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and surrounding areas and actions of 3rd parties, and releases FGTA, LLC d/bla Symetra
<br />Tour and its affiliates, tournaments and their host sites, sponsors, host organizations,
<br />players, volunteers and all agents thereof from all liability resulting from attendance at the
<br />tournament, (2) grants permission to FGTA, LLC to utilize the holder's likeness incidental to
<br />any promotion of FGTA, LLC in any form of media, now known or hereafter developed, (3)
<br />agrees not to transmit or facilitate transmission of any description, picture or reproduction of
<br />any FGTA, LLC event, including scoring - related data, without the written permission of
<br />FGTA, LLC, (4) consents to the reasonable inspection of person and property for security
<br />purposes, (5) agrees not to seek autographs of players during Tournament rounds and (6)
<br />agrees to abide by ap policies established by FGTA, LLC and the event and refrain from use
<br />of fouUabusive language or obscene gestures, or otherwise engage in inappropriate,
<br />disruptive, or illegal behavior, and that any violation related thereto may be cause for
<br />revocation of ticket and removal from the event. Prohibited items include cameras (allowed
<br />before competition days only), coolers and firearms.
<br />E. Sponsor Benefit Fulfillment. Organizer shall be responsible for organizing and
<br />ensuring the fulfillment of all sponsor benefits deliverable in connection with the Tournament during the
<br />Term, including delivery of Title Sponsor benefits attached hereto as Exhibit "C ", as if it had contracted
<br />directly with the Title Sponsor for the delivery thereof. Furthermore, Organizer acknowledges and agrees
<br />that failure to deliver such sponsor benefits shall be considered a material breach hereof. Organizer
<br />further understands that any such failure will cause serious harm to the TOUR. Additionally, Organizer
<br />agrees to indemnify and defend TOUR against any and all claims made by Title Sponsor arising from
<br />Organizer's performance or non - performance in connection with its delivery of such benefits to Title
<br />Sponsor.
<br />i. Budget For Sponsor Fulfillment. In delivering the Title Sponsor benefits,
<br />Organizer agrees that it will comply with the fixed expense budget set forth in Exhibit "F ". Organizer shall
<br />be responsible for paying any and all expenses above and beyond those allocated in Exhibit "F ". The
<br />Tournament Budget may be updated by mutual written agreement of the parties from time to time during
<br />the Term.
<br />ii. Title Sponsor's Exclusivity. Notwithstanding anything to the contrary
<br />herein, Organizer shall (a) not sell a title sponsorship to any third party; (b) not sell any Tournament asset to
<br />any third party who conducts business in the resort, gaming and /or casino categories (acknowledging that
<br />Title Sponsor shall be the exclusive and only supporter of the Tournament in such categories); and (c) not
<br />sell a presenting or other naming rights sponsorship of the Tournament without first obtaining the TOUR's
<br />prior written approval; (d) not sell to any third party any of the assets listed in Exhibit "C "; and (e) not sell any
<br />assets related to the Wednesday of Tournament Week pro -am (which shall be exclusively for Title Sponsor),
<br />Tournament junior clinic, and /or the Tuesday of Tournament Week reception. Additionally, Organizer agrees
<br />that if shall not sell any Tournament asset greater than Five Thousand Dollars ($5,000) in the financial
<br />services or life insurance categories. The financial services category shall mean any companies or
<br />corporations associated with the financial sector (i.e., banks, investment firms. insurance companies, etc.).
<br />Organizer shall be permitted, however, to sell Tournament assets to credit card companies and /or credit card
<br />divisions of multi -line financial services companies.
<br />F. Tournament Merchandise. Unless the TOUR does not have a licensee in a
<br />particular category, Organizer shall make commercially reasonable efforts to obtain goods and
<br />merchandise displaying the TOUR Marks from official TOUR licensees. Organizer may not display the
<br />TOUR Marks on the packaging of, or affix the TOUR Marks to, goods or merchandise of any kind
<br />(including without limitation merchandise provided to Tournament Pro -Am participants, volunteers,
<br />officials and staff), regardless of whether such goods and merchandise are sold or given away, without
<br />the prior written approval of the TOUR. The use or incorporation of the TOUR Marks in connection or
<br />conjunction with the Tournament Logo shall be subject to the prior written approval of the TOUR, which
<br />approval shall not be unreasonably withheld. At the request of the TOUR, Organizer shall allow TOUR
<br />branded merchandise to be sold at the Tournament at such locations as the Parties may reasonably
<br />021512.Blackthom.FGTAToumamenl DRAFT(2)K &PCS comments
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