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10. Publicity Material and Recognition: <br />(a) Grantee, upon written approval by the Foundation, shall recognize the Foundation and <br />acknowledge the Grant in Grantee's written materials, news releases, website and related <br />marketing or publicity. <br />(b) The Foundation shall have the right to publicize, show photographs of, and use the name of the <br />Mini Pitch and otherwise promote its contributions in any and all media, including the Internet. <br />Grantee authorizes the Foundation to utilize those logo or logos, owned or controlled by Grantee <br />and associated with the Grant Project, for related marketing and/or publicity. Foundation will <br />indemnify Grantee for any claim of intellectual property, trademark or copyright infringement <br />related to the use of Foundation's marks or logos. <br />(c) Grantee agrees to fully assist and cooperate in a mutually acceptable dedication event, should the <br />Foundation request such, which may include appearances by athletes affiliated with the <br />Foundation. <br />11. Awareness Opportunities: Grantee grants to Foundation the right to permanently place Foundation's <br />trademark, trade name or any design/logo owned or controlled by Foundation (each, a "Mark" and <br />together, the "Marks"), and/or that of its funding partners, on the surface of the Mini Pitch. Unless <br />Foundation chooses to forego the right, standard Marks will be included during installation of the Mini <br />Pitch, per the rendering found in Attachment A. Foundation may change its Marks at any time in its sole <br />discretion and at its sole cost. Each Mark will remain on the surface of the Mini Pitch for as long as the <br />Mini Pitch is operational, unless removed by Foundation or unless Foundation otherwise gives its written <br />consent to the removal of such Mark. Foundation will indemnify Grantee for any claim of intellectual <br />property, trademark or copyright infringement related to the use of Foundation's marks or logos. <br />Additionally, Grantee will allow Foundation to install signs/banners on the premises on which the Mini <br />Pitch is built, per the rendering found in Attachment A, in order to promote and recognize the <br />Foundation and other funders for their contribution to the Mini Pitch. <br />12. Grant Not Assignable: Grant is intended solely for the benefit of Grantee. No benefit of the Grant may <br />be delegated, assigned or otherwise transferred without the advance, written consent of Foundation, which <br />consent shall be in the sole and absolute discretion of Foundation. <br />13. Proper Authority: Each of the parties and its officers represent and warrant that they are authorized to <br />enter into this Agreement and execute the same without further authority. <br />14. Absence of Warranties: FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES OF <br />ANY HIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT <br />LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, <br />MERCHANTABILITY OR OTHERWISE RELATING TO THE MINI PITCH OR ANY COMPONENT <br />PART THEREOF, OR ANY OTHER ENTITIES AND THEIR ASSOCIATED SERVICES. IN NO <br />EVENT WILL FOUNDATION BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, <br />BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS, OR OTHER CONSEQUENTIAL, <br />EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT <br />OR PERFORMANCE OF THE OBLIGATIONS HEREUNDER. <br />15. Assumption of Risk: Grantee hereby agrees to assume all risks and liabilities associated with the use, <br />operation, maintenance, safety and condition of the Mini Pitch. <br />