Agenda - 06-16-2009 - 4ff - Laserfiche WebLink

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2.5. Draft 5-28-09 2.4.2. Upon a material breach of any provision of this Agreement by Sports Endeavors Inc., if such breach is not cured within thirty (30) days after Sports Endeavors receipt of written notice from Orange County. The provisions of Sections 8, 10, 16, 17, 18, 19, and 20 shall survive expiration or termination of this Agreement. 3. SPORTS ENDEAVORS RIGHTS AND BENEFITS 3.1. Naming Rights. 3.1.1. Sports Endeavors Inc. shall have the exclusive right to retain the Facility name "Eurosport Soccer Center" or such other Facility name containing "Eurosport" as may be agreed upon between Sports Endeavors Inc. and Orange County (the "Facility Name"). 3.1.2. All references to the Facility, regardless of media, including any electronic forms of such media, made by Orange County will include Eurosport. Such references shall include, but not be limited to, all marketing materials, press releases, television and radio advertisements, promotions or announcements, tickets, ticket order forms, newspapers, magazines and any other print materials, and the Facility website ("Promotional Media"). 3.1.3. Orange County agrees that no sponsorships or other forms of advertisements relating to the Facility, may be offered to third parties in the soccer or lacrosse catalog industry without prior approval from Sports Endeavors Inc, which approval shall not be unreasonably withheld. In addition, Orange County agrees that it will not offer sponsorships or sell advertising to persons or entities whose business reputation or ongoing business activities might reflect adversely upon the image and reputation of Sports Endeavors Inc. 3.2. Si na e 3.2.1. Unless otherwise stated herein, Orange County will design, install and maintain signage in the Facility recognizing Sports Endeavors/Eurosport as the naming sponsor of the Facility. Appropriate lighting will be provided and maintained, at a minimum, for the main entrance sign. The main entrance sign will be a two sided high density urethane fabrication measuring 72" x 36". The designation "Eurosport Soccer Center will be the prominent feature. The sign will also identify Orange County Parks and Recreation and will include the County seal, the Parks and Recreation logo and the Eurosport logo. The design of artwork for this sign will be communicated to Sports Endeavors for their approval prior to construction. 3.2.2. Orange County shall use its best efforts to obtain approval from the North Carolina Department of Transportation and other governmental agencies for the placement of a minimum of two (2) directional highway signs that contain the Facility Name. 3.2.3. Orange County shall use best efforts to see that permanent signage is not modified, covered, or digitally manipulated in visual images without the prior written approval of Sports Endeavors Inc. 3.3. Admission, Parking Passes. 3.3.1. Orange County shall provide Sports Endeavors Inc. with ten (10) tickets and parking passes to any ticketed events held at the Facility for which Orange County controls the ticketing process. Passes may be used by Sports Endeavors, Inc. employees, vendors, clients, etc. 3.3.2. In any event for which Orange County does not control sale and/or distribution of the admission passes and parking passes, Orange County shall use reasonable efforts to obtain ten (10) admission passes and parking passes, but "reasonable efforts" shall not include having to purchase said passes. Page 2 of 7