Use of Legacy Tradenames. Without limitation of the other provisions of this Section 9 and notwithstanding anything to the contrary contained in this Lease, Tenant agrees to allow Landlord or its designee operator, at its option and at no cost to Landlord or any such designee, to continue to use, in its signage, marketing and advertising materials, operations and otherwise, any or all name(s) (including tradenames) associated with the operation of a particular Terminated/Dispossessed Premises and related Facilities as a going concern for up to 120 days following (i) the expiration or termination of this Lease as it applies to such Terminated/Dispossessed Premises and Facilities and (ii) the vacation from, and surrender of, such Terminated/Dispossessed Premises and Facilities by Tenant in accordance with this Section 9 and the other requirements of this Lease, provided that (x) any such designee is approved in advance in writing by Tenant (such approval not to be unreasonably withheld, conditioned or delayed) and (y) Landlord shall protect, indemnify, defend and save harmless Tenant, its directors, officers, shareholders, members, agents and employees (collectively, the “Tenant Indemnified Parties”) for, from, against and regarding any and all liability, expense, loss, cost, deficiency, fine, penalty or damage of any kind or nature, (including reasonable attorneys’ fees, and including from any suits, claims or demands) on account of any matter or thing, action or failure to act arising out of or in connection with the foregoing use of such signage, marketing and advertising materials, operations and otherwise, any or all name(s) (including tradenames), by Landlord or its designee, as applicable. At the end of such 120 day period, or upon sooner written notice from Landlord to Tenant, Tenant shall, promptly and at its expense, remove its aforesaid name(s) from all signs and other leased improvements at such Terminated/Dispossessed Premises and Facilities and repair any damage to such signs or other leased improvements caused by such removal. Landlord acknowledges and agrees that Tenant, not Landlord, owns the aforesaid names and that neither Landlord nor any designee of Landlord may use the same except as described in this Section 9.3 or as otherwise agreed in writing by Tenant.
