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expenses incurred that are associated with this assignment shall be due and payable to JHP as a cancellation or postponement charge. The Client will be charged the full amount of the Estimate, in addition to the cancellation or postponement charge, where the Estimated services or expenditures are performed or incurred after a cancellation or postponement. The Client will be charged for any delays in performance which are not the fault of JHP, and as set forth in the Estimate. In the event that JHP services which are Estimated for any day extend beyond eight (8) consecutive hours in such day, there shall be additional charges to Client for assistants and crew members, which shall be one and half times their hourly rate for more than eight and up to twelve hours, and which shall be double their hourly rate for more than twelve hours in such day.

Approval. Client's authorized representative shall be present during photography to approve JHP's photographic services and changes thereto. The client shall not participate in or interfere with JHP 's performance of photographic services, and JHP shall be solely responsible for and shall exercise its sole discretion, for determining the artistic content, composition, audience appeal, and outcome of the work performed. Work which the Client does not reject, or which Client does not request JHP to correct during the performance of photography, at the time the services are being performed, shall be deemed accepted.

Photographic Material. The photographic materials referenced in the Estimate are deliverable only in the format therein specified. The photography services performed by JHP will be those of JHP or its employees or contractors. JHP shall make a good faith effort in the performance of all services. No release exists and none shall be provided by JHP for any other component of the photographic material including without limitation those for models, minors, rights of publicity, privacy, property, trademarks, copyrights, patents, misaffiliation, defamation or for any other cause for liability or otherwise, unless expressly listed in the Estimate and provided in writing by JHP at the time of JHP's delivery of the photographic material. JHP may but shall not be required to keep archives or copies of the photographic materials. Except for those expressly identified as being for permanent transfer to Client, and unless otherwise specified by the express terms of the Estimate, all photographic materials, remain the property of JHP and shall be redelivered to JHP within thirty (30) days of first publication, or within sixty (60) days of delivery, whichever occurs first. Client shall destroy all digital files within one week of first publication, or at the conclusion of the term that the rights have been licensed for. As reasonable liquidated damages, Client agrees to pay JHP $2,500.00 for any original image which is lost by Client, its carriers, consigns, and bailees, unless JHP has a high quality reproducable duplicate of such original image.

Limitations on Liability. The photographic material is deliverable in the specified format, AS IS, where is, at the place designated in the Estimate, or if none, at JHP's principal place of business. Except as provided for in the Estimate, the photographic materials will not be insured. JHP shall not be responsible for the risk of loss for the photographic materials while the same are in JHP's posession or in the hands of any carrier, beyond the amount of any insurance, if any, procured by JHP for Client at Client's written request and expense as shown in the Estimate. Except as expressly provided for in the Estimate, JHP shall obtain no independent insurance for the Photographic materials. JHP makes no warranties, express or implied, with regard to the deliverable photographic materials. ALL WARRANTIES OF MERCHANTABILITY AND OR WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED to the fullest extent permitted by law. In the event that JHP work becomes lost, unusable,