Event Trailers Clause Samples

Event Trailers. Any Event Trailer shall be limited to a promotion for an applicable Digital Programming Event and shall not include the exhibition or display of any trademark, service mark, logo or other advertising or branding other than the distributor(s) or production company(ies) of the Digital Programming Event. Additionally, Event Trailers may include (i) incidental images of products or services which appear in the Digital Programming Event (e.g. product placements), and (ii) Sponsor Message(s) in connection with Event Sponsorships.

Event Trailers. (a) In connection with this Agreement, Account may have the opportunity to use a trailer supplied by Bottler for concession sales of Products at Account events. (“Event Trailer”). Bottler shall not be liable to Account for any claims based on or arising out of injury to person or property in any way relating to Account’s use of an Event Trailer, except such claims as might arise solely out of Bottler’s gross negligence or willful misconduct. In no event and under no circumstances shall Bottler be liable to Account for any claims based upon or arising out of lost profits or prospective profits, loss of Product, or consequential, special or incidental damages in any way relating to Account’s use of an Event Trailer. (b) To the extent permitted by the laws of Florida, Account shall indemnify, defend and hold Bottler, its parent companies and each of their respective officers, agents, employees, directors, shareholders, affiliates, successors, and assigns harmless from all losses, damages, claims, suits, proceedings, and liabilities of whatever nature, and all resulting costs and expenses, including reasonable attorneys’ fees, arising from or related to any bodily injury or death of any person or damage to real or personal property caused by any act or omission of Account, its personnel or agents in connection with Account’s use of an Event Trailer. During the Term of the Agreement, Bottler may provide to Account Equipment (as defined below), subject to the terms of this Equipment Placement Addendum (“EPA”). The terms of this EPA shall apply to each piece of Equipment commencing on its date of installation at any Account Location (“Commencement Date”). THE TERMS OF THIS EPA WILL CONTINUE IN EFFECT WITH RESPECT TO EACH PIECE OF EQUIPMENT UNTIL THE EQUIPMENT HAS BEEN RETURNED TO BOTTLER AND WILL SURVIVE THE EXPIRATION OR TERMINATION OF ANY AGREEMENT INTO WHICH THIS EXHIBIT IS INCORPORATED. Any term capitalized, and not otherwise defined herein, shall have the meaning given in the Agreement.