FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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Exhibit 4 10. Publicily Material and Recognition: (a) Grantec, upon written approval by the Foundation, shall recognize the Foundation and acknowledge the Grant in Grantee's written material;, new; release;, website and related rnarkclinu Or publicity. (b) I he Foundation shall have the right to publicize, show photographs Of' and use the name Of the Mini Pitch and otherwise promote its contributions in any and all media, including the Internet. Grantee authorizes the Foltndatlon to Tltilize those logo or logos, owned or COIIt[ tilled by Grantee and associalcd with the Grant 1'rglccl, for rclxlcd markctin- and/or publicity. Foundation will indemnify Gramce for any claim of intellectual property, trademark. or copyrighl infringement related to the use of Foundation's marks or logos. (c) Gl'anCCc aglvvs to hilly atNsist and coopCrarc ill a mllttl:illy acceptable dedicatioll event, Should the Foundation request, Such, which may include appearances by athletes JI'llhaled with the Foundation. 11. Awareness OpporitlnhieS: GralltCC; gralltS 10 17OLllldalloll the right to pcituallently place Foundation's trademark, trade name or ally de51g11/logo owned Or controlled bj 1OUndatloll (each, a "Mark" and together, the `Marks'), and/or that of its I'unding partner,, on the surface 014 dle Mini Pitch. Unless Foundation chooscs to foicgo the right, Standard Main, will bo included dtuing installation (if the Mini Pitch, per the renderin_ found in Attachment A. Foundation may change its Marks at any time in its sole discretion and al ils sole cost. Each Mark will remain on the Surface of die Milli Pitch for as long as the Mini Pitch is operational, unless removed by Fotndation or unless Foundation otherwise gives its written consent to the removal of -such Mark. Foundation will indemnify Grantee for any claim of intellectual properly, Iradcmaik or copyright inlringclncnt rclatcd to the use of Foundation's nlarkS or logos. Additionally, Grantee will allow Foundation to install signs/banners on the premises on which the Mini Pitch is built, pa the rclid crifig fimnd in Attachment A, in order to promote and recrlgnize the Foundation and (fiber fenders for their cunuihution to the Mini Pilch. 12. Grant Not Assiunable: Grans is intended solely lot Lhe benefit ofOrantee. No benefit of the Chant may be delegated, assigned or othawi;c tranStcr'red widwut the advance, written eimsutt of Filundatiiul, which conscm shall be in the sole and ah,olute discretion of Foundation. 13. Proper Authority: Fach ol'the parties and nN officers reprcecnt and warrant that they are authorizer) to C11lcr into dli3 Agrccnlctn and cXccok' 1110 sank willtoul fLlriller aLlth011ty. 14. Absence of Warranties: FOUNDA I'ION MAKItS NO RI.PRI.SI N"I A IIONS OR WARRAN I WI '. ' Oh ANY KIND, F:IIHF,R EXPRESS OR [Mill IFD, AS 10 ANY MAf fER INCI.UDINCi, HLT NO LIMITED TO_ IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCI ]ANTABILIIY OROTI IERWISF RELATING TOTI IF, MINI PH (A I OR ANY COMPONENT PART TTTERFOF, OR ANY OTHER FNTTTTES' ANT) TTTF.TR ASSOCTATRD SFRVTC N'. IN NO LVLN1' WILL YOUNDATION 11L L1ABLL 1OR ANY DAMAGES 01 ANY KIND INCLUDING, BUT NOT LIMITED 1'0, PERSONAL INJURY, LOST' PRO11TS, OR 0111ER CONSEQLIEN'11AL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT OR PFRFORMANCF OF TI IF OBLIGATIONS I IFRFt fNDFR- 15. Assumption of Risk: 6r.mtce hereby agrccS to assume all risks and liabilities associated svilll the usc, Operation, maintenance, safety and condition of the Mini Pitch. City Council I 10 — 11 7/6/2021