Common use of Organizer Clause in Contracts

Organizer. Promoter shall provide at its expense during each Event the 8 <PAGE> 10 Monterrey Promoter Agreement March 28, 2000 Draft #4 track or race course which must meet or exceed the safety requirements of CART and the FIA and all facilities in good repair and ready for use, and Organizer/Promoter shall permit CART or its insurance broker or other designated representative, and the FIA to inspect the track, race course and/or facilities before, during and after each Event. Except as provided in Paragraph 16C, all repairs deemed necessary in order for the track to meet CART and/or FIA safety requirements must be made at Organizer/Promoter's expense and the failure to make the necessary repairs may result in the postponement or cancellation of such Event, in CART's sole discretion. The track site, design and condition shall be subject to review and approval by CART and the FIA. Organizer/Promoter and CART shall consult with one another on the layout and design of the track, including but not limited to the pit area, safety barriers, retention systems, and other facilities for the Competition. B. Annually, seven (7) months prior to the next Event, Organizer/Promoter shall submit an engineering drawing(s) of proposed changes to the race circuit and other facilities for CART's approval. CART will have thirty (30) days to acknowledge approval or request changes. Such drawings are to be treated as confidential, for use by CART as contemplated under this Agreement, and shall not be copied, disseminated (without Organizer/Promoter's prior consent, which shall not be unreasonably withheld), or used for any commercial purpose, subject to any required disclosure pursuant to Paragraph 45 below. CART shall have the right to inspect the circuit for the purpose of verifying that the circuit is being constructed in accordance with the drawings as submitted and approved. Within sixty (60) days after the execution of this Agreement, CART and Organizer/Promoter shall mutually agree on the specific track and facility improvements to be implemented for the first Event covered by this Agreement, and a written summary thereof shall be prepared and appended hereto. Thereafter, a similar process shall occur within sixty (60) days following each Event, in respect to improvements or adjustments to be implemented for the following year's Event.

Appears in 1 contract

Samples: Official Organizer/Promoter Agreement

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Organizer. Promoter shall provide at its expense during each Event the 8 <PAGE> 10 Monterrey Promoter Agreement March 28, 2000 Draft #4 track or race course which not be responsible for any purse distribution whatsoever in respect to a Competition. CART must meet or exceed the safety requirements of CART and the FIA approve any and all facilities awards given in good repair and ready for use, and Organizer/Promoter shall permit CART or its insurance broker or other designated representative, and the FIA to inspect the track, race course conjunction with a Competition and/or facilities before, during and after each Event. Except as provided in Paragraph 16C, all repairs deemed necessary in order for the track to meet PPG CART and/or FIA safety requirements must be made at Organizer/Promoter's expense and the failure to make the necessary repairs may result in the postponement or cancellation of such Event, in CART's sole discretion. The track site, design and condition shall be subject to review and approval by CART and the FIAWorld Series. Organizer/Promoter agrees to provide driver and owner trophies in recognition and representative of the achievements of at least the first three (3) finishing positions in each Competition. A. CART shall consult with one another on the layout and design of the track, including but be responsible for providing not limited to the pit area, safety barriers, retention systems, and other facilities less than eighteen (18) entrants for the each Competition. B. Annually, seven If CART is unable to provide eighteen (718) months prior to the next Evententrants for any Competition, Organizer/Promoter shall submit an engineering drawing(shave the right to cancel such Competition, providing that Organizer/Promoter first informs CART in writing of such intent, and provided further that eighteen (18) entries have not been received within seven (7) days after receipt by CART of proposed changes such notice. If Organizer/Promoter under 6 these circumstances exercises this cancellation right, it will be entitled to the race circuit return of the portion of the Organization and other facilities Rights Fee theretofore paid for CART's approval. CART will have thirty (30) days to acknowledge approval or request changes. Such drawings are to be treated as confidential, for use by CART as contemplated under this Agreement, and shall not be copied, disseminated (without Organizer/Promoter's prior consent, which shall not be unreasonably withheld), or used for any commercial purpose, subject to any required disclosure pursuant to Paragraph 45 below. CART such Competition. B. Either party hereto shall have the right to inspect cancel a Competition due to a "force majeure". "Force majeure" shall mean any event or circumstances (whether arising from natural causes, human or governmental agency or otherwise) beyond the circuit for control of the purpose parties including by way of verifying that the circuit illustration, but not by way of limitation, strikes, lock-outs or other labor disputes, civil strife, war, flood, fire, or acts of God. If there is being constructed in accordance with the drawings as submitted and approved. Within sixty (60) days after the execution of this Agreementan unexpected cancellation due to a 'force majeure", CART and Organizer/Promoter shall mutually agree on will be entitled to the specific track return of the portion of the Organization and facility improvements Rights Fee theretofore paid, except that Organizer/Promoter agrees that CART may retain a sum equivalent to be implemented the necessary expenses reasonably incurred by CART and its teams in preparing for the first Event covered by this Agreementsuch Competition, and a written summary thereof which expenses shall be prepared mutually agreed by the parties provided, however, that if the parties are unable to agree informally as to the amount of such expenses, such dispute shall be submitted to binding arbitration and appended hereto. Thereafter, a similar process the result of such arbitration shall occur within sixty (60) days following each Event, in respect to improvements or adjustments to be implemented for the following year's Eventenforceable by any court having jurisdiction.

