AG 2002 04 15 (Regular) - Laserfiche WebLink

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NAMING RIGHTS AND MARKETING AGREEMENT This Naming Rights Marketing Agreement ("Agreement") i'~ catered into as of the day of , :2002 by and between the County of Cabarrus, North Carolina ("Cabarms") and Intelli-Maxk Technologies, a corporat/on with its principal place of business at .("Technologies"). WHEREAS, Technologies has developed a software/hardware package used in the sale to the public of tickets for admission to certain public events, and WHEREAS, the parties desire to enter into this Agreement to provide for: (1) Technolog/es to obtain the right to have the Cabarms Arena and Events Center at the Expo Park (the "Center") located at , Concord, North Carolina named, for the period of time specified herein and pursuant to the terms and conditions more specifically s.e.t forth below, "The Center", and (2) to specify the terms and conditions under which Technologies will handle ticket sales for all Center events requiring ticket sales. NOW, THEREFORE, the parties agree as follows: SECTION 1 - RELATIONSHIP a) ~ During the term of ti'ds A~eement, Technologies shall be the exclusive marketing representative for Cabarrus relating to the sale of Center event tickets. Tcclmologie,~. shall work with the representatives of Cabarrus in order to cliligently promote ticket sales for all Center events. ' b) Technologies has developed and shall also be the provider of certain software and hardware that is instrumental in providing access to the public for purchase of Arena ~vcnt tickets. Technologic, represents and warrant~ to Cabarrus that it is the sole and exclusive owner of all of the applicable software and hardware used with respect to the services rendered under this Agreement, that it has the. sole and exclusive right to use the software and license the software for the use of others, that the use of the software in conjunction with the appropriate hardware does not violate any intellectual property rights (United States or foreign) or any individual or entity. Technologies 'hereby indemnifies and hold harmless Cabarrus, its agents and employees from and against any damages or liabilities, attorney's fees or other legal costs of any kind or nature, arising out of or attributable to the use by Cabarrus of any hardWare or software designed by Technologie. s and.used by Cabarrus. ~) .Each party hereto shall use reasonable business efforts to cooperate with and assist the Other party in the performance of its dudes hereunder and shall commit no act, or omit to commit an act, which could have the effect of unduly hindering the other