provided is to be kept confidential by the Client and may not be disclosed to third parties without H20's consent.
13. Nullity
    13.1 The nullity of any provision of the agreement between the parties and these entire General Terms of Sale shall not affect the validity of the other provisions of the agreement or the terms and conditions. In the event of nullity of any provision, the parties shall enter into a further agreement in connection with the subject matter of the provision in question that approximates the intention of the parties as closely as possible.
14. Applicable law and competent court
    14.1 In all cases not provided for in these General Terms of Sale, H20 shall decide, taking into reasonable consideration the interests of the customer.

14.2 Dutch law applies to the agreement.

14.3 All disputes between the parties in connection with the agreement shall be settled by the competent court in Amsterdam to the exclusion of any other court.

• 2 RENTING ROOMS IN THE H20 Esports Campus Amsterdam

15. Public event during rental period
    15.1 The Customer is aware that the H20 Esports Campus Amsterdam is primarily intended for holding public events. If H20 has the ability to rent the H20 Esports Campus Amsterdam to a third party for the purpose of a public event for a period that coincides (in whole or in part) with the Customer's rental period, then H20 is entitled to cancel the rental without being liable to the Customer for any compensation for damage and/or costs. The Customer indemnifies H20 from all claims of third parties in this regard. If a case as mentioned in this article occurs, H20 will inform the Customer as soon as possible.

15.2 If the customer uses the space on a day when a Public Event is taking place in the H20 Esports Campus Amsterdam, the customer will cause as little disruption as possible to parties working in the H20. The client is obliged to immediately follow any instruction from H20 in this regard.

16. Rented space
    16.1 The lease only includes the space(s) specified in the agreement and any appendices thereto and the installations and facilities present in the space to the extent agreed.
17. Use of space
    17.1 Without H20's prior written consent, the Customer is not permitted to use the space for any purpose other than that described in the agreement.

17.2 The Customer is obliged to immediately follow any instruction from H20 regarding the use of the space.

17.3 The Customer is not permitted to:
a. sublet or give use of all or part of the space to a third party.

1. to make any alteration or addition to the space or its furnishings without H20's permission;
2. remove or cover any displays of H20's partners inside and outside the space without H20's permission;
3. placing objects in the room or in the immediate vicinity of the room or attaching materials to floors, walls, ceilings or parts of the facility in the room without H20's permission;
4. to use the space in such a way as to cause a nuisance to the users of the spaces and plots adjoining the space, or to its surroundings;
5. to act in and around the space in violation of the fire safety concept applicable to the H20 (at the sole discretion of H20).

17.4 Operation of H20's technical equipment, as well as access to the so-called service areas, may only be carried out by H20 personnel or third parties engaged by H20. Use of equipment not belonging to H20 can only take place after consultation and permission of H20 and is at the Customer's own risk and responsibility. The Customer is liable for any damage to H20's equipment as a result of improper operation or connection of equipment by the Customer, the costs thereof will be charged to the Customer.

17.5 Construction of stands, exhibitions, etc. requires the written permission of H20. Allocation of space(s) shall be made by H20. Requests in this regard shall be submitted to H20 no later than 10 (ten) working days prior to the rental period.

17.6 The Customer is obliged to use the space in such a way that it does not violate any law, ordinance, permit or any other government regulation and does not create the danger that any government permit will or may be revoked, at the sole discretion of H20.

17.7 The Customer shall strictly and fully comply with the Tobacco Act, including but not limited to the articles in §5 regarding the prohibition of smoking and the prohibition of advertising laid down in Article 5, as well as all related decrees regarding the prohibition of smoking in the premises, and shall ensure compliance by its employees, suppliers and visitors. The Customer is liable for H20's damages resulting from violations of the Tobacco Act observed during the rental period. Furthermore, the Customer shall be liable for fines imposed by the Food and Consumer Product Safety Authority. Upon violation of the foregoing, the Customer shall owe H20 an immediately payable fine of €5,000 for each violation, without prejudice to H20's right to additionally claim from the Customer compliance and/or compensation for damages suffered or to be suffered.

17.8 The Customer shall comply with the Alcoholic Beverages Code (STIVA Code) and the Beverage and Catering Act.

17.9 The use and furnishing of the space by the Customer must be in accordance with the regulations, which are set by the Municipality of Purmerend, the Fire Brigade, the Police and/or other authorities.

