Common use of Civic Events Clause in Contracts

Civic Events. StadCo shall make the Stadium Complex (or such portion thereof as the County, the State or ECSC shall direct in its request therefor) available for Civic Events on the following terms and conditions: (a) Up to five (5) of such Civic Events per Lease Year shall be available for use by the County or any Person designated by the County. (b) An unlimited number of such Civic Events per Lease Year shall be available for use by the State or ECSC or any Person designated by the State or ECSC. (c) At least forty-five (45) days prior to the date of the proposed Civic Event, the County, the State or ECSC, as the case may be, shall notify StadCo in writing of the requested date for such event and shall identify in all material respects to the extent then known the nature of the event, the sponsor, the areas of the Stadium Complex to be utilized, the terms (including ticket prices, if any) of admission, the expected attendance, any special security or other arrangements and any other relevant information reasonably necessary for StadCo to perform its duties as the operator of the Stadium Complex. The notifying party shall update the content of such notice from time to time promptly upon becoming aware of any changes in the information given above and any additional relevant information of the type described above. Upon its receipt of a notice requesting the scheduling of a Civic Event, StadCo shall reserve such date for such Civic Event (unless such date has been previously reserved for another Stadium Event) and shall not schedule any other subsequently proposed Stadium Event on such date without written approval from the County, the State or ECSC, as the case may be. Notwithstanding the foregoing, in the event of a tragedy, community celebration or other sudden or unforeseen occurrence that does not provide for advance notice as contemplated above, the County, the State or ECSC may request use of the Stadium Complex for a related Civic Event scheduled fewer than forty-five (45) days after such request is made, which such request must be in writing and contain the information required of a timely notice as set forth in this Section 2.4(c). Such use of the Stadium Complex by the County, the State or ECSC on fewer than forty-five (45) days’ notice shall be subject to the consent of StadCo, which consent may not be unreasonably withheld, delayed or conditioned. (d) In no event shall any Civic Event be scheduled on any date that has been reserved for a Game. Additionally, in no event shall any Civic Event be scheduled on any date that has been previously reserved for StadCo’s Event or another Civic Event where such Civic Event would have a material negative effect on the previously reserved StadCo’s Event or Civic Event. The County, the State, ECSC and StadCo shall exercise good faith and cooperate with one another in the event of potential conflicts that may arise between proposed events. (e) In no event shall any Civic Event be a professional football game or other professional sporting contest, nor shall any Civic Event include an event or activity that reasonably may be expected to cause damage to the Playing Field that cannot reasonably be repaired by StadCo prior to the next Game. (f) Following any Civic Event sponsored by the County, the State or ECSC, StadCo shall promptly invoice the sponsoring Public Entity for all Civic Event Expenses for such Civic Event, and shall include with such invoice copies of appropriate back-up documentation evidencing such Civic Event Expenses. Within forty-five (45) Business Days of the receipt by the sponsoring Public Entity of any such invoice, the recipient shall, at its sole cost and expense, reimburse StadCo for all undisputed Civic Event Expenses. (g) The County, the State or ECSC, as applicable, shall each retain the admission ticket revenue (if any) from any Civic Event sponsored by it. (h) All Licensees who seek to use their Luxury Suite, Club Level Seat or general seat in conjunction with a Civic Event shall be required to purchase admission tickets for such Civic Event if tickets to such Civic Event are sold. If tickets to such Civic Event are sold, the County, the State or ECSC, as the case may be, shall utilize the services of StadCo’s Authorized Ticket Vendor and shall be responsible for all non-discriminatory charges incurred in connection therewith. (i) The County, the State or ECSC, as the case may be, shall promptly repair or cause to be repaired any damage to any component of the Stadium Complex arising out of any Civic Event that it sponsors. (j) Neither the County, nor the State, nor ECSC nor any Person designated by the County, the State or ECSC shall have the right to use any of the Reserved Areas during Civic Events. (k) At the request of the County, the State or ECSC, as the case may be, StadCo shall operate the Stadium Complex concessions and the Parking Areas during or in connection with a Civic Event at a level deemed appropriate by StadCo, in its reasonable discretion, in light of the nature of the Civic Event and the number of Stadium Patrons expected to attend the Civic Event. The prices charged by StadCo for concessions and parking during or in connection with Civic Events shall be the same as, or lower than, the prices charged by StadCo during Games. All revenue derived from such operations shall belong to StadCo.

