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All insurance maintained by Organizer shall be primary and non - contributory with respect to any insurance, if
<br />any, maintained by TOUR.
<br />2. Limitation of TOUR Liability. Organizer agrees that, in performing its obligations
<br />hereunder, it shall not incur or purport to incur any obligation or liability on behalf of the TOUR or the TOUR
<br />Indemnified Parties.
<br />3. Indemnification.
<br />A. Organizer Indemnification. Organizer shall indemnify, defend and hold the TOUR
<br />Indemnified Parties harmless from and against any and all suits, claims, demands, liabilities, costs and
<br />expenses (including reasonable attorneys' fees) resulting from any claim, action or proceeding brought by
<br />any third party against any of the TOUR Indemnified Parties resulting from:
<br />i. Breach. The material breach, or alleged breach, by Organizer of its
<br />obligations, representations or warranties herein;
<br />ii. Property Damage, Injury or Death. Personal injury, property damage, or
<br />death occurring at the Tournament Site or caused by Organizer in the course of its exercise of its rights and
<br />obligations under this Agreement, except for those claims arising solely due to the gross negligence or willful
<br />misconduct of the TOUR; and /or
<br />iii. Unauthorized Use of Intellectual Propert y. Any unauthorized use by
<br />Organizer, and /or its employees, agents and licensees of any individual right of publicity, trademark, service
<br />mark, or copyright pursuant to this Agreement
<br />B. TOUR Indemnification. The TOUR shall indemnify, defend and hold Organizer
<br />Indemnified Parties harmless from and against any and all suits, claims, demands, liabilities, costs and
<br />expenses (including reasonable attorneys' fees) resulting from any claim, action or proceeding brought by
<br />any third party against any of the Organizer Indemnified Parties resulting from:
<br />i. Breach. The material breach, or alleged breach, by the TOUR of its
<br />obligations or representations or warranties herein; and /or
<br />ii. Property Damage, Injury or Death. Personal injury, property damage, or
<br />death caused by the TOUR in the course of its exercise of rights and obligations under this Agreement,
<br />except for those claims arising solely due to the gross negligence or willful misconduct of Organizer
<br />VIII. INTELLECTUAL PROPERTY
<br />1. Tournament Logo. The Tournament Logo shall be solely owned by the TOUR.
<br />Organizer hereby agrees to assign, transfer, set over and convey irrevocably and exclusively to the
<br />TOUR any rights, title and interest in and to the Tournament Logo which the Organizer has, believes it
<br />has, or may claim to have in the future, including, but not limited to, all intellectual property rights therein.
<br />In addition to, and not in limitation of, the foregoing, Organizer shall not at any time acquire or claim any
<br />right, title or interest of any nature whatsoever in any property of the TOUR by virtue of this Agreement or
<br />the TOUR's ownership of the Tournament Logo. Neither Party will do or cause to be done any act or
<br />thing contesting or in any way impairing or tending to impair the right, title and interest of the other Party
<br />in and to its respective name, marks and designations, or any copyright, trademark or service mark
<br />pertaining thereto, nor will it attack the validity of the rights or licenses granted hereunder. Organizer will
<br />not adopt or use any trademark or logo which is likely to be similar to or confusing with the TOUR's name,
<br />logo, marks or designations, or any copyright, trademark, or service mark pertaining thereto. Organizer
<br />agrees to execute any document reasonably requested by the TOUR to effectuate the TOUR's rights in
<br />the Tournament Logo, within ten (10) business days of such request, without additional consideration.
<br />2. TOUR Intellectual Property.
<br />021512. Blackthom .FGTAToumament.DRAFT(2)K &PCS comments
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