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J. Quality of Service. Organizer will only associate the TOUR Marks with products,
<br />services or activities meeting the highest standards of quality satisfactory to the TOUR in its reasonable
<br />discretion, and
<br />K. Prohibition of Sublicense. Organizer will not enter into any sublicense or agency
<br />agreement for the use of the TOUR Marks,
<br />3. Scoring System. The TOUR scoring system and information generated therefrom will be
<br />owned, operated, and managed by the TOUR or its agents. Organizer acknowledges that the TOUR shall
<br />have the sole and exclusive right to license, distribute, display, use, and otherwise exploit any information
<br />generated from the scoring system and that no such rights are conferred or created on behalf of Organizer
<br />hereunder.
<br />IX. OWNERSHIP OF MEDIA RIGHTS. All media rights, including without limitation: (A) rights for live or
<br />delayed broadcast, film, tape or photography, whether transmitted via television, radio, motion picture, digital
<br />signal, film production, videotape production, computer network, Internet, IPTV, wireless distribution, mobile
<br />communications device, print or any other medium or method of distribution, including, without limitation, free
<br />over- the -air broadcast, cablecast, satellite, broadband, wireless, pay television, subscription television and
<br />on- demand platforms (whether now in existence or hereafter developed, and including, without limitation,
<br />interactive applications that permit a viewer/listener /user to interact with or manipulate the presentation, or
<br />access other relevant information, during or after the presentation in any language, as well as video games);
<br />(B) statistical and scoring information in any medium; and (C) all other ancillary rights in the Tournament,
<br />including any such rights of each Player, are the sole and exclusive property of and expressly reserved by the
<br />TOUR. In that respect, the TOUR shall have the sole and exclusive right to grant such media rights as to
<br />events occurring at the Tournament Site and surrounding areas during Tournament Week to third parties. All
<br />right, title and interest in and to any broadcast, production or exhibition of the Tournament, and in copyrights
<br />and other intellectual property rights derived from such broadcast, production or exhibition, whether arranged
<br />by the TOUR, Organizer or any third party, shall be the sole and exclusive property of and are expressly
<br />reserved by the TOUR in perpetuity. Organizer agrees to take all lawful and commercially reasonable steps
<br />necessary or convenient to prevent any third person from engaging in any activity which would violate the
<br />terms of this Section IX Organizer agrees to cooperate with any entities to which the TOUR has granted or
<br />may grant such rights and to provide adequate access to the Tournament Site to such entities. Additionally,
<br />the TOUR shall retain all rights to broadcast the Tournament outside the United States. The TOUR may, at
<br />its option, grant certain media rights to Organizer, but any such rights shall be granted in a separate, written
<br />agreement.
<br />X. PUBLIC RELATIONS.
<br />1 TOUR Communications Staff. The TOUR will make available at least one (1) TOUR
<br />communications staff member to assist Organizer in its public relations efforts.
<br />2. News Releases. All news releases to be issued with respect to the Tournament shall be
<br />submitted to the TOUR Communications Manager for advance review and approval; provided, that, such
<br />approval shall not be unreasonably withheld.
<br />XI. TERMINATION The following provisions shall govern termination of this Agreement:
<br />1. Rights Upon Default. The occurrence of any one or more of the following events shall
<br />constitute a default ( "Default') under the Agreement.
<br />A. Breach. If either Party shall fail to perform or commits a material breach of any
<br />provision of this Agreement, including representations, warranties, and /or its duties or obligations specified
<br />hereunder;
<br />B. Nonpayment. If either Party fails to make any payments due hereunder on the date
<br />due,
<br />021512.Biackthom FGTAToumament.0RAFT(2)K &PCS comments
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