Arnold & Siedsma, Attorneys at Law and Patent Attorneys

1 Arnold & Siedsma (”A&S”) is a private company with limited liability whose purpose it is to conduct the practice of attorney at law, patent attorney and trademark and design attorney, in the broadest sense of the word. This practice is also conducted through persons, who are engaged by A&S in the performance of the assignments of its clients.

2 All client assignments are considered by A&S to have been given to it as an organization, even if it is the express or implicit intent that an assignment will be performed by a specific person. The operation of article 7:404 of the Dutch Civil Code, which addresses the last mentioned case, and the operation of article 7.407 paragraph 2, which creates a joint or several liability in those cases in which an assignment is given to two or more persons, is excluded.

3 If, in the context of the performance of an assignment of a client, an event occurs which leads to liability, then such liability will be limited to an amount of EUR 5.000.000,- save in the case of intentional act or gross negligence. Such event includes a failure to act.

4 If, by or in connection with the performance of an assignment of a client or otherwise, damage is caused to persons or property, for which A&S is liable, then the liability will be limited to the amount or amounts, to which the third party indemnity insurance taken out by A&S provides coverage including the deductible which A&S carries in connection with the insurance.

5 With respect to a considerable part of its activities, A&S is dependent on delivery periods observed by third parties. In order to ensure that these activities are properly executed, A&S may request clients to provide certain data and/or instructions within a shorter period of time to be further specified. A&S shall not be liable for the non-performance, or the late or improper performance of the activities to be executed if the requested data and/or instructions have not been received within the requested period, without prejudice to A&S’ intention to look after client’s interests to the best of its abilities, even if the data /instructions have not been received in time.

6 It is possible that persons engaged in connection with the performance of an assignment of a client may wish to limit their liability in connection therewith. A&S proceeds from the assumption and stipulates hereby that all assignments given to it by clients include the authority to accept such a limitation of liability also on behalf of those clients.

7 If the performance of an assignment of a client entails the engagement of a person residing outside the Netherlands, who has no connection to A&S and is not involved in a cooperation entered into by A&S, A&S shall not be liable for failures of such person in connection with its services in the context of the performance of the assignment.

8 Unless expressly agreed otherwise between client and A&S, client will pay an advance further to be agreed upon, for fees and costs to be paid. The performance of the assignment will only start after payment of the advance agreed upon. An advance paid accordingly, will be settled with invoiced fees and costs.

9 The hourly fee can be multiplied with a factor depending on the experience and the specialization of the person actually performing the assignment, the financial importance and the urgency connected with the assignment.

10 Besides the compensation for the time spend for the client, in the fee the compensation is included for general fixed office costs. Besides the fee A&S will debit the client a surcharge for variable office costs like copy costs, telecommunication costs and postage. The percentage of this surcharge will be calculated on the basis of the fee.

11 Besides the fee and the surcharge for variable office costs A&S will debit the client for direct costs connected to the performance of the assignment. Such costs are amongst others costs of external attorneys or other external experts, traveling expenses, translation costs, courier costs, costs of long international telephone conversations and costs of large numbers of copies.

12 The fees, disbursements and other costs due are debited to the client by means of invoices that are in principle made up once every month. For a matter of fact this leaves the possibility that invoices in between are sent for work already done or costs already made, as well as the possibility that the client is requested to pay an advance in connection with fees and disbursements he will become indebted, or costs that have to be made for him.

13 Invoices are to be paid ultimately 14 days after the invoice date.

14 In departure from article 13, A&S shall be entitled to set a shorter period for payment of advance invoices for matters that must be completed within a shorter period of time. In the case that these invoices are not paid within the stipulated period, A&S shall not be liable for the non-performance or late or improper performance of the activities that must be completed within a shorter period of time.

15 If an invoice is not paid within the term for payment, the client is in neglect by law and legal interest will be due.

16 If also after a reminder payment does not take place, out of court collection costs of 15% of the invoice amount with a maximum of EUR 35,- will be due.

17 A&S will not be liable for damages arising from infringement of confidentiality of communication by e-mail on request of or with the tacit or express consent of the client.

18 The relationship between A&S and its clients will be governed by Dutch law. Only the courts of the Netherlands will have jurisdiction over any dispute which may arise between A&S and a client.

19 Not only A&S, but also all those who are involved in the performance of any assignment of a client can invoke these General Conditions. The same applies to former associates including their respective heirs, if they are held liable after they have terminated their practice with A&S.

20 These General Conditions are also applicable to supplemental and further assignments of clients. They are available in the Dutch and English language. In the case of any discrepancy as to the contents and purport of these conditions, the Dutch text will prevail.

These general conditions are deposited at the Court Registry of the District Court of The Hague under number 70/2008.