Appears in 1 contract

Samples: Official Organizer/Promoter Agreement (Championship Auto Racing Teams Inc)

Organizer. Promoter shall provide organize and promote the races hereunder as major motor racing events. Organizer/Promoter shall have the right to on-site track entitlement, and revenues therefrom. On-site entitlement is to designate the title/name of the Champ Car race and all CART sanctioned support activities at its expense during each Event the venue, subject to CART approval which shall not be unreasonably withheld. Such title sponsorships must not conflict with CART Series sponsors (presently 6 8 <PAGE> 10 Monterrey Promoter Agreement March 28, 2000 Draft #4 track FedEx) or race course which must meet or exceed the safety requirements of CART co-Series sponsors. All media releases, public announcements and the FIA and all facilities in good repair and ready for use, and Organizer/Promoter shall permit CART public disclosures by either party or its insurance broker employees or other designated representative, and the FIA agents relating to inspect the track, race course and/or facilities before, during and after each Event. Except as provided in Paragraph 16C, all repairs deemed necessary in order for the track to meet CART and/or FIA safety requirements must be made at Organizer/Promoter's expense and the failure to make the necessary repairs may result in the postponement or cancellation of such Event, in CART's sole discretion. The track site, design and condition shall be subject to review and approval by CART and the FIA. Organizer/Promoter and CART shall consult with one another on the layout and design of the trackthis Agreement, including but not limited to promotional or marketing material, but not including any announcement intended solely for internal distribution at either party or any disclosure required by legal, accounting or regulatory requirements beyond the pit areareasonable control of the disclosing party, safety barriers, retention systems, shall be coordinated with and approved by the other facilities for the Competition. B. Annually, seven (7) months in writing prior to the next release thereof. A. CART hereby grants Organizer/Promoter the non-exclusive right to use the names and logos of CART and the FedEx Championship Series in its promotion of each Event during the term hereof, in accordance with all provisions contained in this Agreement. Any logo, design, mark xx representation made, formulated, or developed in conjunction with such Event shall be subject to the prior written approval of CART. B. Organizer/Promoter shall display in all advertising and publicity material including but not limited to news releases, posters, banners, program covers, brochures, tickets, passes, credentials and print and television advertising relating to each Event the phrase: "FedEx Championship Series" and the Series logo (as approved and supplied by CART). CART reserves the right to change such phrase and logo. C. Organizer/Promoter shall include in its display of the Series name and logo the symbol (R) to indicate that they are registered marks. A sheet of camera ready art depicting these logos shall be provided by CART. Further, in promoting and advertising each Event, Organizer/Promoter shall submit an engineering drawing(s) promote the Competition as a part of proposed changes to the race circuit and other facilities for FedEx Championship Series or as otherwise designated by CART's approval. CART will have thirty (30) days to acknowledge approval or request changes. Such drawings are to be treated as confidential, for use by CART as contemplated under this Agreement, and shall not be copied, disseminated (without Organizer/Promoter's prior consent, which shall not be unreasonably withheld), or used for any commercial purpose, subject to any required disclosure pursuant to Paragraph 45 below. CART shall have the right to inspect the circuit for the purpose of verifying that the circuit is being constructed in accordance with the drawings as submitted and approved. Within sixty (60) days after the execution of this Agreement, CART and Organizer/Promoter shall mutually agree on provide such verification of compliance with the specific track and facility improvements to be implemented for the first Event covered by provisions contained in this Agreement, and a written summary thereof shall be prepared and appended hereto. Thereafter, a similar process shall occur within sixty (60) days following each Event, in respect to improvements or adjustments to be implemented for the following year's EventParagraph 13 as CART may reasonably request.

