2009-067 Rec & Parks - Triangle Orthopaedic Associates - Naming Rights And Sponsorship Agreement - West Ten Soccer Fields

Browse Search

material breach of any provision of this Agreement by TOA, if such breach is not cured within thirty (30) days after TOA receipt of written notice from Orange County. (d) The provisions of Sections 9, 10, 12, 17, 18, 19, 20 and 21 shall survive expiration or termination of this Agreement. 4. RIGHTS AND BENEFITS. (a) Naming Rights. During the Term of this Agreement, the name of the Concessions Building will be "The Triangle Orthopaedics Building" or any other name substituted by TOA as hereinafter provided. During the Term of this Agreement, Orange County will use only that name, or any name substituted by TOA pursuant to this paragraph, as the exclusive name of the Concessions Building. TOA may from time to time request a substitution of its name for some other name to be designated by TOA. The new name shall be substituted only if Orange County gives consent, which consent shall not be unreasonably withheld. To the extent signs must be altered as a result of a name substitution, TOA shall bear all reasonable costs associated with changing the signs that display the previous name of the Concessions Building. (b) ~onsorships and Advertising During the Term of this Agreement and extensions or renewals thereof, Orange County agrees that no sponsorships or other forms of advertisement relating to the practice of orthopaedics surgery and/or urgent care industry may be offered or provided to third parties without the prior written approval from TOA, which approval shall not be unreasonably withheld. In addition, Orange County agrees that it will not offer or provide or accept sponsorships or sell or accept advertising at the Facility to persons or entities whose business reputation or ongoing business activities might reflect adversely upon the image and reputation of TOA, in the reasonable judgment of TOA. (c) Exclusive Si rg_iaae. (1) Orange County, at its expense, will design, install and maintain signage in the Facility recognizing TOA as the naming sponsor of the concession/restroom building. The concession/restroom building signs will be on two sides of the building, not to exceed 32 square feet each. The designation "Triangle Orthopaedics" will be the prominent feature. There will be no other signage on the Facility, and TOA will be the only entity displayed or named thereon. The design of artwork for this sign will be communicated to TOA for their approval prior to construction, which approval shall not be unreasonably withheld. 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 TOA. (2) Orange County may own, or lease, and operate one or more mobile concession stands/carts at the Facility and at other locations of Orange County Parks and Recreation locations. Orange County, at its expense, will design, install and maintain signage on each of said carts recognizing TOA as the naming sponsor of said carts, the design of said signage to be subject to the prior written approval of TOA. Said carts and signage are to be maintained in good condition and utilized on a regular basis at the facility and other Orange County locations. (3) During the Term of this Agreement, no other signage or advertising displays will be placed on the Facility or any of the mobile concession stands/carts without the prior written approval of TOA. 5. SPONSORSHIP FEE. Unless this Agreement is terminated earlier, TOA shall pay to Orange County Six Thousand Dollars ($6,000) per year, for a total of Thirty Thousand Dollars ($30,000) (the TRII\701846v1 2