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Page 4 of 12 <br />in each such year with funds provided by other businesses and/or donors to the Facility. If Sports <br />Endeavors exercises its option pursuant to Section 2.2 above, payment for the successive term and <br />payment for matching funds shall be negotiated at such time for such optional term and the option <br />will not become effective until the amount of payment is agreed upon by both parties. <br /> <br />5. INTELLECTUAL PROPERTY <br />5.1. Sports Endeavors grants Orange County the right to use its trademarks, trade names and service <br />marks, including the Sports Endeavors and SOCCER.COM logos (“Sports Endeavors Marks”) <br />solely in connection with the identification of the Facility and use on the Promotional Media. <br />Prior to use of the Sports Endeavors Marks in the Promotional Media or on signage, Orange <br />County shall provide Sports Endeavors with examples of proposed uses prepared by or for <br />Orange County for review and approval. Orange County acknowledges that its use of the Sports <br />Endeavors Marks shall inure to the sole benefit of Sports Endeavors and shall not create any <br />right, title or interest in same in favor of Orange County. Orange County agrees to comply with <br />Sports Endeavors’ guidelines as may be provided to Orange County from time to time <br />concerning use of Sports Endeavors Marks. Sports Endeavors reserves the right to prohibit the <br />use of Sports Endeavors Marks, or to modify any materials depicting Sports Endeavors Marks, <br />if in its sole judgment such use may be illegal, misleading, or inappropriate. <br />5.2. Orange County grants Sports Endeavors 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 and Orange County related to the Facility. <br />5.3. Orange County grants Sports Endeavors the right to use the Orange County logo, which is a <br />registered mark with the North Carolina Secretary of State’s office, solely in connection with <br />the identification of the Facility. Sports Endeavors acknowledges that its use of the Orange <br />County logo shall inure to the sole benefit of Orange County and shall not create any right, title <br />or interest in same in favor of Sports Endeavors. Sports Endeavors agrees to comply with <br />Orange County’s guidelines as may be provided to Sports Endeavors from time to time <br />concerning use of its logo, or to modify any materials depicting its logo, if in its sole judgment <br />such use may be illegal, misleading or inappropriate. <br />5.4. Each party shall provide a single point of contact for any approvals required under the <br />Agreement (“Approval Coordinator”), as named below: <br /> <br />For the County: Bonnie Hammersley, County Manager <br />Orange County Manager’s Office <br />P.O. Box 8181 <br />Hillsborough, NC 27278 <br /> <br />For Sports Endeavors: Brian Berklich, CMO <br /> Sports Endeavors, Incorporated <br />431 US Highway 70A East <br /> Hillsborough, NC 27278 <br /> <br /> With a copy to: J. Martin Morgado III, General Counsel <br /> <br />Either party may change their Approval Coordinators upon written notice to the other party in <br />accordance with this Agreement. <br /> <br />6