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FGTA, LLC TOURNAMENT SANCTION AGREEMENT
<br />THIS FGTA, LLC TOURNAMENT SANCTION AGREEMENT (this "Agreement ") is entered into
<br />and made effective on this _ day of January, 2012, by and between FGTA, LLC d /b /a Symetra Tour,
<br />with offices at 100 International Golf Drive, Daytona Beach, FL 32124 -1092 (the "TOUR "), and the City of
<br />South Bend, d /b /a Blackthorn Golf Club , located at 6100 Nimtz Parkway, South Bend, Indiana 46628,
<br />( "Organizer"). The TOUR and Organizer are sometimes referred to herein as the "Party" or "Parties," as
<br />the context requires.
<br />WITNESSETH:
<br />WHEREAS, the TOUR is the organization established to promote, develop, establish and
<br />maintain high standards for women's professional golf as a developmental tour for golfers seeking to
<br />become LPGA tour players; and
<br />WHEREAS, the TOUR owns, conducts, co- promotes and /or sanctions women's professional golf
<br />tournaments and related activities; and
<br />WHEREAS, Organizer, or a department thereof, is the owner of the Tournament Site and
<br />Organizer represents that it has the authority to negotiate and execute this Agreement; and;
<br />WHEREAS, Organizer desires to organize and operate a women's professional golf Tour
<br />tournament and pro -am event in connection with the tournament;
<br />NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein,
<br />the Parties agree as follows:
<br />I. DEFINrnoNS. As used in this Agreement, the following terms and phrases shall be defined as
<br />follows (any reference to a capitalized term within a definition refers to the definition of such term in this
<br />Section 1):
<br />1. Agreement shall mean this FGTA, LLC Tournament Sanction Agreement, in its entirety,
<br />including all attached Exhibits.
<br />2. Brand Graphics Guidelines shall mean the document illustrating the ways in which
<br />Organizer may use the TOUR Marks in connection with the Tournament.
<br />3 TOUR Indemnified Parties shall mean the TOUR, Symetra Life Insurance Company,
<br />Pokagon Gaming Authority d /b /a Four Winds Casino Resort, and their affiliated and parent companies,
<br />members, managed members, employees, agents, sponsors, volunteers, and licensees, and such other
<br />entities as the TOUR may reasonably designate.
<br />4. TOUR Marks shall mean the TOUR name, logo, and other trademarks or service marks
<br />owned by or licensed to the TOUR.
<br />5. TOUR Official Event Logo shall mean the logo illustrated in Exhibit "A ".
<br />6. Force Majeure Event shall mean any unforeseeable occurrence beyond the reasonable
<br />control of a Party that prevents such Party from fully performing its obligations hereunder, or that leads to
<br />the cancellation or postponement of the Tournament, including, without limitation, acts of God, criminal
<br />acts, acts of war, explosions, epidemics, civil disturbances, labor problems, or unforeseeable and
<br />unavoidable actions by governmental authority (whether valid or invalid) (for avoidance of doubt, the
<br />Parties agree that lack of financial resources shall not constitute a Force Majeure Event).
<br />LPGA shall mean the Ladies Professional Golf Association.
<br />8. Manager shall mean Organizer's Tournament Site management agent, Kitson & Partners
<br />(Club Services) LLC.
<br />021512. Blackthom .FGTATournament.DRAFT(2)K &PCS comments
<br />1
<br />Comment [3K21: lime - please
<br />adNise who owns the golf course
<br />Ddfeient city agencies were rerctenced in
<br />your opciaGons management agreement
<br />and I couldn't tell
<br />
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