Appears in 1 contract

Samples: Official Organizer/Promoter Agreement (Championship Auto Racing Teams Inc)

Organizer. Promoter shall provide at its expense during each Event the 8 <PAGE> 10 Monterrey Promoter Agreement March 28, 2000 Draft #4 track or race course which not be responsible for any purse distribution whatsoever in respect to a Competition. CART must meet or exceed the safety requirements of CART and the FIA approve any and all facilities awards given in good repair and ready for use, and Organizer/Promoter shall permit CART or its insurance broker or other designated representative, and the FIA to inspect the track, race course conjunction with a Competition and/or facilities before, during and after each Event. Except as provided in Paragraph 16C, all repairs deemed necessary in order for the track to meet FedEx Championship Series and CART and/or FIA safety requirements must agrees that such approval shall not be made at Organizer/Promoter's expense and the failure to make the necessary repairs may result in the postponement or cancellation of such Event, in CART's sole discretion. The track site, design and condition shall be subject to review and approval by CART and the FIAunreasonably withheld. Organizer/Promoter agrees to provide driver and owner trophies in recognition and representative of the achievements of at least the first three (3) finishing positions in each Competition. A. CART shall be responsible for providing not less than eighteen (18) entrants for each Competition, and CART shall consult with one another on the layout and design notify Organizer/Promoter of the track, including but not limited number of entrants at least thirty (30) days prior to the pit area, safety barriers, retention systems, and other facilities for the each Competition. B. Annually, seven If CART is unable to provide eighteen (718) months prior to the next Evententrants for any Competition, Organizer/Promoter shall submit an engineering drawing(shave the right to cancel such Competition, providing that Organizer/Promoter first informs CART in writing of such intent, and provided further that eighteen (18) entries have not been received within seven (7) days after receipt by CART of proposed changes such notice. If Organizer/Promoter under these circumstances exercises this cancellation right, it will be entitled to the race circuit return of the portion of the Organization and other facilities Rights Fee theretofore paid for CART's approval. CART will have thirty (30) days to acknowledge approval or request changes. Such drawings are to be treated as confidential, for use by CART as contemplated under this Agreement, and shall not be copied, disseminated (without Organizer/Promoter's prior consent, which shall not be unreasonably withheld), or used for any commercial purpose, subject to any required disclosure pursuant to Paragraph 45 below. CART such Competition. B. Either party hereto shall have the right to inspect cancel a Competition due to a "force majeure". "Force majeure" shall mean any event or circumstances (whether arising from natural causes, human or governmental agency or otherwise) beyond the circuit for control of the purpose parties including by way of verifying that the circuit illustration, but not by way of limitation, strikes, lock-outs or other labor disputes, civil strife, war, flood, fire, or acts of God. If there is being constructed in accordance with the drawings as submitted and approved. Within sixty (60) days after the execution of this Agreementan unexpected cancellation due to a "force majeure", CART and Organizer/Promoter shall mutually agree on will be entitled to the specific track return of the portion of the Organization and facility improvements Rights Fee theretofore paid, except that Organizer/Promoter agrees that CART may retain a sum equivalent to be implemented the necessary expenses reasonably incurred by CART in preparing for the first Event covered by this Agreementsuch Competition, and a written summary thereof which expenses shall be prepared mutually agreed by the parties provided, however, that if the parties are unable to agree informally as to the amount of such expenses, such dispute shall be submitted to binding arbitration and appended hereto. Thereafter, a similar process the result of such arbitration shall occur within sixty (60) days following each Event, in respect to improvements or adjustments to be implemented for the following year's Eventenforceable by any court having jurisdiction.

