Common use of Manager’s Marks Clause in Contracts

Manager’s Marks. The Tribe and the Board agree to recognize the exclusive right of ownership of Manager or its parents to all of Manager’s service marks, trademarks, copyrights, trade names, patents or other similar rights or registrations now or hereafter held or applied for in connection therewith (collectively, the “Manager’s Marks”). The Tribe and the Board hereby disclaim any right or interest therein, regardless of any legal protection afforded thereto. The Tribe and the Board acknowledge that all of Manager’s Marks might not be used in connection with the Enterprise, and Manager shall have sole discretion to determine which of Manager’s Marks shall be so used. The Tribe and the Board covenant that in the event of termination, cancellation or expiration of this Agreement, whether as a result of a default by Manager or otherwise, the Tribe and the Board shall not hold themselves out as, or continue operation of the Enterprise as a Manager’s casino nor will it utilize any of Manager’s Marks or any variant thereof in the operation of the Facility. The Tribe and the Board agree that Manager or its parent or their respective representative may, at any time thereafter, enter the Gaming Facility and may remove all signs, furniture, printed material, emblems, slogans or other distinguishing characteristics which are now or hereafter may be connected or identified with Manager such that a reasonable person may be confused or believe that Manager is still involved with the Enterprise or which carry any Manager’s Xxxx. The Tribe and the Board shall not use the Manager’s or its parent’s name, or any variation thereof, directly or indirectly, in connection with (a) a private placement or public sale of security or other comparable means of financing or (b) press releases and other public communications, without the prior written approval of Manager or its parent. Manager shall provide the Board with a list of all Manager’s Marks used at or in connection with the Enterprise. No Manager’s Marks shall be used without prior Board approval. This Section 7.3 shall not apply to marks developed or used exclusively at the Tribe’s Enterprise.

Manager’s Marks. The Tribe and the Board agree agrees to recognize the exclusive right of ownership of Manager or its parents and/or Manager’s Affiliates to all of Manager’s service marks, trademarks, copyrights, trade names, patents or other similar rights or registrations now or hereafter held or applied for in connection therewith therewith, including, but not limited to, any and all use of the words “Mohegan”, “Sun” or “Mohegan Sun” in any way associated with gaming, resorts, or hotels, or any and all enterprises, services or products relating thereto (collectively, the “Manager’s Marks”). The Tribe and the Board hereby disclaim disclaims any right or interest therein, regardless of any legal protection afforded thereto. The Tribe and the Board acknowledge acknowledges that all of Manager’s Marks might not be used in connection with the Enterprise, and Manager Manager, with the prior written consent of the Tribe, shall have sole discretion to determine which of Manager’s Marks shall be so used. The Tribe and the Board covenant covenants that in the event of termination, cancellation or expiration of this Agreement, whether as a result of a default by Manager or otherwise, the Tribe and the Board shall not hold themselves itself out as, or continue operation of the Enterprise as a Manager’s casino nor will it utilize any of Manager’s Marks or any variant thereof in the operation of the its Facility. The Tribe and the Board agree agrees that Manager or its parent or their respective representative may, at any time thereafter, enter the Gaming Facility and may remove for the sole purpose of removing all signs, furniturefurnishings, printed material, emblems, slogans or other distinguishing characteristics which are now or hereafter may be connected or identified with Manager such that a reasonable person may be confused or believe that Manager is still involved with the Enterprise or which carry any Manager’s XxxxXxxx and shall leave the premises in suitable condition. The Without limiting the foregoing, the Tribe and the Board shall not use the Manager’s or its parent’s namename “Mohegan”, “Mohegan Sun”, “Mohegan Tribal Gaming Authority” or any variation thereof, directly or indirectly, in connection with (a) a private placement or public sale of security securities or other comparable means of financing or (b) press releases and other public communications, without the prior written approval of Manager. The Tribe and Manager hereby agree that in the event the Tribe and/or Manager is (are) the subject of any litigation or its parent. action brought by any party seeking to restrain the use, for or with respect to the Enterprise, by the Tribe and/or Manager shall provide the Board with a list of all any Manager’s Marks Xxxx used at by Manager for or in connection with the Enterprise, any such litigation or action shall be defended entirely at the expense of Manager, notwithstanding that Manager may not be named as a party thereto. No In the event the Tribe desires to bring suit against any user of any Manager’s Xxxx, seeking to restrain such user from using any Manager’s Xxxx, then such suit shall be brought only with the consent of Manager and at the expense of Manager notwithstanding that such user may be a prior or subsequent user. In all cases the conduct of any suit whether