Internet Uses. Each Party will use its Marks on its web sites, gaming sites, social media, or other internet presence on a worldwide basis in a manner consistent with this Agreement. However, TLV may register the TLV Marks as domain names and any other domain name that includes TROPICANA, TROP, or TROPPLUS provided that it also includes Las Vegas or LV in the domain name or, in the case of TROPPLUS, includes explicit reference to the Las Vegas hotel and casino in a prominent location on the home page. Tropicana Entertainment may continue to use the domain names it currently owns, as reflected in the list attached hereto as Exhibit A, and may register and use other TROPICANA-formative or TROP-formative domain names provided they do not include “Las Vegas” or “LV,” and they do include “Advantage,” “Entertainment,” “Express,” any other Preexisting Identifier used by Tropicana Entertainment, or any Accurate Geographic Identifier associated with any existing or future Tropicana Entertainment property (e.g., Tropicana Atlantic City, Tropicana AC, Tropicana ▇▇▇▇▇▇▇▇, etc.) and further provided that Tropicana Entertainment will only use TROPICANA and TROP with an additional Preexisting Identifier or Accurate Geographic Identifier. Any group names, handles, monikers, user names, or similar identifiers that the Parties may use on or in connection with social media or social networking will be consistent with the terms of this Section 5 of this Agreement. The Parties agree to include a prominent disclaimer on any web page whose domain name does not include a geographic identifier so as to avoid consumer confusion. Tropicana Entertainment agrees to purchase and retain the domain names in the list attached hereto as Exhibit B, subject to a limit of $3,000 in total expenses in connection with obtaining and maintaining control over these domain names. Tropicana Entertainment agrees to transfer to TLV the domain names in the list attached hereto as Exhibit C. In the event that Tropicana Entertainment ceases to maintain any of the domain names set forth in Exhibit B and such domain names are released by the domain name registrar for general registration (any such released domain name, a “Lapsed Domain Name”), nothing in this Agreement shall preclude TLV from registering any such Lapsed Domain Name. In the event that TLV registers any Lapsed Domain Name that falls within the exclusive use rights of Tropicana Entertainment, TLV may only warehouse such Lapsed Domain Name and shall not provide content under such Lapsed Domain Name. Tropicana Entertainment shall have the right to warehouse additional domain names in the nature of those listed in Exhibit B if TLV declines to register them at Tropicana Entertainment’s request.
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Sources: Settlement Agreement (Tropicana Las Vegas Hotel & Casino, Inc.), Settlement Agreement