License Agreement - Monument of Martin Luther King, Jr in Leighton Plaza

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LICENSE AGREEMENT This License Agreement (this "Agreement") is made this 91h day of August, 2016 between Intellectual Properties Management, Inc. as Manager for the Estate of Martin Luther King, Jr. (hereinafter referred to as "Licensor"), and City of South Bend, Indiana, acting by and through its Board of Public Works, located at 227 West Jefferson Blvd., Ste. 1316, South Bend, Indiana 46601 (hereinafter referred to as "Licensee"): 1. License: Licensor grants Licensee a non-exclusive license to use the Licensed Property in and on the Project for the Term as follows: a. Effective Date: Upon parties' full execution of this Agreement b. Term: Perpetuity C. Territory: South Bend, Indiana d. Language: English e. Project: Oversize bronze statues honoring Dr. King and Father Theodore Hesburgh, C.S.C., as described in attached Exhibit A f. Licensed Property: Likeness of Dr. King to be used on oversize bronze statue alongside oversize bronze statue of Fr. Hesburgh g. Rights: (i) Public display of the Project; (ii) non-commercial photographic uses incidental to public display of the Project; and (iii) non-commercial creation of limited number of replicas for sponsors and donors of the Project. 2. Other Terms: Licensee acknowledges that the Licensoe's authorization to Licensee to use the licensed property are limited to the rights granted herein. Licensee shall not use the Licensed Property in a way that tarnishes the Licensed Property, Licensor, or the legacy of Dr. Martin Luther King, Jr. Any use of Dr. King's name, image, likeness, persona, identity, words, recorded voice, rights of publicity, or any other portrayal of Dr. King (whether part of the Licensed Property or not) under this License, that is outside of the scope of what is described in the Exhibit A must be separately approved by Licensor. This provision is additionally binding upon any affiliates, successors or assigns of Licensee. Licensee's license to use the Licensed Property is not assignable without Licensor's prior written approval. Licensor does not "endorse" the Licensee, and that term and similar terms shall not be used by Licensee to describe this License. This license is also in no way an endorsement of the views policies opinions statements and actions of the persons featured in the proiect. "LICENSE GRANTED BY INTELLECTUAL PROPERTIES MANAGEMENT, ATLANTA, GEORGIA, AS EXCLUSIVE LICENSOR OF THE KING ESTATE" must be the attribution noted in Licensee's records. Licensor shall receive one photograph of completed statue for its records.