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40TH UNITED STATES SENIOR OPEN <br />CONTRACT— VENUES PARKS AND ARTS <br />TERMS AND CONDITIONS <br />THIS AGREEMENT ("Agreement") is made and entered between the University of Notre Dame Du Lac, host of the 2019 Senior Open Championship <br />(the "Host"), and the person or entity named on the reverse of this Agreement (the "Supporter") (individually a "Party" and, together, the <br />"Parties"). <br />1. Term. The term of this Agreement (the "Term") shall commence on the Acceptance Date set forth on the reverse of this Agreement next to the <br />Host representative's signature and shall continue, unless earlier termination as provided for herein, through the Tuesday immediatelyfollowing <br />the 2019 U.S. SENIOR OPEN (the "Event"), unless otherwise stated. <br />2. Ppyrrrent. Supporter will be invoiced in accordance with the payment terms described on page one of this agreement and the attached Payment <br />Schedule, which is incorporated herein by reference. Supporter shall be responsible to pay any and all sales or other similar taxes to the extent <br />applicable. <br />3. Benefits Subscribed, Supporter is investing in one or more Event benefits as indicated on the first page of this Agreement, subject to the terms <br />and conditions of the "Schedule of Benefits" attached hereto, which is incorporated herein by reference. The Host will use reasonable efforts <br />so that Event benefits will be in accordance with those customarily provided at similar events sponsored by the United States Golf Association. <br />4. pefautlt ercn'Lroation. In addition to all other rights and remedies available at law or in equity, either Party hereto shall be entitled to terminate <br />this Agreement by giving written notice to the other Party hereto if the other Party hereto shall have failed, within fifteen (15) calendar days for <br />payment failures and ninety (90) calendar days for all other failures after receiving written notice of the same, to remedy any material default <br />or breach by it of any provision of this Agreement or any warranty or representation made by it hereunder. All rights, remedies, and powers <br />conferred upon the Parties under this Agreement shall be deemed cumulative and not exclusive of any rights, remedies, or powers available at <br />law or in equity. <br />5. Intellectual Property. Neither Party shall use the names, trademarks, service marks, copyrights, call letters, trade names, or photographs of the <br />facilities or products of the other Party for any purpose, except as provided for in this Agreement, without the express prior written consent of <br />the subject Party of each proposed use and any such use must be accompanied by the appropriate trademark, service mark, copyright, or other <br />designation required by the owner of such property. Any license, consent, or permission and all such uses shall terminate upon the expiration <br />of the Term of this Agreement. However, notwithstanding the foregoing, Supporter acknowledges that its name, trademarks, service marks, <br />copyrights, call letters, trade names, or photographs of the facilities or products may be photographed, recorded, broadcast, distributed, or <br />otherwise reproduced and disseminated by reporters, television broadcasters, bloggers, photographers, news media, and other individuals <br />covering the Event and Supporter hereby consents to such acts. <br />This Section 5 shall survive the termination of this Agreement, but only with respect to acts or omissions occurring during the term hereof. <br />S. S_igrti Removal g4 ;, All signage is the property of the Host. Upon termination or expiration of this Agreement, the Host, at its expense, shall <br />remove all signs identifying Supporter at the Event and, to the extent that there is any property which has been brought onto the premises by <br />Supporter in the performance of its obligations under this Agreement, the Host shall allow Supporter to remove such property at the sole <br />expense of Supporter. Supporter shall make all removals immediately after the conclusion of Event competition and all removals must be <br />completed no later than 48 hours following the completion of the event. Any property of Supporter remaining after that date shall become the <br />property of the Host. Supporter is solely responsible and liable for any loss or destruction of property brought onto the premises by Supporter, <br />its agents, guests or invitees. <br />7. Notices. Notice by any Party hereunder shall be deemed given when: (1) hand delivered; (2) mailed, postage prepaid, certified or registered, <br />return receipt requested; or (3) sent by guaranteed twenty-four hour delivery service, addressed to the other Party at the addresses appearing <br />on the face of this Agreement; provided that either Party may, by written notice to the other Party as set forth herein, change the address to <br />which any such notice shall be sent. <br />8. Waive s.Arneqcl gets, etc. No failure or delay by any Party to this Agreement in exercising any right, power or remedy that it may have under <br />this Agreement shall operate as a waiver thereof of any right, power or remedy, nor shall any single or partial exercise by any Party of any such <br />right, power or remedy preclude any other or further exercise thereof of any other right, power or remedy. No waiver of any provision of this <br />Agreement and no consent to any departure therefrom shall be effective unless in writing and signed by each Party hereto, and then such waiver <br />or consent shall be effective only in the specific instances and for the purposes for which such waiver or consent is given and to the extent <br />specified in such writing. No notice to or demand on any Party shall in any case of itself entitle any Party to any other or further notice or <br />demand in similar or other circumstances. This Agreement sets forth the entire understanding between the Parties hereto with respect to the <br />subject matter hereof, and no modifications or amendment of or supplement to this Agreement shall be valid or effective unless the same is in <br />writing and signed by the Party against whom it is sought to be enforced. <br />G,I'-OAMs° ON` H1' VDF4iES: 4,11\11 24 30,2019 <br />