18. Rights Business Partners H20
    18.1 The partners of the H20 Esports Campus Amsterdam (including but not limited to sponsors, tenants, suppliers) all have special usage, delivery and communication rights, which rights shall be respected by the Customer. This means, among other things, that no other products may be used than those carried by the sponsors, as well as that no conflicting advertising and sponsorship is allowed, unless prior written permission has been granted by H20 and the relevant partner.
19. Safety (registration, security, emergency).
    19.1 The Customer is obliged, in order to avoid exceeding the maximum permitted number of persons of the space, to register all persons who have access to the space on behalf of the Customer. The Customer shall submit this information to H20.

19.2 The Client is obliged to provide adequate security for its event and for this purpose is obliged to use only one of the security companies designated by H20.

19.3 H20 is at all times entitled, in view of an (impending) calamity or (impending) irregularities, to evacuate the space and to remove from the space or admit to the space all persons and/or objects present in the space. H20 is not liable for any costs and damages arising from this for the Client. The Client indemnifies H20 against all claims by third parties in this regard.

20. Delivery and time of delivery
    20.1 Unless otherwise notified in writing to H20 before the start of the rental period, the Customer declares to have received the space in good condition. At the end of the lease, or at least at the agreed time, the Customer will return the space to H20 swept clean and in its original condition.

20.2 If the Customer exceeds the completion time as stipulated in article 20.1, H20 is entitled to take care (or have someone take care) of (excessive) cleaning, c.q. removal, c.q. disposal, c.q. repair, c.q. replacement of damages or items that are missing. All costs involved in this, including H20's own personnel costs, shall be payable by the Customer to H20 and shall be paid to H20 by the Customer within five (5) working days after the date of H20's invoice.

20.3 If the Customer exceeds the delivery time as stipulated in Article 20.1, the Customer shall be liable for any resulting damage for H20.

21. Noise level
    21.1 The Customer must take all necessary measures to prevent direct and indirect nuisance to local residents. The outer doors of the space must remain closed during the Customer's event to prevent noise pollution. Furthermore, the Customer must observe a maximum noise level of 103 dB (A) with respect to visitors. Sound level means the LAeq level in dB(A) measured over a period of 15 minutes at the mixing desk at a height of 2 meters above the floor. Upon violation of the foregoing, the Customer shall owe H20 an immediately due and payable penalty of €15,000 for each violation, without prejudice to H20's right to additionally claim performance and/or compensation from the Customer for damages suffered or to be suffered.
22. Fees Buma etc.
    22.1 Any Buma fees, Sena fees, costs for advertising, advertisements and other costs and taxes based on the Customer's event shall be borne by the Customer.
23. Suppliers and employees of the Customer
    23.1 The Customer warrants that employees performing work in the area employed by or on behalf of the Customer work safely in accordance with laws and regulations. H20 is entitled to require the Customer to appoint a safety coordinator for this purpose. H20 is at all times entitled to give instructions regarding safety measures to be observed.

23.2 The Customer shall ensure that all of its employees, as well as subcontractor employees engaged by it, are in possession of valid identification while working in the space. The Customer shall further ensure that the aforementioned employees, where applicable, are in possession of a Dutch work permit.

24. Liability of the Customer and insurance
    24.1 The Customer is liable to H20 for any damage, from whatever cause, on the occasion of or in connection with the hire caused by invitees or employees of the Customer to (i) H20, (other) visitors or employees and/or guests of H20 and their goods and (ii) the space, the inventory and all other goods located in the space. H20 is entitled after the occurrence of any damage to appoint an independent expert third party to appraise the damage, to which the Customer submits in advance. The Customer is obliged to pay the damage assessed by H20 or the expert appointed by H20 within 30 days of notification.

24.2 The building in which the space is located is insured against fire damage. Any increase in this and other applicable insurance premiums, which are or become payable due to the Customer's mode of use of the space, shall be borne entirely by the Customer.

24.3 The Customer is obliged to take out adequate insurance and pay the premiums due therefor, such that any damage to be suffered by H20 or third parties as a result of the Customer's activities will be covered. The Customer also warrants to H20 that the suppliers engaged by it are adequately insured and will provide the relevant insurance policies at H20's request. H20 is entitled to request a copy of the Customer's valid liability insurance policy prior to the event in order to verify that coverage is adequate.

25. Rights Business Partners H20
    25.1 The Client shall at all times respect the rights of the Business Partners, all of whom have special rights of use, delivery and publicity, as well as the members of H20 Esports Campus Amsterdam.
26. Liability of the Customer.
    26.1 The Customer shall be liable for any damage it or any visitor to the space, including its guests, causes in connection with the use of the space, and shall indemnify H20 for any third party claims in this regard. Damage caused as a result of force majeure or building defects, such as a burst water pipe, power failure or internet outage, shall not be the responsibility of H20, unless there is gross negligence on the part of H20.
27. Cleaning services campus areas
    27.1 As far as excessive cleaning (not being regular cleaning) is concerned, the costs thereof will be charged to the Customer. Cleaning services will be performed by H20 designated companies. These costs will be charged at the applicable rates and will be calculated and invoiced to the Customer on an after-the-fact basis. H20 will send an invoice to the Customer within 30 days of the end of the relevant Event, accompanied by a breakdown of the costs.

