Title Sponsorship. Motivate, working with the City, shall use reasonable efforts to procure a Title Sponsor for the System ("Title Sponsorship") with a target revenue of $800,000 per year for 5 years (the “Title Sponsorship Funds”) for the System, provided that such Title Sponsorship period may be as short as 3 years at Motivate's reasonable discretion subject to City approval. Title Sponsors may have the right to receive recognition on some or all of the following System components: Bicycles, Hubs, Kiosks, Subscriber Cards, Racks, vehicles, uniforms, website, mobile applications, Subscriber mailings and communications and other components as mutually agreed upon by the Parties. The Title Sponsor may also have the right to name the System and/or jointly create System Marks that include Sponsors Marks, subject to the prior approval of the City.
Title Sponsorship. On December 1, 2015, the City entered into an agreement (the Title Sponsorship Agreement") with NIKE, Inc.(the "Title Sponsor") for title sponsorship rights to the System (the "Title Sponsorship"). Motivate hereby agrees to provide during the Term hereof the Program Rights to the Title Sponsor listed on Exhibit A of the Title Sponsorship Agreement. A copy of Exhibit A of the Title Sponsorship Agreement is attached hereto as Exhibit I and the City agrees that it shall not amend the Program Rights during the Term without the prior written consent of Motivate (which consent shall not be unreasonably withheld or delayed. To the extent that approval(s) of the Title Sponsor is required to be secured under the Title Sponsorship Agreement (such as, by way of example only, for approval of promotional materials which include Sponsor Marks or approval of Secondary Sponsorships), the City agrees to coordinate such approval process on behalf of Motivate or to otherwise assist Motivate in securing such approval directly. Motivate shall be allowed to rely on written notice from the City (e-mail notice acceptable) that approval from the Title Sponsor has been secured. Motivate agrees that it shall not enter into any agreements with third parties in connection with the System that conflict with any exclusive Program Right of the Title Sponsor in the Category (as defined in the Title Sponsorship Agreement) and that Title Sponsor shall have customary approval rights on all Sponsorships, not to be unreasonably withheld, conditioned or delayed. For the avoidance of doubt, the City acknowledges and agrees that Motivate is not a party to the Title Sponsorship Agreement and that Motivate is not responsible for any obligations thereunder except that Motivate shall be responsible hereunder for fulfillment on behalf of the City during the Term hereof of those Program Rights set forth on Exhibit A of the Title Sponsorship Agreement. In the event that the Title Sponsorship Agreement is terminated early or expires and is not renewed, Motivate shall (a) not have any obligations to fulfill the Program Rights beyond the effective date of such early termination or expiration and (b) have the right to seek a replacement title sponsor for the System (except if the cause for early termination of the Title Sponsorship Agreement arises out of breach by Motivate hereunder).
Title Sponsorship. In exchange for the Title Sponsorship Funds the Title Sponsor may have the right to receive recognition on some or all of the following System components: Bicycles, Hubs, Kiosks, Subscriber Cards, Racks, vehicles, uniforms, website, mobile applications, Subscriber mailings and communications and other components as mutually agreed upon by the Parties. The Title Sponsor may also have the right to name the System and/or jointly create System Marks that include Sponsors Marks, subject to the prior approval of the City.
Title Sponsorship