Appears in 1 contract

Samples: Official Organizer/Promoter Agreement (Championship Auto Racing Teams Inc)

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Organizer. Promoter shall provide at its expense during each Event the 8 <PAGE> 10 Monterrey Promoter Agreement March 28, 2000 Draft #4 track or race course which not be responsible for any purse distribution whatsoever in respect to a Competition. CART must meet or exceed the safety requirements of CART and the FIA approve any and all facilities awards given in good repair and ready for use, and Organizer/Promoter shall permit CART or its insurance broker or other designated representative, and the FIA to inspect the track, race course conjunction with a Competition and/or facilities before, during and after each Event. Except as provided in Paragraph 16C, all repairs deemed necessary in order for the track to meet FedEx Championship Series or any other CART and/or FIA safety requirements must be made at Organizer/Promoter's expense and the failure to make the necessary repairs may result in the postponement or cancellation of such Event, in CART's sole discretion. The track site, design and condition shall be subject to review and approval by CART and the FIAsanctioned activity. Organizer/Promoter agrees to provide driver and owner trophies in recognition and representative of the achievements of at least the first three (3) finishing positions in each Competition. A. CART shall consult with one another on the layout and design of the track, including but be responsible for providing not limited to the pit area, safety barriers, retention systems, and other facilities less than twenty (20) entrants for the each Competition. B. Annually, seven If CART is unable to provide twenty (720) months prior to the next Evententrants for any Competition, Organizer/Promoter shall submit an engineering drawing(shave the right to cancel such Competition, providing that Organizer/Promoter first informs CART in writing of such intent, and provided further that twenty (20) entries have not been received within seven (7) days after receipt by CART of proposed changes to the race circuit and other facilities for CART's approvalsuch notice. If Organizer/Promoter under these circumstances exercises this cancellation right, CART will have thirty (30) days to acknowledge approval or request changes. Such drawings are to be treated as confidential, for use by CART as contemplated under this Agreement, and shall not be copied, disseminated (without reimburse Organizer/Promoter's prior consent, which shall not be unreasonably withheld), or used Promoter for any commercial purpose, subject to any required disclosure pursuant to Paragraph 45 below. CART the portion of the Organization and Rights Fee theretofore paid for such Competition. B. Either party hereto shall have the right to inspect cancel a Competition due to a "force majeure". "Force majeure" shall mean any event or circumstances (whether arising from natural causes, human or governmental agency or otherwise) beyond the circuit for control of the purpose parties including by way of verifying that the circuit illustration, but not by way of limitation, strikes, lock-outs or other labor disputes, civil strife, war, flood, fire, or acts of God. If there is being constructed in accordance with the drawings as submitted and approved. Within sixty (60) days after the execution of this Agreementan unexpected cancellation due to a "force majeure", CART and Organizer/Promoter shall mutually agree on will be entitled to the specific track return of the portion of the Organization and facility improvements Rights Fee theretofore paid, except that Organizer/Promoter agrees that CART may retain a sum equivalent to the necessary expenses reasonably incurred by CART and its teams in preparing for such Competition, provided, however, that where CART receives not less than ten (10) business days notice of such unexpected cancellation, the parties acknowledge that such expenses will be implemented for the first Event covered by this Agreementprimarily limited to actual CART and team out-of-pocket, and a written summary thereof non-refundable expenditures, i.e., hotel deposits, airline ticketing, car rental, other ground transportation arrangements, etc., which expenses shall be prepared mutually agreed by the parties provided, however, that if the parties are unable to agree informally as to the amount of such expenses, such dispute shall be submitted to binding arbitration and appended hereto. Thereafter, a similar process the result of such arbitration shall occur within sixty (60) days following each Event, in respect to improvements or adjustments to be implemented for the following year's Eventenforceable by any court having jurisdiction.