• 3 HOSPITALITY AND CATERING SERVICES

28. Catering services H20
    28.1 H20 is, to the exclusion of all others, entitled to sell (or have sold) drinks, food and other products (non-food) in the H20 Esports Campus Amsterdam.

28.2 H20 is entitled to subcontract the hospitality and/or catering activities (in whole or in part) to one of its Preferred Supplier Caterers (PSC).

29. Hospitality services.
    29.1 H20 will make every effort, within reason, to meet the Customer's requirements. To this end, H20 shall engage all competent personnel it deems necessary.
30. Costs and payment of services
    30.1 The costs for use of hospitality and catering services are - unless otherwise agreed - calculated and invoiced to the Customer on a buy-out basis. These costs are (if there is also use or rental of a space) additional. H20 will send the Customer an invoice, accompanied by a specification, within 30 days of the end of the Event in question.

30.2 H20 is entitled to invoice the Customer for an advance payment of the above costs prior to the use of the Services.

30.3 If billing is on an after-the-fact basis, the Customer has made an advance payment and this amount is greater than the final cost, H20 will refund the overcharged amount to the Customer within 30 days of determination.

31. Cancellation costs Hospitality and catering services
    31.1 If the Customer uses hospitality, hospitality and/or catering services without also renting or using a space in the process, the following applies to cancellation:

Up to 2 weeks in advance:
▪ 0% of the agreed fee + costs owed by Customer as included in quotation/agreement.

< 2 weken maar > dan 1 week van tevoren:
▪ 50 % van de overeengekomen vergoeding + de door Klant verschuldigde kosten zoals opgenomen in offerte/overeenkomst.

< 1 weken van tevoren:
▪ 100 % van de overeengekomen vergoeding + de door Klant verschuldigde kosten zoals opgenomen in offerte/overeenkomst.

• 4 EXTERNAL RENTALS

32. External rental
    32.1 H20 is entitled to outsource the rental of equipment or personnel.
33. Rental Services.
    33.1 H20 will make every effort, within reasonable limits, to meet the Customer's requirements. To this end, H20 shall use all such skilled personnel as it deems necessary.
34. Costs and payment of services
    34.1 The costs for use of rental of equipment and personnel shall - unless otherwise agreed - be calculated and invoiced to the Customer on a commercial price basis. H20 will send the Customer an invoice, accompanied by a specification, within 30 days of the end of the relevant Event.

34.2 H20 is entitled to invoice the Customer for an advance payment of the above costs prior to the use of the Services.

34.3 If billing is on an after-the-fact basis, the Customer has made an advance payment and this amount is greater than the final cost, H20 will refund the overcharged amount to the Customer within 30 days of determination.

35. Cancellation costs for external hire
    35.1 If the Customer uses external rental without also renting or using a space in the process, the following applies to cancellation:

Up to 2 weeks in advance:
▪ 0% of the agreed fee + costs owed by Customer as included in quotation/agreement.

< 2 weken maar > dan 1 week van tevoren:
▪ 50 % van de overeengekomen vergoeding + de door Klant verschuldigde kosten zoals opgenomen in offerte/overeenkomst.

< 1 weken van tevoren:
▪ 100 % van de overeengekomen vergoeding + de door Klant verschuldigde kosten zoals opgenomen in offerte/overeenkomst.

36. Customer liability and insurance.
    Operation of H20's technical equipment, as well as access to service areas, may only be carried out by H20 personnel or third parties engaged by H20. Use of equipment not belonging to H20 is only allowed after consultation and permission of H20 and is entirely at the risk and responsibility of the Client. The Customer is liable for any damage to H20's equipment caused by improper operation, movement or connection of equipment by the Customer, with all related costs being charged to the Customer. H20 is not liable for indirect damage, consequential damage or loss of profits; its liability is always limited to the amount paid by its insurer.
37. Liability of the Customer.
    37.1 The Customer shall be liable for any damage it or any visitor or user of the equipment, including its guests, causes in connection with the use of the space or equipment, and shall indemnify H20 against any third party claims in this regard. Defects in the building or the failure of facilities such as electricity or internet shall not result in liability on the part of H20 unless there is gross negligence on the part of H20.