Common use of Limited Application Clause in Contracts

Limited Application. This Agreement and the sanction granted herein relate solely to the Events and the dates set forth in Exhibit 1 to this Agreement or, if applicable, to one or more Event dates adjusted or postponed by NEM in accordance with this Agreement. Nothing in this Agreement, or in the course of dealing between the parties, will be construed to require PROMOTER or NEM to enter into a sanction agreement or to issue a sanction for one or more Events or any other event in the future.38. Disclaimer of Warranty. NEM (on behalf of itself, NASCAR, and each and every NASCAR Rights Affiliate, whether existing now or created hereafter) does not warrant, either expressly or by implication, nor is it responsible for, the financial or other success of any Event, the number or identity of sponsors, the number or identity of vehicles or Competitors participating in any Event, the adequacy of the services it provides, the suitability of the Facility for an Event, the safety of the public, the Competitors or any other person entering the Facility in connection with an Event, the financial return from the exploitation of Live Transmission Rights or Ancillary Rights, or any other matter not expressly agreed to or warranted by NEM herein.39. Proprietary Information; Confidentiality. PROMOTER acknowledges that (i) this Agreement, (ii) any technical, business or financial information or documents used, provided or disclosed by NEM or any NASCAR Rights Affiliate in connection therewith or pursuant thereto, (iii) customer lists of any kind or nature used, provided or disclosed by NEM or any NASCAR Rights Affiliate, (iv) the manner in which NEM or any NASCAR Rights Affiliate engages in the exploitation of Live Transmission Rights or Ancillary Rights, (v) the manner in which NEM conducts and controls the Competitions, (vi) the manner in which NEM promotes the Events, the series of which an Event is a part, and the sport of stock car racing in general, and (vii) the manner in which NASCAR and/or NEM forms, promotes and maintains relationships with sponsors, Competitors, Officials, other promoters, fans and other third parties involved in an Event (collectively "NEM Proprietary Information"), constitutes information that is proprietary to NASCAR, NEM and/or the NASCAR Rights Affiliate(s) and may not be used by PROMOTER except in connection with the performance of PROMOTER's duties under this Agreement. Except for that purpose, PROMOTER shall at all times and forever maintain NEM Proprietary Information in a confidential manner and shall not disclose it or use it on behalf of itself or any third party unless it is in the public domain as a result of an act or omission caused by a person or entity other than PROMOTER. PROMOTER acknowledges that any unauthorized use or disclosure of NEM Proprietary Information that is in violation of this Section, or other violation or threatened violation of this Section, could cause irreparable damage to NASCAR, NEM, and/or the NASCAR Rights Affiliate(s) and, therefore, that NASCAR, NEM, and/or the NASCAR Rights Affiliate(s) shall be entitled to an injunction prohibiting PROMOTER or any related party from engaging in such violation and to attorney's fees and costs for having to bring any action to enforce this Section.40.