Orange County NC Website
Page 2 of 12 <br />2.4.2. Upon a material breach of any provision of this Agreement by Sports Endeavors, if such <br />breach is not cured within thirty (30) days after Sports Endeavors receipt of written notice <br />from Orange County. <br />2.5. The provisions of Sections 8, 10, 16, 17, 18, 19, and 20 shall survive expiration or termination <br />of this Agreement. <br /> <br />3. SPORTS ENDEAVORS RIGHTS AND BENEFITS <br />3.1. Naming Rights. <br />3.1.1. Sports Endeavors shall have the exclusive right to retain the Facility name <br />“SOCCER.COM” or such other Facility name containing “SOCCER.COM” as may be <br />agreed upon between Sports Endeavors and Orange County (the “Facility Name”). <br />3.1.2. All references to the Facility, regardless of media, including any electronic forms of such <br />media, made by Orange County will include SOCCER.COM. Such references shall <br />include, but not be limited to, all marketing materials, press releases, television and radio <br />advertisements, promotions or announcements, tickets, ticket order forms, newspapers, <br />magazines and any other print materials, and the Facility website (“Promotional Media”). <br />3.1.3. Orange County agrees that no sponsorships or other forms of advertisements relating to <br />the Facility may be offered to third parties in the soccer, lacrosse, or rugby industry without <br />prior approval from Sports Endeavors, which approval shall not be unreasonably withheld. <br />In addition, Orange County agrees that it will not offer sponsorships or sell advertising to <br />persons or entities whose business reputation or ongoing business activities might reflect <br />adversely upon the image and reputation of Sports Endeavors. <br />3.2. Signage <br />3.2.1. Unless otherwise stated herein, Orange County will design, install and maintain signage <br />in the Facility recognizing Sports Endeavors/SOCCER.COM as the naming sponsor of <br />the Facility. Appropriate lighting will be provided and maintained, at a minimum, for the <br />main entrance sign. The main entrance sign will be a two sided high density urethane <br />fabrication measuring 72” x 36”. The designation “SOCCER.COM” will be the <br />prominent feature. The sign will also identify Orange County Department of <br />Environment, Agriculture, Parks and Recreation and will include the Orange County <br />Department logo and/or the Orange County logo as well as the SOCCER.COM logo. The <br />design of artwork for this sign will be communicated to Sports Endeavors for their <br />approval prior to construction. <br />3.2.2. Orange County shall continue to use its best efforts to obtain approval from the North <br />Carolina Department of Transportation and other governmental agencies for the <br />placement of a minimum of two (2) directional highway signs that contain the Facility <br />Name. <br />3.2.3. Orange County shall use best efforts to see that permanent signage is not modified, <br />covered, or digitally manipulated in visual images without the prior written approval of <br />Sports Endeavors. <br />3.2.4. Orange County shall place an inward facing banner that prominently displays the <br />Soccer.com logo that runs the entire length of the fence around the Facility and that <br />covers from the bottom half of the fence up to, at minimum, a height halfway up the fence <br />(as opposed to the entire height of the fence). See Exhibit A as an example. <br />3.2.5. Orange County shall place a two-sided sign, to be designed and located in the mutual <br />discretion of the parties, that prominently displays the Soccer.com logo at the main walk- <br />in entrance of the Facility, which shall be no smaller than the current logo of <br />4