brought by the Tribe and/or Manager or instituted against the Tribe and/or Manager shall be under the absolute control of Manager notwithstanding that Manager may not be a party to such suit. The Tribe, at its sole cost, shall have the right to engage its own legal counsel and the Tribe’s own counsel shall have the right to non-controlling participation in any such litigation. The Tribe shall have the right at any time during the course of such litigation to withdraw from participation therein. Manager hereby agrees to hold the Tribe harmless from and to indemnify the Tribe against any judgments or awards of any court or administrative agency of competent jurisdiction, whether such awards be in the form of damages, costs or otherwise, which the Tribe is required to pay and/or pays arising from the use of any Manager’s Marks shall be used for or in connection with the Enterprise; provided, however, that the Tribe cannot effect a settlement of such suit without the prior Board approval. This Section 7.3 shall not apply to marks developed or used exclusively at the Tribe’s Enterprisewritten consent of Manager.

Manager’s Marks. The Tribe and the Board agree agrees to recognize the exclusive right of ownership of Manager or its parents to all of Manager’s 's service marks, trademarks, copyrights, trade names, patents or other similar rights or registrations now or hereafter held or applied for in connection therewith therewith, including, but not limited to, any and all use of the word "Station" in any way associated with gaming, resorts, or hotels, or any and all enterprises, services or products relating thereto (collectively, the “"Manager’s 's Marks”"). The Tribe and the Board hereby disclaim disclaims any right or interest therein, regardless of any legal protection afforded thereto. The Tribe and the Board acknowledge acknowledges that all of Manager’s 's Marks might not be used in connection with the Enterprise, and Manager Manager, with the prior written consent of the Tribe, shall have sole discretion to determine which of Manager’s 's Marks shall be so used. The Tribe and the Board covenant covenants that in the event of termination, cancellation or expiration of this Agreement, whether as a result of a default by Manager or otherwise, the Tribe and the Board shall not hold themselves itself out as, or continue operation of the Enterprise as a Manager’s 's casino nor will it utilize any of Manager’s 's Marks or any variant thereof in the operation of the its Facility. The Tribe and the Board agree agrees that Manager or its parent or their respective representative may, at any time thereafter, enter the Gaming Facility and may remove for the sole purpose of removing all signs, furniturefurnishings, printed material, emblems, slogans or other distinguishing characteristics which are now or hereafter may be connected or identified with Manager such that a reasonable person may be confused or believe that Manager is still involved with the Enterprise or which carry any Manager’s Xxxx's Xxxx and shall leave the premises in suitable condition. The Without limiting the foregoing, the Tribe and the Board shall not use the Manager’s or its parent’s namename "Station", or any variation thereof, directly or indirectly, in connection with (a) a private placement or public sale of security securities or other comparable means of financing or (b) press releases and other public communications, without the prior written approval of Manager. The Tribe and Manager hereby agree that in the event the Tribe and/or Manager is (are) the subject of any litigation or its parent. action brought by any party seeking to restrain the use, for or with respect to the Enterprise, by the Tribe and/or Manager shall provide the Board with a list of all any Manager’s Marks 's Xxxx used at by Manager for or in connection with the Enterprise. No Manager’s Marks , any such litigation or action shall be used without prior Board approval. This Section 7.3 shall not apply to marks developed or used exclusively defended entirely at the expense of Manager, notwithstanding that Manager may not be named as a party thereto. In the event the Tribe desires to bring suit against any user of any Manager's Xxxx, seeking to restrain such user from using any Manager's Xxxx, then such suit shall be brought only with the consent of Manager and at the expense of the Tribe notwithstanding that such user may be a prior or subsequent user. In all cases the conduct of any suit whether brought by the Tribe and/or Manager or instituted against the Tribe and/or Manager shall be under the absolute control of Manager notwithstanding that Manager may not be a party to such suit. The Tribe’s , at its sole cost, shall have the right to engage its own legal counsel and the Tribe's own counsel shall have the right to non-controlling participation in any such litigation. The Tribe shall have the right at any time during the course of such litigation to withdraw from participation therein. Manager hereby agrees to hold the Tribe harmless from and to indemnify the Tribe against any judgments or awards of any court or administrative agency of competent jurisdiction, whether such awards be in the form of damages, costs or otherwise, which the Tribe is required to pay and/or pays arising from the use of any Manager's Marks or names or similar rights or registrations for or in connection with the Enterprise; provided, however, that the Tribe cannot effect a settlement of such suit without the prior written consent of Manager.

