Repairs and Upgrades to the Facility Sample Clauses
Repairs and Upgrades to the Facility. Upon request, PROMOTER shall provide NASCAR or its designated representative(s) full access to the Facility. If NASCAR determines that the Facility or any part of it is in a condition unsatisfactory for the Event, including without limitation the surface of the racetrack, barriers, fencing, retaining systems, SAFER barrier systems, the garage area, the pit area, race control, timing and scoring areas, registration areas, and areas, structures or equipment used for the Live Broadcast of or the creation or exploitation of Ancillary Rights at the Event, PROMOTER shall repair, replace or upgrade the unsatisfactory portion to the satisfaction of NASCAR. If NASCAR determines that it is necessary to resurface the racetrack, such resurfacing shall be completed by PROMOTER sufficiently in advance of the Event to allow for tire and private car testing. If NASCAR determines that there is insufficient time to place the racetrack, or any other portion of the Facility, in a condition suitable for the Event, NASCAR may postpone or cancel the Event. Notwithstanding the foregoing or any other term of this Agreement, PROMOTER is solely responsible for the safety of the Facility and is solely liable for injury or damage caused by or arising out of the condition of the Facility.
Repairs and Upgrades to the Facility. Upon request, PROMOTER shall provide NEM or its designated representative(s) full access to the Facility. If NEM determines that the Facility or any part of it is in a condition unsatisfactory for the Event, including without limitation the surface of the racetrack, barriers, fencing, retaining systems, SAFER barrier systems, the garage area, the pit area, race control, timing and scoring areas, registration areas, Fiber Optic Connectivity regarding the conduct and control of the Competition, the Live Broadcast of or creation or exploitation of Ancillary Rights at the Event, and/or media, and areas, structures or equipment used for the Live Broadcast of or the creation or exploitation of Ancillary Rights at the Event, PROMOTER shall repair, replace or upgrade the unsatisfactory portion to the satisfaction of NEM. If NEM determines that it is necessary to resurface the racetrack, such resurfacing shall be completed by PROMOTER sufficiently in advance of the Event to allow for tire and private car testing. If NEM determines that there is insufficient time to place the racetrack, or any other portion of the Facility, in a condition suitable for the Event, NEM may postpone or cancel the Event. Notwithstanding the foregoing or any other term of this Agreement, PROMOTER is solely responsible for the safety of the Facility and is solely liable for injury or damage caused by or arising out of the condition of the Facility.
Repairs and Upgrades to the Facility. Upon request, PROMOTER shall provide NASCAR or its designated representative(s) full access to the Facility. If NASCAR determines that the Facility or any part of it is in a condition unsatisfactory for the Event, including without limitation the surface of the racetrack, the garage area, the pit area, and areas, structures or equipment used for the Live Broadcast of or the creation or exploitation of Ancillary Rights at the Event, PROMOTER shall repair, replace or upgrade the unsatisfactory portion to the satisfaction of NASCAR. If NASCAR determines that it is necessary to resurface the racetrack, such resurfacing shall be completed by PROMOTER sufficiently in advance of the Event to allow for tire and private car testing. If NASCAR determines that there is insufficient time to place the racetrack, or any other portion of the Facility, in a condition suitable for the Event, NASCAR may postpone or cancel the Event. Notwithstanding the foregoing or any other term of this Agreement, PROMOTER is solely responsible for the safety of the Facility and is solely liable for injury or damage caused by or arising out of the condition of the Facility.
Repairs and Upgrades to the Facility. Upon request, PROMOTER shall provide NEM or its designated representative(s) full access to the Facility. If NEM determines that the Facility or any part of it is in a condition unsatisfactory for an Event, including without limitation the surface of the racetrack, barriers, fencing, retaining systems, SAFER barrier systems, the garage area, the pit area, race control, timing and scoring areas, registration areas, Fiber Optic Connectivity regarding the conduct and control of the Competition, the Live Transmission of or creation or exploitation of Ancillary Rights at an Event, and/or media, and areas, structures or equipment used for the Live Transmission of or the creation or exploitation of Ancillary Rights at an Event, PROMOTER shall repair, replace or upgrade the unsatisfactory portion to the satisfaction of NEM. Subject to existing contractual obligations and restrictions, Promoter will use commercially reasonable efforts to provide wireless connectivity to fans attending the Event within the grandstand seating area, infield and midways (such as through multi-carrier cellular antenna systems and/or Wi-Fi during each Event and shall provide reliable internet access by either cellular antenna systems, or Wi-Fi or ethernet to the NASCAR credential trailer and the driver/owner lot during each Event. NEM acknowledges that, subject to existing contractual obligations and restrictions, Promoter may provide such connectivity temporarily for the Event and Promoter acknowledges that such connectivity does not require permanent installation, provided that the connectivity experience for fans will be at a level similar to other professional level sports stadiums, including the ability for fans to engage with all social media platforms. If NEM determines that it is necessary to resurface the racetrack, such resurfacing shall be completed by PROMOTER sufficiently in advance of an Event to allow for tire and private car testing in strict accordance with all NASCAR Testing Policies in effect at that time. If NEM determines that there is insufficient time to place the racetrack, or any other portion of the Facility, in a condition suitable for an Event, NEM may postpone or cancel the Event. Notwithstanding the foregoing or any other term of this Agreement, PROMOTER is solely responsible for the safety of the Facility and is solely liable for injury or damage caused by or arising out of the condition of the Facility.