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Docusign Envelope ID : 177AA06A-30B442FF-A85A-78B5A7C51DBE <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 /> 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 /> 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 /> 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 /> 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 /> 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 /> 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 />