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Docusign Envelope ID:65210537-BO88-4131 13-859F-8095C803E51D6
<br /> (e) Promotion; Intellectual Ptoperty. The Community Partner shall seek prior approval from KABOOMI and/or
<br /> the Funding Partner for any materials that reference the Project or contain the name, trademarks, service
<br /> marks,logos and other intellectual property(collectively,and togetherwith all goodwill attached or which shall
<br /> become attached to any of them, the"Marks") of KABOOM! and/or the Funding Partner, including press
<br /> releases,tilers,and promotional materials. The Community Partner acknowledges and agrees that each of
<br /> KABOOMI and the Funding Partner is the sole owner of all rights, title, and interest in and to its respective
<br /> Marks. The parties acknowledge that KABOOMI and the Funding Partner may take all steps to protect their
<br /> Marks as they deem appropriate. Any use of the Marks will inure to the sole benefit of KABOOMI or the
<br /> Funding Partner(as applicable). The Community Partner shall not use the Marks in any manner that would
<br /> harm the reputation of KABOOMI or the Funding Partner or disparage or negatively reflect upon the Marks.
<br /> Upon expiration of or termination of this Agreement for any reason, the Community Partner shall cease all
<br /> use of the Marks. The Community Partner shall collaborate with KABOOM!and the Funding Partner to secure
<br /> media coverage for the Project.
<br /> (f) SiSignage. The Community Partner shall allow the names and logos of KABOOM!and the Funding Partner to
<br /> be displayed on permanent signage(a copy of which has been provided)and shall be no greater than 19'/2
<br /> inches wide by 30 '/ inches tall and mounted on poles in a mutually agreed location. If applicable, the
<br /> Community Partner shall allow individual instructional signs to accompany the equipment.
<br /> (g) Costs. The Community Partner is solely responsible for and shall hold KABOOMI and the Funding Partner
<br /> harmless from any costs incurred by the Community Partner for any prior site preparation, upgrades, or
<br /> improvements,or any equipment or materials purchased to supplement those secured by KABOOMI.
<br /> (h) War rants. The equipment and the safety surfacing related to the Project may be covered under warranty by
<br /> the applicable manufacturers(a copy of which has been provided). The Community Partner acknowledges
<br /> that any warranties and/or guarantees on any equipment or material are subject to the respective
<br /> manufacturer's terms thereof,and the Community Partner agrees to look solely to such manufacturers for any
<br /> such warranty and/or guarantee. Neither KABOOMI nor the Funding Partner nor any of their respective
<br /> affiliates, directors, officers, managers, partners, members, shareholders, employees, agents or
<br /> representatives, have made nor are in any manner responsible or liable for any representation,warranty,or
<br /> guarantee, express or Implied, in fact or in law, relative to any equipment or material, including its quality,
<br /> mechanical condition or fitness for a particular purpose.
<br /> (1) I surance. The Community Partner is self-insured and is responsible for providing coverage for its own
<br /> employees and against liability for bodily injury,death and property damage that may arise out of or be based
<br /> on the use of the playground at"Community Partner location",from 7(seven)calendar days before the Build
<br /> Day and for a minimum of one year afterward, in each case, in amounts not less than one million dollars
<br /> ($1,000,000). This self-insurance shall be primary and non-contributing with any other insurance covering
<br /> KABOOM!and its funding partners.
<br /> 0) indemnification. The Community Partner shall indemnify and hold harmless KABOOMI,the Funding Partner
<br /> and their respective affiliates, directors, officers, managers, partners, members, shareholders, employees,
<br /> agents,and representatives from any and all losses,liabilities,claims,actions,fees,and expenses(including
<br /> interest and penalties due and payable with respect thereto and reasonable attorneys'and accountants'fees
<br /> and any other reasonable out-of-pocket expenses Incurred in investigating, preparing,defending, or settling
<br /> any action), including any of the foregoing arising under, out of or in connection with any breach of this
<br /> Agreement, resulting from any actions taken by the Community Partner associated with this Project or
<br /> resulting from the use of any play property and equipment, including those for personal injury, death, or
<br /> property damage, except to the extent resulting from the gross negligence or willful misconduct of such
<br /> indemnified person. This provision shall survive any termination or expiration of this Agreement.
<br /> (k) Date and Reporting.The Community Partner shall distribute and complete play-related surveys,provided by
<br /> KABOOMI, to its stakeholders, including parents/caregivers,volunteers, and staff(1)promptly following the
<br /> execution of this agreement (ii) 2 weeks following the completion of the Project (iii) 12 months after the
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