Common use of Category Exclusivity Clause in Contracts

Category Exclusivity. From the Opening Date through the end of the Term, and for so long as Sponsor is not in default of this Agreement, subject to Section 4.2 below and Section 13.15 below, neither Brooklyn Arena nor NJ Basketball shall: (a) display (or cause or authorize the display of) signage or other advertisements in the Arena or on the Arena premises, nor engage in sponsorship or promotional activities for or concerning beverage products in the Exclusive Category other than beverage products in the Exclusive Category of or concerning Sponsor; (b) grant any form of trademark visibility or promotional or advertising rights to any beverage products in the Exclusive Category other than beverage products in the Exclusive Category of or concerning Sponsor; (c) grant advertising or promotion rights - including use of the Brooklyn Party Marks - to any third party in a way that permits a third party to use such rights in association with beverage products in the Exclusive Category other than beverage products in the Exclusive Category of or concerning Sponsor; (d) permit any Nets player or other NJ Basketball employee to use the Brooklyn Party Marks to sponsor or endorse any beverage product in the Exclusive Category other than beverage products in the Exclusive Category of or concerning Sponsor; or (e) grant any third party the right to conduct promotions involving beverages in the Exclusive Category or related beverage products (by way of illustration but not limitation, coolers), including promotions that relate primarily to non-beverage products that involve a beverage product in the Exclusive Category other than beverage products in the Exclusive Category of or concerning Sponsor. In connection therewith, Sponsor acknowledges that the Entitlements granted hereby shall relate only to Sponsor’s products or services within the Exclusive Category and that Sponsor shall have no rights to Entitlements outside the Exclusive Category. In addition, Sponsor’s beverage products within the Exclusive Category shall be the only beverage products served or sold within the Arena or on the Arena premises (the “Exclusive Beverage Availability Right”).