Civic Events. StadCo shall make the Stadium Complex (or such portion thereof as the County, the State or ECSC shall direct in its request therefor) available for Civic Events on the following terms and conditions: (a) Up Subject to five (5) availability based on Tenant’s priority use of such Civic Events per Lease Year the Stadium described in this Agreement, Authority shall be available for entitled to request the use by the County or any Person designated by the County. (b) An unlimited number of such Civic Events per Lease Year shall be available for use by the State or ECSC or any Person designated by the State or ECSC. (c) At least forty-five (45) days prior to the date of the proposed Civic Event, the County, the State or ECSC, as the case may be, shall notify StadCo in writing of the requested date for such event and shall identify in all material respects to the extent then known the nature of the event, the sponsor, the public areas of the Stadium Complex for up to be utilized, the terms eight (including ticket prices, if any8) calendar days in each calendar year for (i) of admission, the expected attendance, any special security or other arrangements and any other relevant information reasonably necessary for StadCo to perform its duties as the operator of the Stadium Complex. The notifying party shall update the content of such notice from time to time promptly upon becoming aware of any changes in the information given above and any additional relevant information of the type described above. Upon its receipt of a notice requesting the scheduling of a Civic Event, StadCo shall reserve such date for such Civic Event (unless such date has been previously reserved for another Stadium Event) and shall not schedule any other subsequently proposed Stadium Event on such date without written approval from the County, the State or ECSC, as the case may be. Notwithstanding the foregoing, in the event of a tragedycivic-oriented, community celebration not-for-profit or educational events such as public ceremonies, conferences, conventions, meetings and training sessions, for the benefit of Authority, City or County and (ii) other sudden events primarily sponsored or unforeseen occurrence that does promoted by Authority, City or County which do not provide for advance notice as contemplated above, conflict or compete with Stadium Events (the County, the State or ECSC may request use of the Stadium Complex for a related “Civic Event scheduled fewer than forty-five (45Events”) days after such request is madesubject to Tenant approval, which such request must be in writing and contain the information required of a timely notice as set forth in this Section 2.4(c). Such use of the Stadium Complex by the County, the State or ECSC on fewer than forty-five (45) days’ notice shall be subject to the consent of StadCo, which consent may not be unreasonably withheld, delayed conditioned or conditioneddenied. The City, County and Authority shall not attempt to schedule and shall not be authorized to use the Stadium for any Stadium Events, as described in Section 4.1, without the prior written consent of Tenant, which may be withheld in its sole discretion. The City, County and Authority shall observe and honor all product and service exclusivity and other sponsorship, advertising and naming rights arrangements entered into by Tenant with respect to the Stadium and the Team to the extent that such arrangements would be applicable to Civic Events. (b) Subject to the terms and conditions of Section 4.2 above and this Section 4.3, Authority shall notify Tenant in writing of Authority’s, City’s or County’s request for Tenant’s approval to hold a Civic Event at the Stadium, which notice shall be given not less than sixty (60) days prior to the proposed Civic Event and shall include a full and complete written description of that event. The Authority, City or County shall not attempt to schedule a Civic Event during any Baseball Season during the Initial Term or any Renewal Term until the final schedule for such Baseball Season is published. Tenant shall give notice to Authority approving or disapproving such Civic Event within five (5) Business Days after receipt of the written request. Notwithstanding anything to the contrary contained herein, and for the avoidance of doubt, if Tenant has previously scheduled an event at the Stadium on the date of a Civic Event requested by Authority, Tenant shall have no obligation to make the Stadium available to City, County or Authority on such date. Tenant shall have no obligation to reschedule a Stadium Event. (c) During any Civic Event, Tenant shall have the sole option of selling Concessions and/or Merchandise on terms acceptable to the Tenant and Authority, whether through the use of a Concessions Agreement, Merchandise