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<br />competitive with the business of the Facility. Manager covenants and agrees that even <br />though it may have a management responsibility for other similar properties, which from <br />“time to time" may be competitive with the Facility, Manager shall always represent the <br />Facility fairly and deal with Owner on an equitable basis. <br />Manager has the right to display its brand and marks in the Facility and on the <br />Facility’s marketing materials in a manner that does not exceed 10% of the overall <br />impression of the Facility’s own brand. Manager has the right to use and store the <br />database and contact information of the customers of the Facility. Manager will provide <br />from time-to-time images and other marketing material that it owns and holds the license <br />to for use by the Facility. Manager agrees Owner may use those images and that material <br />at Owner’s discretion. Manager has the right to use images and marks from the Facility <br />for its own marketing and promotions material without restriction while the Manager is <br />engaged to operate the Facility. <br /> <br />13.2 Assignment. This Agreement shall not be assigned by either party without <br />the express written consent of the non-assigning party. Any such assignment made <br />without proper consent shall be deemed void. <br /> <br />13.3 Benefits and Obligations. The covenants and agreements herein contained <br />shall inure to the benefit of and be binding upon the parties hereto and their respective <br />heirs, executors, successors, and assigns. There are no third-party beneficiaries of this <br />Agreement and nothing in this Agreement, express or implied, is intended to confer on any <br />person other than the parties hereto (and their respective successors, heirs and permitted <br />assigns), any rights, remedies, or obligations. <br /> <br />13.4 Fees for Legal Advice. Except as otherwise provided in Section 12.3 each <br />party is responsible for its own legal fees and costs. <br /> <br />13.5 Fees for Other Professional Services. Unless otherwise provided for <br />herein each party is responsible for its own professional services fees and costs. <br /> <br />13.6 Building Compliance. Manager shall notify Owner promptly, or forward to <br />Owner promptly, any complaints, warnings, notices, or summonses received by Manager <br />relating to building code compliance or related matters. Manager and Owner shall <br />promptly determine an appropriate response. Owner represents that to the best of <br />Owner's knowledge, the Facility and all Capital Equipment contained therein comply with <br />all applicable building codes. <br /> <br />13.7 Notices. Except as otherwise provided herein, all notices provided for in this <br />Agreement shall be in writing and served by registered or certified mail, return receipt <br />requested, postage prepaid, at the following addresses until such time as written notice of <br />a change of address is given to the other party. Notice to Manager is effective upon receipt <br />by the Manager or the recipient at any alternate or copied address. The effective date of the <br />notice is the delivery date shown on the receipt. <br /> <br />Docusign Envelope ID: 177AA06A-30B4-42FF-A85A-78B5A7C51DBE