Appears in 1 contract

Samples: Official Organizer/Promoter Agreement (Championship Auto Racing Teams Inc)

Organizer. Promoter agrees that each Competition shall be organized, approved by CART and conducted in accordance with all applicable statutes, ordinances, regulations or other requirements of any government authority, the FIA (CART shall determine in its sole discretion the applicability of FIA requirements and will communicate those requirements to Organizer/Promoter on a reasonably timely basis), and the CART Rule Book as amended from time to time and as the same may be modified or supplemented by any other rules, regulations, bulletins or releases that may be applicable to such Competition. , Organizer/Promoter shall provide be responsible for ensuring that all proper listings and affiliations with its ASN of jurisdiction are obtained in advance of each Competition. CART reserves the right to terminate this Agreement at its expense during each Event any time without further liability for failure of Organizer/Promoter to abide by said requirements, regulations, rules, or the 8 <PAGE> 10 Monterrey terms and conditions of this Agreement, by so notifying Organizer/ Promoter Agreement March 28in writing, 2000 Draft #4 track upon a five (5) day notice of default/opportunity to cure, unless the circumstances of the default mandate a more immediate cure, or race course which must meet or exceed the safety requirements do not warrant any cure period. CART shall notify Organizer/ Promoter in writing of CART and the FIA and all facilities in good repair and ready for use, any alleged default and Organizer/Promoter shall permit CART or its insurance broker or other designated representative, and the FIA to inspect the track, race course and/or facilities before, during and have five (5) days after each Event. Except as provided in Paragraph 16C, all repairs deemed necessary in order for the track to meet CART and/or FIA safety requirements must be made at Organizer/Promoter's expense and the failure to make the necessary repairs may result in the postponement or cancellation receipt of such Eventnotice to cure the default, in CART's sole discretion. The track siteprovided, design and condition shall be subject to review and approval by CART and however, if the FIA. Organizer/Promoter and CART shall consult with one another on the layout and design nature of the track, including but default is such that it cannot limited to the pit area, safety barriers, retention systems, and other facilities for the Competition. B. Annually, seven reasonably be cured within five (75) months prior to the next Eventdays, Organizer/Promoter shall submit an engineering drawing(s) of proposed changes to the race circuit and other facilities for CART's approval. CART will have thirty (30) days to acknowledge approval or request changes. Such drawings are not be deemed to be treated in default if it commences the cure within such five (5) day period and thereafter completes the curative action within a reasonable time, as confidential, for use determined by CART as contemplated under this Agreement, and shall not be copied, disseminated (without Organizer/Promoter's prior consent, which shall not be unreasonably withheld), or used for any commercial purpose, subject to any required disclosure pursuant to Paragraph 45 belowCART. CART shall have the right to inspect the circuit for the purpose of verifying that the circuit is being constructed in accordance with the drawings as submitted and approved. Within sixty (60) days after the execution of this Agreement, CART and Organizer/Promoter shall mutually agree on acknowledges receipt of a copy of the specific track CART Rule Book. All the specifications and facility improvements to be implemented for the first Event covered by recommendations from FIA mentioned in this Agreement, and a written summary thereof agreement shall be prepared and appended hereto. Thereaftercommunicated by the CART Chairman, a similar process shall occur within sixty (60) days following each EventChief Executive Officer, Senior Vice President of Racing Operations, or Vice President of Race Operations of CART, in respect to improvements or adjustments to be implemented for the following year's Eventa reasonably timely manner.

Appears in 1 contract

Samples: Official Organizer/Promoter Agreement (Championship Auto Racing Teams Inc)

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