Agreement or otherwise, and Tenant shall be entitled to receive and retain all revenue generated therefrom as described in Section 4.4 hereof. (d) In no event After each Civic Event, City, County or Authority shall re-deliver the Stadium to Tenant with any waste, damage, breakage, wear, theft, littering or other harm caused by the Authority, its contractors or invitees, or trespassers taking advantage of entrances to the Stadium being relatively unsecured as a result of the Civic Event having been repaired and in full compliance with the Stadium Standard. Without limiting the foregoing, after each Authority Sponsored Event, Authority shall be scheduled on any date responsible for the timely restoration of all portions of the field at the Stadium to the official standards of the MLB, as may be amended from time to time. Authority and Tenant, shall from time to time as appropriate during the Term, cooperate and confer in good faith to develop and modify procedures and standards to be implemented by the City, County and Authority for Civic Events to ensure that has been reserved for a Game. Additionallyall portions of the field at the Stadium are adequately protected during the preparation for, in no event shall any Civic Event and the holding of, Authority Sponsored Events so that the field meets, or can be scheduled on any date that has been previously reserved for StadCo’s Event or another Civic Event where such Civic Event would have a material negative effect on the previously reserved StadCo’s Event or Civic Event. The Countytimely restored to, the Stateofficial standards of the MLB, ECSC and StadCo shall exercise good faith and cooperate with one another in the event of potential conflicts that as may arise between proposed eventsbe amended from time to time, after each Authority Sponsored Event. (e) In no event The City, County and Authority shall be entitled to the “rent-free” use of the Stadium for Civic Events; provided, however, that for any Civic Event be a professional football game or other professional sporting contest, nor shall any Civic Event include an event or activity that reasonably may be expected to cause damage to the Playing Field that cannot reasonably be repaired by StadCo prior to the next Game. (f) Following any Civic Event sponsored by the CountyEvent, the State City, County or ECSC, StadCo Authority shall promptly invoice the sponsoring Public Entity be solely responsible for all Civic Event Expenses for actual costs and expenses associated with such event that are over and above the costs to maintain and operate the Stadium had there been no such Civic Event. The City, County or Authority shall pay Tenant for the actual additional costs and shall include expenses associated with such a Civic Event within thirty (30) days after receipt of a reasonably detailed invoice copies of appropriate from Tenant, including reasonable back-up documentation evidencing such Civic Event Expenses. Within forty-five (45) Business Days of the receipt as requested by the sponsoring Public Entity of any such invoiceCity, the recipient shall, at its sole cost and expense, reimburse StadCo for all undisputed Civic Event ExpensesCounty or Authority. (g) The County, the State or ECSC, as applicable, shall each retain the admission ticket revenue (if any) from any Civic Event sponsored by it. (h) All Licensees who seek to use their Luxury Suite, Club Level Seat or general seat in conjunction with a Civic Event shall be required to purchase admission tickets for such Civic Event if tickets to such Civic Event are sold. If tickets to such Civic Event are sold, the County, the State or ECSC, as the case may be, shall utilize the services of StadCo’s Authorized Ticket Vendor and shall be responsible for all non-discriminatory charges incurred in connection therewith. (i) The County, the State or ECSC, as the case may be, shall promptly repair or cause to be repaired any damage to any component of the Stadium Complex arising out of any Civic Event that it sponsors. (j) Neither the County, nor the State, nor ECSC nor any Person designated by the County, the State or ECSC shall have the right to use any of the Reserved Areas during Civic Events. (k) At the request of the County, the State or ECSC, as the case may be, StadCo shall operate the Stadium Complex concessions and the Parking Areas during or in connection with a Civic Event at a level deemed appropriate by StadCo, in its reasonable discretion, in light of the nature of the Civic Event and the number of Stadium Patrons expected to attend the Civic Event. The prices charged by StadCo for concessions and parking during or in connection with Civic Events shall be the same as, or lower than, the prices charged by StadCo during Games. All revenue derived from such operations shall belong to StadCo.

