Naming Rights, Sponsors and Signage. (a) Subject to subsections (b) and (d) of this Section 3.3 and further pursuant to the terms of the Stadium License Agreement and the GWCCA Intellectual Property License Agreement, prior to the Final Closing Date (as defined herein) and thereafter pursuant to the Stadium License Agreement and the GWCCA Intellectual Property License Agreement, StadCo will have the right to select the name or names of the NSP, as well as the sponsor or sponsors for which the various portions of the NSP will be named from time to time, and StadCo will additionally have the right to select and will be responsible for all signage, branding, sponsorship or other similar rights with respect to the NSP, including without limitation, the right, subject to the provisions of the Stadium License Agreement, the Site Coordination Agreement and the GWCCA Intellectual Property License Agreement, to retain all proceeds therefrom. StadCo may enter into any agreements with third parties regarding such naming rights, signage, branding, sponsorship or similar rights at the NSP consistent with the provisions related to same herein. Any naming or sponsorship agreements entered into by StadCo prior to the Final Closing will be subject to termination upon any termination of this Transaction Agreement prior to the Final Closing being consummated.
(b) Any such sponsorship or advertising (including naming rights) at the NSP may not:
(i) violate any applicable statute, rule or regulation with respect to sponsorship or advertising, including, but not limited to, Section 16-12-26 of the Official Code of Georgia Annotated, as amended;
(ii) contain racial epithets, barbarisms, obscenities or profanity;
(iii) relate to any sexually-oriented business;
(iv) contain any overt political reference;
(v) reasonably cause embarrassment to the GWCCA, Invest Atlanta, the City, Xxxxxx County or the State of Georgia; or
(vi) with respect to stadium and/or field naming rights only, include any geographic name or reference unless approved by the GWCCA.
(c) Any such naming rights agreement for the NSP described in subsection (a) of this Section 3.3 must contain clean building requirements that are customary at the time the naming rights agreement is entered into for the holding of events of the type of Georgia Dome Legacy Events, Atlanta Bid Events (as defined in the Site Coordination Agreement) or events with the Special Event Designation (as defined in the Site Coordination Agreement).
(d) StadCo will include the Georg...
Naming Rights, Sponsors and Signage. StadCo will include Invest Atlanta’s and the City’s name and logo in the following aspects of the NSP’s marketing program: (i) acknowledgment of Invest Atlanta on the NSP’s website and on the Club’s website with linkage in both cases to the Invest Atlanta website and (ii) placement of a plaque or other commemorative sign inside the NSP that recognizes Invest Atlanta and the City and their respective leadership by name for their contribution to the NSP project. The foregoing uses of Invest Atlanta’s name and logo shall be subject to Invest Atlanta’s approval. StadCo will also provide typical advertising for Invest Atlanta at the NSP in a manner to be determined.
Naming Rights, Sponsors and Signage. The Arena Group and its Assignees shall have all authority, control and rights in selecting the name or names of the Arena Complex, as well as the sponsor or sponsors for which the various portions of the Arena Complex will be named from time to time, and all signage (subject to generally applicable limitations in the City Code), branding, service, concession, seat license, pouring or other rights, including without limitation, the right to retain all proceeds therefrom. Any naming or sponsorship agreements entered into by the Arena Group or an Assignee that involve affixing permanent or semi- permanent signage to the Arena Complex or any substantial portion thereof shall be subject to the City’s approval, such approval not to be unreasonably withheld, conditioned, or delayed. Such rights, licenses and sponsorships shall be structured in a manner that they will not adversely affect the tax-exempt status of the City’s Arena Complex Bonds.
6. That Article II, “Costs and Financing of the Arena Project,” of the Master Agreement is revised and amended to delete the second sentence of Section 2.6(b) and replace it with the following: The City anticipates the City Council passing an ordinance or resolution on or before March 31, 2017, providing authority to issue the Arena Complex Bonds.
7. That Article III, “The Land,” of the Master Agreement is revised and amended to add a sentence to the end of Section 3.2 to read as follows: Arena Group shall transfer and convey the Arena Group Facility Land and Arena Group Garage Land to the City as described in this section without unreasonable delay and in any event no later than one year after the date of issuance of a certificate of occupancy for the Arena Complex.
8. That Article IV, “Lease Matters,” of the Master Agreement is revised and amended to add a new Section 4.1(k) to read as follows: Prior to the Commencement Date of the Arena Group Lease, the parties shall negotiate and agree to a Sign Agreement or other appropriate vehicle containing mutually acceptable terms governing signage needs in, around, and in the vicinity of the Arena Complex in a manner that complies with applicable City Code and that will not unduly restrict the Arena Group’s ability to properly and completely publicize the Arena Complex and to maximize revenues from that source.
9. That Article VI, “Termination,” of the Master Agreement is revised to delete Section 6.1(b) in its entirety and replace it with the following:
Naming Rights, Sponsors and Signage. XxxxXx will include Invest Atlanta’s and the City of Atlanta’s (the “City’s”) name and logo in the following aspects of the NSP’s marketing program: (a) acknowledgment of Invest Atlanta on the NSP’s website and on the Club’s website with linkage in both cases to the Invest Atlanta website and (b) placement of a plaque or other commemorative sign inside the NSP that recognizes Invest Atlanta and the City and their respective leadership by name for their contribution to the NSP project. Any recognition of the leadership or the Board of Governors of the GWCCA shall also include parallel recognition for the members of Invest Atlanta’s Board of Directors and the Mayor and members of the Atlanta City Council. The foregoing uses of Invest Atlanta’s and the City’s name and logo shall be subject to Invest Atlanta’s approval. Subject to the Stadium License Agreement and the Intellectual Property License Agreement, StadCo will also provide typical advertising for Invest Atlanta at the NSP in a manner to be determined by StadCo and Invest Atlanta.
Naming Rights, Sponsors and Signage. Pursuant to the Arena Group Lease, the Arena Group shall have all authority, control and rights in selecting the name or names of the Arena Complex, as well as the sponsor or sponsors for which the various portions of the Arena Complex will be named from time to time, and all signage (subject to generally applicable limitations in the City Code), branding, service, concession, seat license, pouring or other rights, including without limitation, the right to retain all proceeds therefrom. Any naming or sponsorship agreements entered into by the Arena Group shall be subject to the City’s approval, such approval not to be unreasonably withheld, conditioned, or delayed. Such rights, licenses and sponsorships shall be structured in a manner that they will not adversely affect the tax-exempt status of the City’s Arena Complex Bonds.