Manager’s Marks. The Tribe and the Board agree Authority agrees to recognize the exclusive right of ownership of Manager or its parents to all of all. Manager’s 's service marks, trademarks, copyrights, trade names, patents or other similar rights or registrations now or hereafter held or applied for in connection therewith (collectively, the “"Manager’s 's Marks”"). , provided that Manager shall claim no ownership of any marks including the names "Mohawk" or "St. Regis." The Tribe and the Board Authority hereby disclaim disclaims any right or interest thereinin Manager's Marks, regardless of any legal protection afforded thereto. The Tribe and the Board acknowledge Authority acknowledges that all of Manager’s 's Marks might not be used in connection with the Gaming Enterprise, and Manager shall have sole discretion to determine which of Manager’s 's Marks shall be so used. The Tribe and the Board covenant Authority covenants that in the event of termination, cancellation or expiration of this Agreement, whether as a result of a default by Manager or otherwise, the Tribe and the Board Authority shall not hold themselves itself out as, or continue operation of the Gaming Enterprise as a Manager’s 's casino nor will it utilize any of Manager’s 's Marks or any variant thereof in the operation of the its Gaming Facility. The Tribe and the Board agree Authority agrees that Manager or its parent or their respective representative may, at any reasonable time thereafter, enter the Gaming Facility and may remove for the sole purpose of removing all signs, furniturefurnishings, printed material, emblems, slogans or other distinguishing characteristics which are now or hereafter may be connected or identified with Manager such that a reasonable person may be confused or believe that Manager is still involved with the Enterprise Manager's or which carry any Manager’s 's Xxxx. Such removal shall be accomplished in a manner which leaves the premises in a condition suitable for appropriate commercial use. The Tribe and the Board Authority shall not use the Manager’s or its parent’s 's name, or any variation thereof, directly or indirectly, in connection with (a) a private placement or public sale of security securities or other comparable means of financing or (b) press releases and other public communications, without the prior written approval of Manager. The Authority and Manager hereby agree that in the event the Authority and/or Manager is (are) the subject of any litigation or its parent. action brought by a party seeking to restrain the use, for or with respect to the Gaming Enterprise, by the Authority and/or Manager shall provide the Board with a list of all any Manager’s Marks 's Xxxx used at by Manager for or in connection with the Gaming Enterprise. No Manager’s Marks , any such litigation or action shall be used without prior Board approval. This Section 7.3 shall not apply to marks developed or used exclusively defended entirely at the Tribe’s Enterprise.expense of Manager, notwithstanding that Manager may not be named as a party thereto. In the event the Authority desires to bring suit against any user of any Manager's Xxxx, seeking to restrain such user from using any Manager's Xxxx, then such suit shall be brought only with the consent of Manager and at the expense of the Authority notwithstanding that such user may be a prior or subsequent user. In all cases the conduct of any suit whether brought by the Authority and/or Manager or instituted against the Authority and/or Manager shall be under the absolute control of the Manager notwithstanding that Manager may not be a party to such suit. The Authority, at its sole cost, shall have the right to engage its own legal counsel and the Authority's own counsel shall have the right to non-controlling participation in any such