Civic Events. StadCo The Bills shall make the Stadium Complex (or such portion thereof as the County, the State County or ECSC shall direct in its request therefor) available for up to four (4) Civic Events per Lease Year on the following terms and conditions: (a) Up to five Three (53) of such Civic Events per Lease Year shall be available for use by the County or any Person designated by the County. , and one (b1) An unlimited number of such Civic Events per Lease Year shall be available for use by the State or ECSC or any Person designated by the State or ECSC. (cb) At least forty-five (45) days prior to the date of the proposed Civic Event, the County, County or the State or ECSC, as the case may be, shall notify StadCo the Bills in writing of the requested date for such event and shall identify in all material respects to the extent then known the nature of the event, the sponsor, the areas of the Stadium Complex to be utilized, the terms (including ticket prices, if any) of admission, the expected attendance, any special security or other arrangements and any other relevant information reasonably necessary for StadCo the Bills to perform its duties as the operator of the Stadium Complex. The notifying party shall update the content of such notice from time to time promptly upon becoming aware of any changes in the information given above and any additional relevant information of the type described above. Upon its receipt of a notice requesting the scheduling of a Civic Event, StadCo the Bills shall reserve such date for such Civic Event (unless such date has been previously reserved for another Stadium Event) and shall not schedule any other subsequently proposed Stadium Event on such date without written approval from the County, County or the State or ECSC, as the case may be. Notwithstanding the foregoing, in the event of a tragedy, community celebration or other sudden or unforeseen occurrence that does not provide for advance notice as contemplated above, the County, County and/or the State or ECSC may request use of the Stadium Complex for a related Civic Event scheduled fewer than forty-five (45) days after such request is made, which such request must be in writing and contain the information required of a timely notice as set forth in this Section 2.4(c2.3(b). Such use of the Stadium Complex by the County, County or the State or ECSC on fewer than forty-five (45) days’ days notice shall be subject to the consent of StadCothe Bills, which consent may not be unreasonably withheld, delayed or conditioned. (dc) In no event shall any Civic Event be scheduled on any date that has been previously reserved for a Game. Additionally, in no event shall any Civic Event be scheduled on any date that has been previously reserved for StadCo’s a Bills’ Event or another Civic Event where such Civic Event would have a material negative effect on the previously reserved StadCo’s Bills’ Event or Civic Event. The County, the State, ECSC and StadCo the Bills shall exercise good faith and cooperate with one another in the event of potential conflicts that may arise between proposed events. (ed) In no event shall any Civic Event be a professional football game or other professional sporting contest, nor shall any Civic Event include an event or activity that reasonably may be expected to cause damage to the Playing Field or the Practice Facilities that canwill not reasonably be repaired by StadCo prior to the next Gamein a timely fashion. (fe) Following any Civic Event sponsored by the CountyCounty or the ECSC, the State or ECSC, StadCo Bills shall promptly invoice the sponsoring Public Entity for all Civic Event Expenses for such Civic EventExpenses, and shall include with such invoice copies of appropriate back-–up documentation evidencing such Civic Event Expenses. Within forty-–five (45) Business Days of the receipt by the sponsoring Public Entity of any such invoice, the recipient shall, at its sole cost and expense, reimburse StadCo the Bills for all undisputed invoiced Civic Event Expenses. (gf) The County, County or the State or ECSC, as applicable, shall each retain the admission ticket revenue (if any) from any Civic Event sponsored by it. (hg) All Licensees who seek to use their Luxury Suite, Club Level Seat or general seat in conjunction with a Civic Event shall be required to purchase admission tickets for such Civic Event if tickets to such Civic Event are sold. If tickets to such Civic Event are sold, the County, the State County or ECSC, as the case may be, shall utilize the services of StadCo’s the Bills’ Authorized Ticket Vendor and shall be responsible for all non-discriminatory charges incurred in connection therewith. (ih) The County, County or the State or ECSC, as the case may be, shall promptly repair or cause to be repaired any damage to any component of the Stadium Complex arising out of any Civic Event that it sponsors. (ji) Neither the County, nor the State, nor ECSC nor any Person designated by the County, County or the State or ECSC shall have the right to use any of the Reserved Areas during Civic Events. (kj) At the request of the County, County or the State or ECSC, as the case may be, StadCo the Bills shall operate the Stadium Complex concessions and the Parking Areas during or in connection with a Civic Event at a level deemed appropriate by StadCothe Bills, in its reasonable discretion, in light of the nature of the Civic Event and the number of Stadium Patrons expected to attend the Civic Event. The prices charged by StadCo the Bills for concessions and parking during or in connection with Civic Events shall be the same as, or lower than, the prices charged by StadCo the Bills during Home Games. All revenue derived from such operations shall belong to StadCothe Bills.