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Draft 1-19-07 <br />3.3. Admission. Parking Passes. <br />3.3.1.Orange County shall provide Sports Endeavors Inc. with ten (10) tickets or parking passes <br />to any ticketed events held at the Facility for which Orange County controls the ticketing <br />process. Passes may be used by Sports Endeavors, Inc. employees, vendors, clients, etc. <br />3.3.2. ]:n any event for which Orange County does not control sale and/or distribution of the <br />.admission passes and parking passes, Orange County shall use reasonable efforts to <br />obtain ten (10) admission passes and/or parking passes, but "reasonable efforts" shall not <br />include having to purchase said passes. <br />3.4. Use of Facility. <br />3.4.1. Sports Endeavors Inc. shall have the right, subject to the provisions of this Section, to <br />utilize the Facility for company events. Sports Endeavors Inc. shall provide Orange <br />County with not less than thirty (30) days notice of any such request to utilize the Facility. <br />Such usage shall be on the dates mutually agreed upon by the parties, based on Facility <br />availability. Sports Endeavors Inc. shall reimburse Orange County for any relaxed costs <br />incurred by Orange County associated with the company events (i.e. set up, security, <br />supervision, clean up, etc.). <br />3.5. Advisory Board. <br />3.5.1. In the event an Advisory Board is created with regard to use of the Facility by Orange <br />County, Sports Endeavors Inc. shall have the option, at its sole discretion, to place at least <br />one (1) member on such Advisory Board. <br />4. PAYMENTS. Sports Endeavors shall, on or before thirty (30) days following the date of this <br />Agreement, pay Orange County the amount of and No/100 Dollazs <br />($ )~ In addition, Sports Endeavors shall pay Orange County the amount of • <br />and No/100 Dollars ($ ) on or before July 31, 2008, provided Orange County is able to match <br />this amount with funds provided by other businesses and/or donors, and an additional <br />and No/100 Dollars ($ ~ ) on or before July 31, 2009. <br />5. INTELLECTUAL PROPERTY <br />5.1. Sports Endeavors Inc. grants Orange County the right to use. its'trademarks, trade names and <br />service marks, including the Sports Endeavors Inc. and Eurosport logos ("Sports Endeavors <br />Mazks'~ solely in connection with the identification of the Facility and Fields. Orange County <br />acknowledges that its use of the Sports Endeavors Marks shall inure to• the sole benefit of Sports <br />Endeavors Inc. and shall not create any right, title or interest in same in favor of Orange County. <br />Orange County agrees to comply with Sports Endeavors' guidelines as may be provided to <br />Orange County from time to time concerning use of Sports Endeavors Marks. Sports Endeavors <br />Inc. reserves the right to~prohibit the use of Sports Endeavors Marks, or to modify any materials <br />depicting Sports Endeavors Marks, if in its sole judgment such use may be illegal, misleading or <br />inappropriate. <br />5.2. Orange County grants Sports Endeavors Inc. the right to use the Facility name and images for <br />marketing purposes, in any media, subject to prior and timely review by Orange County. Such <br />review is intended to help ensure accuracy and coordination of marketing and public relations <br />efforts between Sports Endeavors Inc. and Orange County related. to the Facility. <br />5.3. Orange County grants Sports Endeavors Inc. the right to use the Orange County seal (logo), <br />which is a registered mark with the North Carolina Secretary of State's office, solely in <br />connection with the identification of the Facility. Sports Endeavors Inc. acknowledges that its <br />use of the Orange County seal (logo) shall inure to the sole benefit of Orange County and shall <br />not create any right, title or interest in same in favor of Sports Endeavors. Sports Endeavors • <br />Page 3 of 7 <br />